Important Update:  The Settlement received final approval from the Court on February 26, 2020. You may review the Final Approval Order and Judgment here. 

Tier 2 and Tier 3 Claim Award Determinations were mailed on March 31, 2021.

You may review Plaintiffs’ Notice of Motion and Motion for Attorney Fees and Expenses and for Service Awards here.

 

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• A Settlement has been reached with the University of Southern California and its Board of Trustees and with Dr. George M. Tyndall, M.D. in a class action lawsuit. Plaintiffs allege in the lawsuit that Dr. Tyndall assaulted, abused, sexually harassed, committed medical malpractice, or otherwise acted inappropriately towards female patients while he was a gynecologist at the USC Student Health Center, and that USC failed to respond appropriately to Dr. Tyndall's conduct.

 

• The Settlement provides a $215 million Settlement Fund for Class Members.

• Class Members are guaranteed a minimum $2,500 Tier 1 payment simply by virtue of being confirmed Class Members.
• Class Members can further seek a Tier 2 payment, from $7,500 to $20,000 (subject to Pro Rata Adjustment);
• or seek a Tier 3 payment, an award in a range of $7,500 to $250,000 (subject to Pro Rata Adjustment).

 

• Statement of Settlement Class Membership and Tier 2 and 3 Claim Forms must have been received online or postmarked by mail no later than November 8, 2019.
   
• The Settlement requires USC to implement institutional changes, like an independent women’s health advocate on campus, stringent background checks, training, and monitoring of health center employees, and procedures at the university for preventing and reporting potential abuse or harassment, among other measures. Click here for the current status of the institutional changes.
   
• The deadline to object to the Settlement was October 9, 2019 and the deadline to exclude yourself from the Settlement was November 7, 2019.

 

Am I a Class Member?

You are a Class Member if you were seen for treatment by Dr. Tyndall at the University of Southern California Student Health Center during the period from August 14, 1989 to June 21, 2016:

(a) for Women’s Health Issues, (“Women’s Health Issues” includes but is not limited to any issue relating to breast, vaginal, urinary tract, bowel, gynecological, or sexual health, including contraception and fertility. A list of Women’s Health Issues is available on this website by clicking here.)

or

(b) whose treatment by Dr. Tyndall included an examination by him of her breast or genital areas,

or

(c) whose treatment included the taking of photographs or videotapes of her unclothed or partially clothed body.

 

Protecting Your Privacy

Your identity and all information you provide in making your claim will be kept strictly confidential in accordance with the Second Amended Settlement Agreement. Everyone you interact with when making your claim – either online or on the phone – is specially trained to be sensitive to the needs of survivors, and to ensure you have a safe, private, and compassionate place to tell your story.

 

Class Member Award Tiers

Recognizing the traumatic nature of the conduct at the heart of this case, the Settlement was designed to compensate Class Members for the harms they endured, while allowing individuals to select an award tier and participation level based on their willingness to discuss their experiences of abuse.

Tier 1 (Guaranteed Minimum $2,500 Payment)

Every Class Member will be issued an initial, minimum $2,500 payment, simply by virtue of being a confirmed Class Member, in addition to being eligible for Tier 2 or Tier 3 payments. Those who can be pre-identified through USC's existing health center records will be automatically issued a Tier 1 payment of $2,500 once the Settlement is effective. Those Class Members who could not be identified through USC's records must have submitted a signed Statement of Settlement Class Membership Form no later than November 8, 2019 to be issued a $2,500 payment.

Tier 2 – for those who only feel comfortable sharing their story in writing.

Class Members had the option to submit a written Claim Form by November 8, 2019 describing their experience with Dr. Tyndall, the impact to them, and the harm they suffered. Class Members willing to provide a written account of their experiences are eligible for a Tier 2 payments between $7,500 and $20,000 (if the Panel determines a claimant is entitled to an enhanced damages award), subject to Pro Rata Adjustment. Claim Forms were reviewed by a three-member claims Panel, made up of a Court-appointed Special Master, an OB/GYN, and a forensic psychiatrist selected by the Parties in consultation with the Special Master.

Tier 3 – for those who feel comfortable being interviewed by specially trained, compassionate specialists, in addition to submitting a written claim.

Class Members who were willing to provide information about their experience and its impact in the form of an interview with the team for the three-member claims Panel, in addition to submitting the written Claim Form by November 8, 2019, are eligible for Tier 3 payments between $7,500 and $250,000 (if the Panel determines a claimant is entitled to an enhanced damages award), subject to Pro Rata Adjustment. Claim Forms were reviewed by the three-member claims Panel.

 

ACTION	EXPLANATION	DUE DATE
DO NOTHING	If you are a Pre-Identified member of the Settlement Class and you did nothing, you will be included in the Settlement and will receive a $2,500 Tier 1 payment if the Settlement becomes effective. You will also give up the right to sue the Defendants about the claims in this case. If you are a potential member of the Settlement Class and you did nothing, you will not receive any payment and you will give up the right to sue the Defendants about the claims in this Litigation. In order to receive the guaranteed minimum $2,500 Tier 1 payment under the Settlement, you must have completed a Statement of Settlement Class Membership Form by November 8, 2019. See FAQ No. 18.
SUBMIT A CLAIM FORM	Class Members also had the option to submit a Tier 2 or Tier 3 claim describing their experience as a patient of Dr. Tyndall. Depending on the information they provide and whether they are willing to be interviewed, they could receive as much as $250,000. For more information about submitting a claim, see FAQ No. 7. Class Members who submit a claim give up their rights to sue the Defendants about the claims in this Litigation.	November 8, 2019 (Postmarked or Received Online) (Passed)
EXCLUDE YOURSELF	If you are a Class Member and excluded yourself, you will not be included in the Settlement. You will receive no Settlement benefits and you will keep any rights you currently have to sue the Defendants about the claims in this case.  See FAQ No. 52.	November 7, 2019 (Postmarked) (Passed)
OBJECT	If you are a Class Member who did not exclude yourself and disagreed with the Settlement, you had the option to write to the Court to explain your objection.  See FAQ No. 50.	October 9, 2019 (Filed or Postmarked) (Passed)
GO TO A HEARING	Class Members also had the option to request to speak in court about the fairness of the Settlement. See FAQ No. 43.	January 6, 2020 (Approved)