Joanna Szabo  |  January 19, 2021

Category: Legal News

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UCLA gynecologist abuse case to be serttled

A federal judge has granted preliminary approval for the University of California system to pay $73 million to bring an end to a sexual assault class action lawsuit filed by seven women alleging abuse by a UCLA gynecologist.

The women’s lawsuit states former UCLA gynecologist James Heaps, 67, used his positions at the UCLA student health center and UCLA Medical Center to sexually assault patients between 1983 and 2019. It also claimed that “although Heaps had a reputation for disturbing behavior since the 1980s, UCLA allowed him to continue seeing patients,” a settlement agreement says.

More than 100 former patients have since filed lawsuits against Heaps.

Class members will be separated into three tiers. Tier 1 members (all Class Members) will automatically receive payments of $2,500, however Class Members can all apply for tiers 2 and 3, which would offer an additional $10,000 or $247,500, respectively — $12,500 or $250,000 total — upon acceptance by a review panel. The agreement allows for higher awards under certain circumstances.

UCLA failed to protect those in its community from Heaps during his tenure, the class action lawsuit claims. Indeed, UCLA had allegedly kept reports of Heaps’ sexual misconduct secret. News about Heaps reached the public in June 2019 when he was arrested for sexually touching two patients in 2017 and 2018, CBS Los Angeles reported. Since then, dozens of patients have come forward with similar allegations.

On top of the lawsuits filed against Heaps, he has been charged with some 20 sexual battery, exploitation and criminal assault counts. He faces more than 67 years in prison.

In December 2019, after a hearing in the Heaps case, attorneys representing more than 45 of Heaps’ patients accused UCLA of dragging out the investigation.

Lawyers claim UCLA found sufficient evidence of sexual assault in December 2017, but Heaps was allowed to continue treating patients at the school until his retirement the following June. UCLA was supposed to release its report on the matter within 60 days of the 2017 allegations, but only released it in November 2019, according to CBS Los Angeles.

“It’s clear that when given the opportunity to take action and prioritize the well-being of patients, that they instead chose to protect an abuser and to put profits ahead of the women they should have been protecting,” attorney Darren Kavinoky said.

On top of the $73 million included in the UCLA gynecologist abuse settlement agreement, the university will also be required to undertake certain reform measures, including creating a new process for investigating sexual assault, harassment and misconduct allegations; implementing a formal chaperone policy for patients; starting a training program on boundaries; and ensuring patients are informed about reporting misconduct.

Woman waiting to be examined by doctorIn September, California Gov. Gavin Newsom approved a measure offering a one-year lookback window for Heaps’ victims to file a UCLA gynecologist abuse lawsuit, the Daily Bruin reported, even when they otherwise would have been too late under the current statute of limitations.

The settlement is one of several major agreements in recent years involving payouts to patients of doctors accused of sexual assault and misconduct.

Another such settlement was the case of George Tyndall, a former University of Southern California gynecologist, that resulted in a $215 million payout for 18,000 of Tyndall’s patients.

If you or someone you love has been a victim of sexual assault at a school, you may be able to file a lawsuit and pursue compensation — against the perpetrator, the school or both.

Filing a lawsuit can be a daunting prospect, so Top Class Actions has laid the groundwork for connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation and maximize your potential compensation.

The UCLA Gynecologist Abuse Lawsuit is Case No. 2:20-cv-09555-RGK-E in the U.S. District Court for the Central District of California.

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