University of California agrees to $73MILLION settlement over UCLA Health gynecologist accused of sexually abusing patients for more than three decades
The prestigious University of California system has reached a proposed $73 million settlement with seven women who accused a former gynecologist of sexual abuse.
As part of the class-action lawsuit, more than 6,600 patients of Dr. James Heaps could receive part of the settlement - even if they have not accused the former University of California, Los Angeles, gynecologist of abuse.
A federal judge must approve the deal between the seven plaintiffs, representing thousands of Heaps' patients, and the University of California regents and the doctor. The proposed agreement, which includes several mandated reforms at UCLA, was filed Monday in federal court.
Patients have accused Heaps of sexual assault and sexual misconduct between 1983 and 2018, when he worked at the UCLA student health center and UCLA Medical Center.
Accusations include making sexually inappropriate comments to patients, touching women sexually during exams without wearing gloves and simulating intercourse, often roughly, with an ultrasound probe.
The University of California system has agreed to a $73million settlement over the sexual abuse accusations involving Dr. James Heaps (pictured), a former gynecologist at UCLA Health
A student walks toward Royce Hall on the campus of University of California at Los Angeles (UCLA) in Los Angeles, California on March 11,
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, where they said UCLA needed to be held accountable for Heaps actions.
Vasquez, a former a medical assistant at UCLA Health, says she underwent an invasive examination with Heaps in January 2017. Vasquez said she told a supervisor about the incident, but an investigation didn't launch until December 2017.
'He was introducing the ultrasound and he was simulating as he was having sexual intercourse with me,' she told Today Show.
'And I said, "this is not OK, this is not right." I immediately went to my supervisor, and I reported this to her, and nothing was done.'
Carter told Today Show that she visited Heaps office two days before his office closed down.
'I was allowed to walk into the room after sitting in a waiting room full of other women waiting to see him,' said Carter. 'I walked in, got undressed. He sexually assaulted me again.'
Pictured (left to righ): Gaby Vasquez, Ellen Cater and Julie Orsatti speaking about their experiences with Dr. Heaps on the Today Show
Orsatti claimed she saw Heaps every few months from 2017 to 2018.
'He had his hands all over my body,' she told Today Show. 'Using his entire hand and palm of his hand all over, lingering for too long and looking and telling me that my breasts were beautiful.'
The settlement is separate from criminal charges against Heaps, 63, which included two counts of sexual exploitation of a patient, seven counts of sexual penetration of a person unconscious of the nature of the act by fraudulent representation and eight counts of sexual battery by fraud.
He's has pleaded not guilty to all 17 charges involving seven women and denied wrongdoing. Heaps medical license has been suspended by court order and he is due back in state court on December 7.
Some of his former patients have come to his defense, saying he never acted improperly during their medical appointments.
The proposed settlement is the latest agreement to give payouts to thousands of patients of male doctors who are accused of sexual assault and sexual misconduct.
A federal judge approved a $215 million settlement for 18,000 women who were patients of a former gynecologist, Dr. George Tyndall, at the University of Southern California, a private university also in Los Angeles.
Heaps' attorney did not immediately return a request for comment.
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 Monday in a statement. 'We thank the individuals who came forward and hope that this settlement - which is still subject to court approval - is one small step forward for the patients involved.'
More than 200 women contacted UCLA after Heaps was arrested in June 2019 to report their experiences with the doctor, according to the settlement.
More than 200 women contacted UCLA after Heaps (pictured) was arrested in June 2019 to report their experiences with the doctor, according to the settlement
UCLA has identified about 5,000 patients who were previously under Heaps´ care and estimate that an additional 1,600 women were treated by him but that their records no longer exist at the university. They are all covered under the settlement.
The agreement does not require Heaps to admit wrongdoing or contribute toward the $73 million, though he signed off on the settlement.
UCLA said it will implement a new process for investigating allegations of sexual assault, harassment and misconduct, as well as institute a formal chaperone policy.
Other reforms stipulated in the settlement include training on boundaries, advertising of patient reporting options, compliance monitoring and investigations into potential misconduct allegations as medical staff are credentialed.
The patients´ payouts begin at a guaranteed minimum of $2,500, regardless of whether the women accused Heaps of harassment or assault.
'In our view, these women were still put in harm´s way and deserve compensation on those grounds,' said Elizabeth Kramer, one of several attorneys representing the victims. 'We don´t have a way of knowing every single woman who would allege sexual misconduct by Dr. Heaps.'
One of the lawsuit´s plaintiffs, known as E.F. in the lawsuit, had been seeing Heaps regularly for several years when she said his conduct changed and he touched her breasts sexually and made inappropriate comments in a 2014 appointment.
During a 2016 visit to his office, she said Heaps touched her sexually during a pelvic exam. She shifted her body and looked at him in disgust, court documents say, and he smirked and left the room.
UCLA gynecologist James Heaps, center, and his wife, Deborah Heaps, arrive at Los Angeles Superior Court after he was accused of sexual abuse
Dr. James Heaps (center) has pleaded not guilty to all 17 charges filed against him and will begin trial on December 7
'I knew in my gut that something was wrong,' she told The Associated Press, which does not identify victims of sexual assault. 'I was completely violated. It was that simple.'
E.F., now 49, did not report her allegations to UCLA or law enforcement. She decided to come forward as a plaintiff in the lawsuit to set an example for her teenage daughters and be a part of pushing UCLA to enact reforms.
When it is time for her daughters to visit gynecologists, 'I want to know that they´re safe,' she said.
Patients can seek amounts of $250,000, or higher in certain cases. A panel of experts will decide how much each patient is paid based on her experience.
The $73 million does not include attorneys´ fees or litigation expenses. UCLA will pay those separately.
More than 100 of Heaps´ former patients have filed individual lawsuits. University of California regents have settled at least two, while others are ongoing.
Last month, 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.
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