First California State Class Action Lawsuits Filed Against University of Southern California For Failing To Protect Students From Sexual Abuse By USC Gynecologist
May 28, 2018 07:34 AM EDT
Janet, Janet and Suggs, LLC managing partner Howard A. Janet, one of the lawyers who spearheaded the $190,000,000 settlement of the class action against The Johns Hopkins Hospital on behalf of approximately 8,000 women who alleged they were sexually abused and illicitly photographed by OB/GYN Dr. Nikita Levy, and founding and managing partner Mike Arias of Arias Sanguinetti Wang & Torrijos, LLP have filed a class action against the University of Southern California. The lawsuits are the first class actions to be filed in California state court on behalf of thousands of female students who were allegedly sexually abused and illicitly photographed by a USC OB/GYN.
"The conduct alleged to have been committed by USC OB/GYN Dr. George Tyndall is eerily similar to that of Dr. Levy. As with the Hopkins case, this case centers on allegations of grossly improper pelvic exams that involved improper probing, at times without gloves, sexually charged remarks and illicit photographing of genitalia," said Mr. Janet. "It appears that Dr. Tyndall, like Dr. Levy at Hopkins, violated the sacred trust between physicians and patients - specifically the trust between male OB/GYNs and patients - in a methodical and disturbing fashion by preying on young, unsuspecting women."
Dr. Tyndall practiced at USC's Engemann Student Health Center from 1987 until he was suspended in 2016. He claimed in a recent article to have provided care to "thousands and thousands of Trojan women" during his time at USC.
The lawsuits allege that USC received repeated complaints from students and co-workers, but failed to take appropriate steps to investigate those complaints. Finally, in 2016, USC hired an outside firm to investigate Dr. Tyndall's conduct, according to media reports. The firm, MDReview, is the nation's only physician-led peer review medical consulting firm. The investigation found that Dr. Tyndall "exhibited unprofessional and inappropriate behavior" and that his pelvic exams were outside "current standards of care."
"Shockingly, it appears USC agreed to enter a 'no finding' conclusion related to the investigation, characterize Tyndall's departure as a resignation, and actually provide him severance pay despite the findings from MDReview's investigation," said Mr. Janet. USC, in a recent press statement, took the position that it should have reported Dr. Tyndall to the Medical Board of California eight months earlier than it did. Mr. Janet said, "Given the multitude of complaints lodged to the University during much of Dr. Tyndall's tenure, there is a reasonable basis to conclude that USC should have reported him years, if not decades, earlier."
The lead plaintiffs for the classes are not identified because of the sensitive nature of the lawsuits. The lead plaintiff in each class is referred to as Jane Doe. "USC students treated by Dr. Tyndall had every right to expect that the University had thoroughly vetted him so as to be confident that he'd be practicing ethically and not violate the trust placed in him by students," said Mike Arias. "It is simply unfathomable that a world-renowned institution like USC would ignore repeated red flags reported to them and allow this man to remain in a position where he could continue his abuse of students."
The lawsuits also allege that many of the women targeted by Dr. Tyndall were of Chinese or other Asian descent. Also participating in the representation from ASWT is partner Arnold C. Wang, who was born in Taiwan, Republic of Chinaand is fluent in Mandarin, along with Kate Harvey-Lee, a Senior Trial Lawyer at ASWT with extensive experience in complex litigation and class action matters.
For additional information or to join the class, please visit the case information page at www.jjsjustice.com/lp/dr-george-tyndall-case. Those interested may also contact JJS toll-free at 1-877-692-3862 or Mike Arias and ASWT at 1-855-481-1020.
ABOUT ARIAS SANGUINETTI WANG & TORRIJOS, LLP (http://aswtlawyers.com/)
Mr. Arias currently serves as President of the Consumer Attorneys of Los Angeles and is President-Elect of the Consumer Attorneys of California. His firm has handled hundreds of class action cases across the country, represented millions of class participants and recovered hundreds of millions in damages. In fact, ASWT is one of the few law firms that has actually tried numerous class action cases. Taking such cases to trial is not a common occurrence with most class action attorneys. The firm does not take on a class action unless it is prepared to take it to trial. Arias, Sanguinetti, Wang & Torrijos, LLP has the manpower and resources necessary to confront the most complex legal challenges of class action litigation. Knowing that the firm will take such cases to trial is often the most effective way to obtain fair compensation and to ensure that the wrongful conduct of the defendant does not continue.
ABOUT JANET, JANET & SUGGS, LCC (www.jjsjustice.com)
JJS represents plaintiffs in complex, high stakes litigation in the areas of medical malpractice, sexual abuse, fraudulent business practices, pharmaceutical and medical device product liability, qui tam litigation, Federal Tort Claims Act and environmental litigation. The firm has successfully litigated against some the nation's largest and most prestigious organizations, including the Johns Hopkins Hospital, Penn State University, DuPont, Dow Corning, Baxter Healthcare, Bayer, Wyeth and the Mayo Clinic, among others.
The firm's practice is national in scope. Whether working solely or hand-in-hand with other law firms, JJS has won verdicts and negotiated settlements exceeding $1 billion. Unlike many firms, the attorneys at Janet, Janet & Suggs, LLC actually try cases - and have notched record-setting verdicts across the country. This provides JJS the leverage necessary to negotiate record-setting settlements. JJS's extraordinary in-house medical experts, including a board-certified OB/GYN, RN and former medical corpsman, give the firm an edge in high-stakes cases involving medical malpractice and misconduct by OB/GYNs, as well as enable them to uncover errors other firms may have missed.
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