Court reviewing settlement in doctor-sex abuse case
A settlement agreement between the University of Southern California and women who alleged sexual abuse by a former university gynecologist is making its way through US District Court in California.
If approved by the court, the proposed $215 million agreement filed on Tuesday would grant $2,500 to $250,000 in payments based on a three-tier claims system to individuals treated by doctor George Tyndall.
Tyndall, who worked at USC’s Student Health Center for nearly three decades, has been accused of sexually abusing his patients, some of whom were Chinese international students.
The settlement also requires USC to “take specific measures to ensure that similar abuse and misconduct will not happen again”.
Some of the measures include pre-hiring background checks of all personnel who will have direct interaction with patients; annual verifications of credentials of all clinical personnel; and sufficient staffing so all female patients can see a female physician.
USC is also required to hire an independent women’s health advocate who will ensure its compliance with the policy reforms and hear complaints of improper sexual or racial conduct reported at the Student Health Center.
Under the settlement agreement, former patients will receive a minimum of $2,500. Those with the most severe claims who tell their stories and speak to a psychologist can receive up to $250,000.
Allegations against Tyndall included improperly photographing students’ genitals and making suggestive comments during appointments.
The plaintiffs alleged that despite numerous complaints against Tyndall over the years, USC failed to adequately investigate the abuse or report him to the appropriate authorities.
The class action suit filed by several law firms on behalf of a dozen plaintiffs is just one of many filed in California against Tyndall and USC.
Thomas Girardi, the founding partner of the law firm Girardi & Keese, who represents 14 former patients, said the settlement amount is not adequate, and he and his clients want to go to trial.
Gloria Allred, a women’s rights attorney of Allred, Maroko & Goldberg, said she is recommending her law firm’s 58 clients to opt out of the settlement, calling it “wholly inadequate and premature”.
“We believe that it is extremely important for the victims to know what the USC administration knew and when they first discovered the prior complaints made by some of the 17,000 USC students Tyndall purportedly examined,” she said.
The attorneys supporting the settlement argued that it allows the victims to tell their stories without going through an invasive and lengthy litigation process.
Tyndall has repeatedly denied any wrongdoing. A Los Angeles Police Department spokesperson said on Wednesday that Tyndall has not been charged with any crimes.
Greg Risling, a spokesperson for the Los Angeles County District Attorney’s Office, said the agency has received 99 crime reports from the LAPD, but no filing decision has been made at this time.