A.B., C.D., E.F., G.H., I.J., K.L., M.N., on behalf of themselves and all others similarly situated v. The Regents of the University of California, James Mason Heaps
Published: Dec. 11, 2020 | Result Date: Nov. 16, 2020 |Case number: 2:20-cv-09555-RGK-E Settlement – $73,000,000
Judge
Court
CD CA
Attorneys
Plaintiff
Daniel C. Girard
(Girard Sharp LLP)
Jordan S. Elias
(Girard Sharp LLP)
Trevor T. Tan
(Girard Sharp LLP)
Makenna F. Cox
(Girard Sharp LLP)
Eric H. Gibbs
(Gibbs Law Group LLP)
Amy Marie Zeman
(Gibbs Law Group LLP)
Amanda M. Karl
(Gibbs Law Group LLP)
Elizabeth A. Kramer
(Erickson, Kramer & Osborne LLP)
Defendant
Jesse A. Cripps Jr.
(Gibson, Dunn & Crutcher LLP)
for Regents
Debra Wong Yang
(Gibson, Dunn & Crutcher LLP)
for Regents
Jeremy D. Smith
(Krane & Smith)
for Heaps
Facts
Dr. James Heaps was an obstetrician and gynecologist formerly affiliated with University of California Los Angeles Medical. In June 2019, Dr. Heaps was arrested and charged with multiple counts of sexual battery. Seven former patients of Dr. Heaps then filed a class action lawsuit against him and the Regents of the University of California.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff A.B. alleged that Dr. Heaps fondled and cupped her breasts during a breast exam and used an ultrasound probe to penetrate her vagina even though she was only scheduled for a pap smear. Plaintiff C.D. alleged that during her pap smear, Dr. Heaps touched her legs, thighs and genital area without gloves in a sexual manner. Plaintiff E.F. alleged that Dr. Heaps cupped her breasts during a regular visit. After the arrest of Dr. Heaps, multiple women came forward alleging that Dr. Heaps made inappropriate sexual comments towards his patients, removed patient's hospital gowns in a sensual manner, digitally penetrated patients' vagina without gloves and without their consent. Plaintiffs contended that defendant the Regents of the University of California failed to prevent Dr. Heaps from sexually exploiting over 5,000 patients Dr. Heaps saw from 1983 through 2018.
DEFENDANTS' CONTENTIONS: Defendants denied the contentions.
Result
Defendants agreed to settle the case for $73 million. Tier 1 class members are eligible for an initial $2,500 Tier 1 award. Additional Tier 2, and Tier 3 awards are available to class members who come forward to describe their experience that could range from $12,500 to $250,000. Awards can exceed $250,000 in certain cases. Separate from the $73 million settlement, plaintiff's counsel will be awarded an amount that will not exceed $8,760,000 for attorney's fees and costs.
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