October 22, 2018- The University of Southern California announced today that it has reached a $215 million proposed settlement in a class action lawsuit against the University and its former gynecologist, Dr. George Tyndall.
The lawsuit was filed earlier this year in the U.S. District Court for the Central District of California. Dr. George Tyndall was alleged of years of sexual abuse of his patients that continued despite USC’s knowledge. Dr. Tyndall supposedly subjected his patients to inappropriate touching, unnecessary penetration with his hands, lewd comments, photographing, and other acts of sexual harassment. It was further alleged that the University was aware of Dr. Tyndall’s behavior since at least the 1990s and did nothing, for decades, as more and more female students were sent into Dr. Tyndall’s office.
Under the stipulations of the proposed settlement, there exist three tiers of claims available to class members:
- Tier 1: Each Settlement Class member, who can be identified through existing health center records, or who submits credible evidence of being a patient of Dr. Tyndall at the USC student health center from July 14, 1997 through June 21, 2016, will be mailed a Claim Award in the form of a check for $2,500.
- Tier 2: Each Settlement Class member has the option to submit an online or written claim form describing her experience, the impact to her, and/or the damages she suffered. If the Court-appointed Special Master determines that the Claim Form is credible, and that the conduct or statement(s) described fall outside the scope of accepted medical standards of care applicable during the relevant time, or that the conduct or statements are determined to otherwise be actionable, the claimant shall receive a Claim Award of no less than $7,500 and up to no more than $20,000.
- Tier 3: This tier is reserved for those Settlement Class members who desire to provide further evidence of conduct by or statement(s) from Dr. Tyndall and their impact. Each Settlement Class member who submits a Tier 3 claim will be interviewed by a forensic psychologist, or her team, or other experts, regarding the Settlement Class member’s experience and its impact on her. Based on all information, the Special Master will determine whether the Claim Form is credible, the conduct or statement(s) described fall outside the scope of accepted medical standards of care applicable during the relevant time, or the conduct or statements were otherwise actionable, and based on an assessment of the emotional distress and/or bodily injury to the claimant, the Special Master will recommend a Claim Award of no less than $7,500 and no more than $250,000.
Kohn, Swift & Graf is one of the law firms representing the Proposed Class. Please check back for important updates.