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Federal judge approves $73million settlement in class action lawsuit from 6,000 women who say they were sexually abused by UCLA gynecologist over 35 years

A federal judge on Monday gave final approval to a $73million settlement of a class-action lawsuit that alleged some 6,000 female patients were sexually abused by a former UCLA gynecologist.

The 2019 suit involved allegations that from 1983 to 2018, Dr. James Heaps groped women, simulated intercourse with an ultrasound probe or made inappropriate comments during examinations at the UCLA student health center, Ronald Reagan UCLA Medical Center or his on-campus office.

The explosive complaint also accused UCLA of failing to take action against Heaps despite complaints and of having a 'policy of indifference' to reports of sexual misconduct.

More than 100 of Heaps’ former patients had made allegations or filed individual lawsuits, but the class-action suit includes all potential victims. Each will receive between $2,500 and $250,000, with the higher amounts involving the extent of bodily injury and emotional distress as decided by a panel of experts.

A federal judge has signed off on a $73million settlement of a lawsuit that alleged some 6,000 women were sexually abused by former UCLA gynecologist Dr James Heaps, pictured in court in June 2021 

The University of California system in November agreed to the settlement, under which each patient will receive between $2,500 and $250,000

The University of California system in November agreed to the settlement, under which each patient will receive between $2,500 and $250,000 

UCLA didn’t acknowledge wrongdoing in reaching the settlement last year, but the university did agree to change its procedures for preventing, identifying, investigating and dealing with sexual misconduct. That included requiring a trained chaperone to be present during intimate physical examinations of patients age 8 or older unless they opt out.

'While we can’t comment on the specifics of today’s legal action, we can say unequivocally that sexual misconduct or abuse is inexcusable. We remain committed to providing quality care that respects the dignity of every patient,' said a statement from UCLA Health.

The university has said its investigation into Heaps began in December 2017. He retired in 2018 when the university declined to renew his contract.

Heaps was arraigned in June on 21 criminal charges of sexual abuse offenses involving seven women

Heaps was arraigned in June on 21 criminal charges of sexual abuse offenses involving seven women

Heaps, 64, also faces 21 criminal charges of sexual abuse offenses involving seven women, including one patient who was unconscious. 

He was arraigned in June on counts of sexual battery by fraud, sexual exploitation of a patient and sexual penetration of an unconscious person by fraudulent representation between 2009 and 2018. If convicted on all charges, Heaps faces more than 60 years in prison.

He has previously denied the charges and any wrongdoing.

'Dr. Heaps is confident he will be exonerated at trial,' his attorney, Leonard Levine, told The Los Angeles Times. 

Heaps was first arrested in June 2019, prompting some 300 women to come forward and accuse him of sexual misconduct, claiming he touched them without gloves on during breast and pelvic exams, made lewd comments and simulated sexual intercourse, often roughly, with a transvaginal ultrasound wand.

Gabriela Vasquez, Ellen Cater and Julie Orsatti were three victims who publicly spoke out against Heaps in 2019.

The three women appeared on The Today Show in 2019, where they said UCLA needed to be held accountable for Heaps' actions. 

Three of Heaps' accusers, (left to right), Gaby Vasquez, Ellen Cater and Julie Orsatti, spoke out about their experiences with him on the Today Show in 2019

Three of Heaps' accusers, (left to right), Gaby Vasquez, Ellen Cater and Julie Orsatti, spoke out about their experiences with him on the Today Show in 2019

Vasquez, a former medical assistant at UCLA, spoke about her experience with Heaps in January 2017.

'He was introducing the ultrasound and was simulating as he was having sexual intercourse with me,' she recalled. 'And I said, "This is not OK, this is not right."

She said she immediately called her supervisor to report the incident, but nothing was done until December 2017, nearly one year later.

Julie Orsatti also claimed she saw Heaps every few months between 2017 and 2018.

'He had his hands all over my body,' she said. 'Using his entire hand and palm of his hand all over, lingering for too long and telling me that my breasts were beautiful.'

And Ellen Carter said she visited Heaps' office just two days before his office was closed down, recounting: 'I walked in, got undressed, he sexually assaulted me.'

Heaps' medical license has since been suspended by court order.

The University of California system in November agreed to the $73million settlement, under which more than 6,600 patients of Heaps could receive a payout, even if they have not accused him of abuse.

Heaps was not required to admit any wrongdoing, or contribute anything to the settlement, but he did sign off on its terms.  

In this June 26, 2019, file photo, Heaps, center, his wife Deborah, left, and defense attorney Tracy Green leave Los Angeles Superior Court

In this June 26, 2019, file photo, Heaps, center, his wife Deborah, left, and defense attorney Tracy Green leave Los Angeles Superior Court

The patients´ payouts begin at a guaranteed minimum of $2,500, regardless of whether the women accused Heaps of harassment or assault. 

More than 100 of Heaps' former patients have filed individual lawsuits. Last year, Gov. Gavin Newsom approved a measure allowing a one-year window - all of 2021 - for victims to file legal claims against Heaps and UCLA that could otherwise have been too late under an existing statute of limitations. 

UCLA has said its investigation into the gynecologist began in December 2017, though officials did not alert the campus community of the allegations until Heaps was in court last year. He retired in 2018 when UCLA declined to renew his contract.

'The incidents described in the lawsuit reflect alleged conduct that is contrary to our values,' UCLA Health said in a statement last November. 

In March, UCLA’s cross-town rival, the University of Southern California, agreed to an $852million settlement with more than 700 women who accused its longtime campus gynecologist of sexual abuse.

That agreement is believed to be a record amount for such a case. It dwarfs the $500million that Michigan State University agreed to pay in 2018 to settle claims against sports doctor Larry Nassar.

When combined with a $215million settlement of a separate class-action suit, USC agreed to pay out over $1billion for claims against 74-year-old Dr. George Tyndall, who worked at the school for nearly 30 years.

Tyndall faces 35 criminal counts of sexual misconduct between 2009 and 2016. He has pleaded not guilty.

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