University of Southern California (USC) students and alumni today filed a class action settlement agreement resolving claims related to gynecologist George Tyndall, M.D. that will require USC to adopt and implement procedures for identification, prevention, and reporting of sexual and racial misconduct, as well as recognize all of Tyndall’s patients through a $215 million fund that gives every survivor a choice in how to participate.

The agreement, which is subject to court approval, was filed along with a motion for preliminary approval and supporting documents in the Central District of California, where Judge Stephen V. Wilson has been overseeing the federal proceedings. As part of the settlement, USC must implement a series of reforms – with oversight from the court and class counsel – to ensure the safety of its students going forward.

The $215 million in monetary compensation provided by the agreement recognizes all women who were patients of Tyndall, gives survivors a choice on how they want to participate, and does so in a setting that is more private and immediate than would occur through litigation.

The class includes all women who were seen for treatment by Tyndall at the USC Student Health Center during the period from August 14, 1989 to June 21, 2016 for (a) for women’s health issues, or (b) whose treatment by Tyndall included an examination by him of her breast or genital areas, or (c) whose treatment included the taking of photographs or videotapes of her unclothed or partially clothed body.

USC SETTLEMENT TIERS

The payments for each class member will be determined as follows:

Tier 1. Every class member will receive an initial, minimum $2,500 payment in addition to being eligible for Tier 2 or Tier 3 payments. Those who can be identified through USC’s existing health center records will be automatically mailed a Tier 1 payment check for $2,500 once the settlement is effective. Those class members who could not be identified through USC’s records must submit a simple signed Statement of Class Membership Form to receive their $2,500 payment.

A Court-appointed Special Master, with the assistance and guidance of a team of experts, including those in gynecology, psychology, psychiatry, PTSD, and the unique needs of sexual trauma survivors, will review and allocate Tier 2 and Tier 3 Claims. This approach has been successfully employed in other sexual assault settlements.

Tier 2. Class members have the option to submit a Claim Form describing her experience with Tyndall, the impact to her, and the harm she suffered. Payments are between $7,500 and $20,000, subject to review by the Special Master and pro rata adjustments.

Tier 3. Class members can also choose to provide information about her experience and its impact in the form of an interview by the Special Master’s team, in addition to the written Claim Form. Payments are between $7,500 and $250,000, subject to review by the Special Master and pro rata adjustments.

Claimants’ personally identifying information will be kept confidential and will not be shared with defendants.

CLAIM INFORMATION

For more information please visit https://www.usctyndallsettlement.com/

At this time, claimants are not able to file a claim. If and when the court grants preliminary approval, this webpage will be updated. Potential Class members will be contacted by Mail. Additionally, if you would like to be contacted when the webpage is updated, please reach out to Ms. Rachel Garvey via email. rgarvey@kohnswift.com.

STANDING WITH SURVIVORS

KS&G takes your claim seriously. If you or someone you know suffered from Tyndall’s abuse and USC’s negligence, and need someone to discuss this matter with you, KS&G is here to listen.

Jonathan Shub, a KSG shareholder, is serving as class counsel in this matter. If you have questions about the settlement, please reach out to Ms. Rachel Garvey rgarvey@kohnswift.com.