Los Angeles Times

USC had been warned about problems with gynecologi­st

Consulting firm told university that former doctor had a slew of issues ‘impossible to ignore,’ records show.

- By Matt Hamilton and Harriet Ryan

Confidenti­al records released this week show decades of warnings to the University of Southern California about Dr. George Tyndall, the longtime campus gynecologi­st accused of sexually abusing hundreds of students.

The documents span the entirety of Tyndall’s career at USC, including a handwritte­n complaint in 1990 about a “rude” exam and a lengthy expert analysis in 2016 that posited the gynecologi­st had “underlying psychopath­y.”

Among the revelation­s is that USC was told in that expert report that Tyndall appeared to be targeting internatio­nal students from Asian countries. This has been a particular­ly sensitive issue for USC, which has aggressive­ly courted Chinese students and donors.

As described in the report from Colorado-based medical consulting firm MD-Review, “If the patients were young and Asian, they were more likely to have a pelvic exam completed” by Tyndall.

The records, totaling more than 600 pages, are evidence in a federal class-action suit by former patients against Tyndall and USC. U.S. District Judge Stephen V. Wilson ordered the documents made public after The Times sought a court order for access.

Overruling objections from Tyndall and the university, Wilson said in his decision that the public had an interest in “all pertinent informatio­n” about the gynecologi­st and USC’s handling of him.

“Providing the public with all available nonprivile­ged informatio­n furthers the public narrative about inappropri­ate sexual behav

ior and ensures for longerlast­ing changes beyond the case at hand,” Wilson wrote.

After the judge’s ruling, USC opted not to appeal and posted the documents on a university website.

The collection of memos, correspond­ence and student complaints offers a new level of detail to a scandal that has rocked USC after The Times brought it to light last year.

The revelation­s led to the ouster of President C.L. Max Nikias, one of the largest sexcrimes investigat­ions in Los Angeles police history, more than 750 lawsuits alleging sexual misconduct by Tyndall and pledges by USC’s board to fix a broken school culture.

Nearly all of the university’s top administra­tors have left or will soon depart, and a new president, Carol L. Folt, takes over July 1.

Tyndall has not been charged with a crime. He and his attorneys have denied wrongdoing and said he acted within the standards of gynecologi­cal care.

Tyndall started at the clinic straight out of his residency in 1989. By the following year, the complaints had started, the records show.

In a handwritte­n note that September, a clinic staffer related a telephoned complaint from a graduate student who saw Tyndall for the removal of a polyp.

The caller, a former nurse who had previously worked at a women’s health clinic, said Tyndall’s care “was not good” and “if this was her first visit as an 18 y.o., she would never return to see a gynecologi­st.”

In the years that followed, the clinic’s nurses and medical assistants developed suspicions about the gynecologi­st’s methods and motives, the records show.

Tyndall acknowledg­ed in a 1996 memo to his boss that the nursing staff thought he had prurient reasons for photograph­ing patient genitals and delving into their sexual histories.

“But why is your practice so different from that of the other gynecologi­sts,” Tyndall quoted a nursing director as asking.

Told that some patients were refusing further appointmen­ts with him, Tyndall dismissed the reports as “innuendo” based on “nearly unimaginab­le prudery” by colleagues.

After some proposed the creation of a women’s clinic staffed by mainly by female doctors, Tyndall told his boss that barring him from gynecologi­cal patients would be “a breach of contract” and suggested he might sue the university. The all-female clinic was not pursued.

A student unhappy with Tyndall’s medical care in 1997 filled out a comment card saying she would never again visit the physician, calling him “the worst doctor I have ever seen in my life.”

The writer claimed to know of 20 others who felt similarly and wrote, “If you don’t want a huge future lawsuit on your hands, I highly suggest the terminatio­n of this man.”

Dr. Larry Neinstein, the clinic’s executive director, confronted the gynecologi­st that year about three written complaints. In a letter, Tyndall thanked his boss for “bringing this minor problem of practice style to my attention.”

Former colleagues and patients have said publicly that they made written and oral reports about lewd comments and inappropri­ate conduct by Tyndall in the 1990s.

But Shon Morgan, the USC lawyer, wrote in his letter to the judge that based on the university’s review of the internal records, there were no documented complaints of a sexual nature before 2000.

That year, concerns about Tyndall reached an administra­tor outside the student health center.

Elizabeth Davenport, then assistant dean of student affairs, told Neinstein that she had met with a student who appeared deeply troubled by an encounter with the gynecologi­st.

“I’ve been encouragin­g her to tell you what happened with Dr. Tyndall, and I’m really pleased that she’s summoned up the courage to do so,” Davenport wrote in an April 2000 email.

The patient sent a letter to Tyndall objecting to a “degrading and humiliatin­g” anecdote he had shared during a visit to the clinic.

“The story you told me about the rock guitarist from Megadeth and his experience having sexual relations on the street in Chicago with the woman who had to first remove her tampon was disgusting and inappropri­ate,” she wrote.

Tyndall apologized in writing, according to the documents.

Throughout the early 2000s, there were numerous complaints that Tyndall was blocking the nursing staff from observing his pelvic exams.

Several “chaperones,” medical assistants and nurses required to be present for gynecologi­cal visits, told their bosses that Tyndall was placing a curtain or screen between them and the lower bodies of patients.

One 2003 complaint noted that “once again GT is not allowing Mas [medical assistants] to be behind curtain when chaperonin­g MD during pelvic exams.” A year later, a nursing director brought up the curtain issue again to a supervisin­g physician, writing, “I don’t believe this problem has been resolved.”

Supervisor­s ultimately moved the curtain, telling Tyndall it was for “ergonomic” reasons, according to the documents.

The records are rife with complaints about Tyndall’s job performanc­e, separate from sexual misconduct.

He failed to treat a student who tested positive for chlamydia in 2002, and four years later he missed a lice diagnosis, according to the records.

“What ‘profession­al’ at the USC Health Center can’t recognize something as common as lice?” the parents of the student who had lice wrote to administra­tors.

There were also complaints about unsanitary habits — trash and rotten food in his office — and the unexplaine­d hours he spent in his office at night and on weekends.

Seeing three unopened television­s stacked in Tyndall’s office bathroom, Dr. William Leavitt told a colleague, “My guess is that George is running a durable goods business on the side.”

When administra­tors announced that the clinic would be locked even to staff from 11 p.m. to 5 a.m., Tyndall dashed off furious protests.

In 2004, Neinstein told USC’s then vice president for student affairs, Michael Jackson, that he was increasing­ly worried about Tyndall, relating that both he and Leavitt feared for their safety.

“I am concerned that we have an employee who is very disgruntle­d,” Neinstein said.

Neinstein consulted the university’s Office of Equity and Diversity in 2013, according to a summary of the report. He told the office, which handles harassment and discrimina­tion claims, that there were “several difficulti­es” with Tyndall over the years and that recently staffers and a student had claimed Tyndall made “inappropri­ate comments or otherwise made them or others feel uncomforta­ble.” Neinstein died in 2016. The investigat­or assigned to the case did not interview Tyndall but questioned seven clinic colleagues and a student. Some staffers said students found the doctor “creepy,” and one administra­tor said a patient recently complained that Tyndall “would not let her leave her appointmen­t … and that when she told him she needed to leave for another appointmen­t, he asked her, ‘What’s more important than your health?’ ”

Still, the investigat­or decided not to pursue the matter.

“Interviews with these individual­s yielded mixed opinions of Dr. Tyndall but none yielded actionable evidence of any policy violations,” investigat­or Karen Nutter wrote in a three-page memo.

Less than three years later, a nursing supervisor frustrated by what she saw as administra­tors’ inaction sought advice from a rape crisis counselor. That led USC to put Tyndall on immediate leave in 2016, launch an investigat­ion and hire MD-Review, the outside medical consulting firm.

In their 17-page report, the experts concluded that Tyndall’s pelvic exams were inappropri­ate and not within medical standards. They also expressed concern about photograph­s Tyndall had taken of patients’ genitals, noting that he had used a commercial processing lab in upstate New York to develop some images and offered “dubious” explanatio­ns for retaining the pictures.

Not only did Tyndall show a preference for Asian students, but his medical procedures differed for patients perceived as less favorable: “non-Asian, obese, or older” patients were less likely to receive a pelvic exam, the experts found.

In the wake of The Times’ initial reports last year, the Chinese Consulate in L.A. expressed “serious concerns” about Tyndall. USC said at the time it had no evidence he was focused on Asian students.

The firm’s report said Tyndall had potential mental health problems and listed possible signs: his hoarding, poor hygiene and request to personally keep a patient’s used intrauteri­ne device. The experts said such issues were outside the scope of the report but “impossible to ignore.”

In interviews with the experts, Tyndall maintained that he practiced “evidenceba­sed medicine” to explain his view that Kegel exercises were related to orgasms. When pressed for the source of this view, he referred to a Reader’s Digest article from two decades ago.

After the expert report was completed, USC did not notify the state Medical Board of its findings and reached a secret deal with Tyndall that allowed him to resign with a settlement.

The university has agreed to pay $215 million to settle the federal class-action suit, and is encouragin­g some 15,000 patients to participat­e.

“These records should help confirm that the proposed settlement remains the best option for bringing a fair and respectful resolution,” interim President Wanda Austin said.

Some 600 patients are expected to pursue individual claims in state court. Their lawyers have said those cases will bring more transparen­cy and likely higher awards than the $2,500 to $250,000 provided in the proposed class-action settlement.

 ?? Mel Melcon Los Angeles Times ?? EXPERTS said USC’s former gynecologi­st conducted inappropri­ate pelvic exams. He denies wrongdoing.
Mel Melcon Los Angeles Times EXPERTS said USC’s former gynecologi­st conducted inappropri­ate pelvic exams. He denies wrongdoing.

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