Los Angeles - A federal judge on Thursday granted
preliminary approval to the landmark 215-million-dollar class-action
settlement that the University of Southern California [USC] had
agreed to pay to former patients of campus gynecologist George
Tyndall.
Under the terms of the settlement, the approximately 17 000 women
treated during the physician's three-decade career would each be
eligible to receive between 2 500 and 250 000 dollars. The amount
would depend on the severity of the misconduct alleged and the
women's willingness to detail those experiences in writing or in
interviews.
The preliminary sign-off by US District Judge Stephen Wilson is not
expected to conclude USC's payouts to female students and alumnae.
More than 720 women are currently pursuing separate claims against
the university in state court, and their lawyers have criticized the
class-action agreement as paltry.
Still, Interim President Wanda Austin termed the court action an
"important step forward in healing."
"The settlement provides every affected individual the opportunity
for a fair and respectful resolution, and it contains additional
reforms that will build upon the impactful changes we have already
made to strengthen our university," Austin said.
USC will pay the former patients' attorneys up to 25 million dollars
under the agreement.
Attorney Gloria Allred listens as her client, Danielle Mohazab, speaks about an alleged incident during a 2016 exam with University of Southern California (USC) gynaecologist Dr George Tyndall. File picture: Mike Blake/Reuters
Tyndall is part of the settlement, but under the approved terms he
will not contribute to the payout to the women or their attorneys,
and he will not admit liability or wrongdoing. The gynecologist still
faces an ongoing criminal investigation. The Los Angeles County
district attorney's office said Thursday that it had received 131
criminal reports against Tyndall and had not made a decision about
whether to file charges.
In court papers, Tyndall's lawyers have denied that their client
acted inappropriately during his medical exams at the student health
center.
Within the next month, former patients of Tyndall identified through
USC records will receive formal notices about the settlement terms.
Those already suing in state court have until November to decide
whether to opt out of the settlement.
Plaintiffs' attorney Mike Arias, who is co-liaison counsel for the
state court defendants, said lawyers are expected to meet
individually with clients to discuss the facts of their claims and
what they could reasonably expect as they press forward with
litigation.
Of the class-action settlements' top possible award of 250,000
dollars, Arias said, "I think that number is significantly lower than
most cases out there that have resulted in settlements for this type
of conduct."
The ultimate payment for each patient will be determined by a panel
of three people including a gynecologist and a forensic psychologist.
No payments will be distributed until Judge Wilson grants final
approval to the settlement. In his order Thursday, Wilson scheduled a
hearing for January 6 for final approval.