Recently, the University of Southern California (USC) announced a tentative agreement to settle a federal class-action lawsuit filed by hundreds of women alleging sexual misconduct by the former head gynecologist at the student health center.
Hailed as one of the largest settlements of its kind, this settlement may not heal all wounds, but I certainly hope it will help in the needed recovery and healing for the victims and survivors.
As a lawyer and longtime advocate for women and children, there are several reasons why I consider this settlement agreement to be innovative. First, the agreement covers every one of Tyndall’s USC patients who received women’s health services during a specific period. The women are covered unless they opt out of the settlement. Another interesting aspect is that the settlement is tiered. Individuals can receive $2500, no questions asked. Another tier allows the option to seek an additional payment of $7500 to $20,000 by submitting a written claim. A final tier allows a payment of $7,500 to $250,000 with supporting documentation of Tyndall’s conduct, personal impact, and any resulting injury.
However, I believe, the most important aspect of this agreement is that the settlement attempts to prioritize victims and survivors. With USC’s settlement, victims are afforded privacy and can avoid lengthy and often painful trials. I have grown weary of plaintiff’s lawyers and images of ambulance chasers who prey on victims in the hopes of big payouts. In the process, survivors are lost in the shuffle and are re-victimized again.
This time, no part of the $215 million fund will be payable to the class attorneys, nor will the settlement payout of any individual class member be reduced to pay attorney’s fees. The plaintiff’s attorneys will ask the court to award them fees separate from what is designated for the victims.
It appears that several of the plaintiff’s attorneys are pleased with the results and at least 10 have signed off on the settlement.
However, there are plenty of critics who argue that the case was settled prematurely and that USC should bear more responsibility for how they handled Tyndall.
Could USC have handled the Tyndall scandal better? Probably. Have they taken measures to improve oversight to prevent this from happening again? Yes. Interim President Wanda Austin, a mother, and grandmother is overseeing this process and the extensive changes to policies and procedures being implemented at the student health center and campus-wide.
Annika Martin, an attorney for Tyndall’s patients who helped orchestrate the settlement, said that the deal provided security without bringing potential trauma to victims.
“Whenever you litigate, there’s a risk. And, sure, you could have come up with a verdict of more than $250,000, but you could have come up with a jury verdict of zero,” she said.
I couldn’t agree more. There are always risks with litigation and asking every Tyndall victim to endure more trauma is not ideal. This settlement will provide some, not all, with that necessary security.
Martin, further added, “this settlement sends a powerful message and ensures that these women can get some measure of justice.”
While no amount of money can ease the pain of Tyndall’s alleged misconduct, I am relieved to see a settlement that provides some financial benefit to the victims without lining the pockets of predatory attorneys. This has always been about helping victims and survivors and I hope to see more settlements in the future which maintain this priority.
Cherylyn Harley LeBon is a former Senior Counsel with the U.S. Senate Judiciary Committee.
