Judge Signs Off On $73M Preliminary Settlement in UCLA Doctor Case

Judge Signs Off On $73M Preliminary Settlement in UCLA Doctor Case

by Contributing Editor

A federal judge has given preliminary approval of a settlement in which the University of California system agreed to pay $73 million to more than 5,500 women who were patients of a former UCLA gynecologist who has been charged with 20 felony counts of sexual assault, it was announced Monday.

The agreement — which requires the judge’s final approval in July — is part of a class-action suit against the university and ex-campus gynecologist James Heaps brought by women who say they were sexually abused and assaulted by the doctor at UCLA medical facilities. The settlement also requires UCLA to ensure stronger oversight procedures for identification, prevention and reporting of sexual misconduct.

U.S. District Judge R. Gary Klausner gave preliminary approval Friday in Los Angeles federal court.

Originally filed in 2019, the class-action lawsuit accuses Heaps of assault, abuse and harassment and accuses UCLA of failing to protect his patients after becoming aware of the misconduct.

The entirety of the $73 million would go toward compensating more than 5,500 women who received treatment from Heaps at either the Ronald Reagan UCLA Medical Center from 1986-2018, the school’s student health center from 1983-2010 or Heaps’ university medical office from 2014-18.

The behavior alleged in the lawsuit includes sexual abuse during examinations, recommending unnecessary procedures and overly frequent examinations to create additional opportunities for abuse, making inappropriate and sexually suggestive comments and removing patients’ clothing or gowns without consent.

Heaps, 67, has pleaded not guilty to criminal charges that he sexually abused seven patients.

John Manly, a sexual abuse attorney who represents 112 alleged victims of Heaps who are not part of the federal class settlement, said when the agreement was first announced that under the deal, “members of the class action are guaranteed to receive just $2,500, and at absolute maximum can receive only $250,000.”

“The average amount that a victim will receive (is) $11,000,” Manly said in November. “Apparently, that is what UCLA Chancellor Gene Block and the UC Regents think is just compensation for a cancer patient who was brutally sexually assaulted and abused by a doctor they employed and trusted?

“Our firm never agreed to this settlement, our clients are not bound by this settlement, and we urge an investigation by the governor, the attorney general, and the Legislature to determine how this settlement was negotiated and who was involved.”

The lawsuit alleged that while patients complained about Heaps years earlier, it was not until late 2017 that allegations of sexual misconduct by the gynecologist were reported to UCLA’s Title IX office and a formal investigation was opened.

Heaps was allowed to continue seeing patients — both during the investigation and after UCLA informed Heaps that his contract would not be renewed when it expired on June 30, 2018.

UCLA ended Heaps’ employment and notified law enforcement of the allegations against him on June 14, 2018. In June 2019, Heaps was arrested and charged with multiple counts of sexual battery. Following his arrest, many more women came forward to report sexual misconduct. In August 2020, Heaps was charged with additional felonies.

According to UCLA, in addition to compensation, the university has undertaken a series of reforms, including:

— implementing a new investigation model for sexual harassment/sexual assault;

— improved chaperone policies that, among other things, require annual training;

— notice to patients of reporting options;

— training for UCLA medical facilities personnel on provider-patient boundaries and on conducting sensitive examinations;

— enhanced due diligence during the credentialing and re-credentialing process and in connection with UCLA Health’s acquisition of a physician or group practice; and

— appointment of a compliance monitor to facilitate, oversee and evaluate implementation of these institutional changes.

The settlement offers three tiers of compensation:

— Tier 1: Women who have been pre-identified as class members based on university records will automatically receive a $2,500 payment without any action required on their part. Those who have not been pre-identified can submit a form either online or through the mail to seek their compensation. All Tier 1 victims are also eligible to apply for Tier 2 or Tier 3 compensation;

— Tier 2: Women who choose to share additional information about their experience(s) with Heaps may be eligible to receive an additional payment of $10,000, for a total Tier 2 payment of $12,500. Each Tier 2 claim will be reviewed by an impartial, three-person panel that includes a court-appointed special master, a forensic psychologist/psychiatrist and an OB-GYN; and

– Tier 3: Victims who wish to provide further evidence will be interviewed by a member of the special master’s team about their experience. Submitting a Tier 3 Claim is optional, and those who participate may be eligible for a total payment between $12,500 and $250,000. An additional $5 million will be set aside for certain claimants within Tier 3, and the panel can make awards in excess of $250,000 in the most serious cases.

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All credit goes to Contributing Editor
Originally published on https://mynewsla.com