Pending approval in US District Court, the University of California system will pay $73 million in the class action sexual abuse civil case settlement of former UCLA gynecologic oncologist James Mason Heaps, MD, on allegations spanning 2011 through mid 2018.
Officials at UCLA acknowledge complaints of Heaps starting 2017, and have records for about 5,000 cancer patients he treated, if no details for the estimated 1,600 in Heaps’ private practice. UCLA placed him on leave in 2018, and moved to fire him in 2019, with no public statement alerting the university community about his conduct at the time, nor upon his retirement that year, but only following reports of his June 2019 arrest, initially on criminal charges of sexually touching two patients in 2017.
[Heaps’ arrest came barely over] a year after USC [University of Southern California “a private research university in Los Angeles,”] was rocked by allegations that its former campus gynecologist had [sexually abused hundreds of students across] nearly three decades… USC allowed Dr George Tyndall to leave the university with a settlement and without notifying authorities or his patients. Tyndall has denied the allegations, which are the subject of a criminal investigation.
In addition to the seven named women plaintiffs, the UCLA class action potentially includes over 6600 former cancer patients…
...excluding 112 whose attorney called “cynical” the settlement offer —and that it would average $12,000 per person— because acceptance of the offer would precluding the victims’ day in court.
Elizabeth Kramer, attorney for the plaintiffs in Monday’s settlement, said the agreement could provide far more money to some individuals.
She said the settlement would create a $73-million fund for survivors, with an automatic payment of $2,500 to settlement class members, who would receive the money without having to take further action. “Those who do wish to come forward can seek up to $250,000,” she said.
Heaps’ medical license was suspended in July 2019.
Acceptance of the civil class settlement means Heaps and his attorneys will have no opportunity to confront his accusers and examine testimony.
In criminal court, Heaps faces 20 felony counts for crimes against five women, including "sexual battery by fraud, sexual exploitation of a patient, and sexual penetration of an unconscious person." Prison time could total nearly 70 years for conviction on all charges.
According to an information page on UCLA's website … Heaps did his internship and residency in ob/gyn and a fellowship in gynecologic oncology at UCLA School of Medicine from 1983 to 1989. From 1990 to January 31, 2014, Heaps' private practice was independent from UCLA Health. From 1989 until 2018, Heaps served on the UCLA Medical School faculty.
The Times reported that Monday’s agreement filing also requires UCLA to “undertake reform measures … UCLA has been accused of keeping Heaps' misconduct secret” until his arrest.
The sexual misconduct complaints against George Tyndall at USC
...dated back to the 1990s and were brought to light by a number of whistleblowers, including university nurse Cindy Gilbert [and allege] that the university was aware of the complaints and had been covering up Tyndall’s crimes for decades. The story sent shockwaves through the school, causing the faculty to put together a petition which led to the removal of then president Max Nikias.
In Feb. 2019, the school settled a $215 million class action lawsuit with the alleged victims, which offered the nearly 17,000 former patients of Tyndall's compensation of $2,500 and up. Greater compensation was offered to patients willing to provide further details about their experiences…
...Tyndall was arrested and charged with 29 felonies in June 2019, with five additional accounts added in July 2020. Tyndall pled not guilty on July 24, 2020 [with] a preliminary hearing [scheduled for November 19, 2020]….
Emily Hilton for the Hollywood
Reporter - November 16, 2020
Heaps did not admit wrongdoing nor contribute toward the $73 million civil class action agreement, but did sign off on the settlement’s terms.
Main sources: Los Angeles Times November 16, 2020
& earlier linked Times articles, and
Medscape November 19, 2020