Court grants preliminary approval of $215 million Tyndall settlement

A federal judge granted preliminary approval of the proposed $215 million class-action settlement between USC and alleged victims of former gynecologist George Tyndall Thursday.

“This settlement gives every single woman who saw Tyndall a choice in how they want to participate and hold USC accountable, while also forcing the school to change to ensure this doesn’t happen again,” said the plaintiffs’ class counsel in a statement to the Daily Trojan. “The Judge’s order is an important step toward providing each survivor the relief and measure of closure she deserves, and we look forward to obtaining final approval.”

U.S. District Court Judge Stephen Wilson originally denied preliminary approval of the settlement in April, citing a lack of information and further amendments. The settlement provides tiered compensation to nearly 17,000 former patients.

The court called for additional stipulations regarding widespread institutional reforms, such as appointing women’s health advocates, improving methods of reporting misconduct and increasing scrutiny of healthcare professionals, following the original proposed settlement. 

Additionally, it requested that USC submit all documentation about Tyndall’s tenure before moving forward with the settlement, the Daily Trojan previously reported. Two weeks ago, the University made public a 600-page report detailing decades of complaints against the former gynecologist and USC’s handling of his misconduct.

In a memo, Interim President Wanda Austin said the preliminary approval allows the settlement administrator to notify plaintiffs about their compensation, which ranges from $2,500 to $250,000.

“This is a very important step forward in healing our community,” Austin wrote. “It is an important milestone for those former patients seeking certain resolution without reliving their painful experiences.”

Austin added the University has been leading efforts to strengthen oversight at the Engemann Student Health Center by improving reporting protocol and hiring an all-women team of board-certified physicians. 

 “We believe that these meaningful and important changes go a long way toward strengthening our University,” Austin said. 

Gloria Allred, who represents 62 plaintiffs in the class-action, does not agree with the settlement.

“Awarding victims $2,500 to no more than $250,000, in my opinion, is inadequate compensation for the emotional distress that the victims suffered,” Allred wrote in a statement to the Daily Trojan. “I believe that most of more than 700 individual victims who have already filed suit in state court, including my 62 clients, will opt out of the class settlement if the settlement is approved by Judge Wilson.”

 Plaintiffs have the option to object or opt out of the settlement within 90 days following the notice date, according to court documents. 

A final approval hearing is scheduled on Jan. 6, 2020, when the court will reexamine whether the settlement terms are fair and reasonable.

The court called for additional stipulations regarding widespread institutional reforms, such as appointing women’s health advocates, improving methods of reporting misconduct and increasing scrutiny of healthcare professionals, following the original proposed settlement.

Additionally, it requested that USC submit all documentation about Tyndall’s tenure before moving forward with the settlement, the Daily Trojan previously reported. Two weeks ago, the University made public a 600-page report detailing decades of complaints against the former gynecologist and USC’s handling of his misconduct.

In a memo to the USC community, Interim President Wanda Austin said the preliminary approval allows the settlement administrator to notify plaintiffs about their compensation, which ranges from $2,500 to $250,000.

“This is a very important step forward in healing our community,” Austin said in the statement. “It is an important milestone for those former patients seeking certain resolution without reliving their painful experiences.”

Austin added the University has been leading efforts to strengthen oversight at the Engemann Student Health Center by improving reporting protocol and hiring an all-women team of board-certified physicians.

“We believe that these meaningful and important changes go a long way toward strengthening our University,” Austin said.

Gloria Allred, who represents 62 plaintiffs in the class-action, said she is against the settlement.

“Awarding victims $2,500 to no more than $250,000, in my opinion, is inadequate compensation for the emotional distress that the victims suffered,” Allred said in a statement to the Daily Trojan. “I believe that most of more than 700 individual victims who have already filed suit in state court, including my 62 clients, will opt out of the class settlement if the settlement is approved by Judge Wilson.”

Plaintiffs have the option to object or opt out of the settlement within 90 days following the notice date, according to court documents.

A final approval hearing is scheduled on Jan. 6, 2020, when the court will reexamine if the settlement terms are fair and reasonable.

This article was updated on June 18, 2019 at 2 p.m.