How much you get from the settlement will depend on whether you filed a claim and, if you did, what type of claim you filed. The details of the claim options are as follows:
Tier 1 – Every Settlement Class Member is eligible for a Tier 1 Award payment of $2,500.
Settlement Class Members who could be pre-identified through UCLA’s records were assigned a unique Claimant ID number. If you received a notice with a Claimant ID number on the upper right-hand corner of each page, your membership in the Class is established. UCLA’s records cover the period from 2006 to June 28, 2018 at UCLA Medical Center; July 22, 2004 to January 21, 2010 at UCLA’s student health center; and February 1, 2014 to June 28, 2018 at Dr. Heaps’s medical offices at 100 UCLA Medical Plaza.
If you have not been pre-identified but believe you are a Class Member, you must have submitted a Statement of Class Membership attesting to facts showing that you are a member of the Class by June 7, 2021.
Each Settlement Class Member who could be identified through UCLA’s records, or who submitted a valid Statement of Class Membership, was mailed a Tier 1 Settlement check. This Tier 1 payment was mailed even if you also submitted a Tier 2 or Tier 3 Claim Form.
A Settlement Class Member who accepted a Tier 1 Award remained eligible to make a Tier 2 or Tier 3 Claim, as described below. The Tier 1 Award was counted against any further awards, but under no circumstances was a Settlement Class Member required to return a Tier 1 Award.
Tier 2 – Each Settlement Class Member also had the option to submit an online or written Tier 2 Claim Form describing your experience with Dr. Heaps, the impact on you, and the emotional distress and/or bodily injury you suffered.
Submitting a Tier 2 Claim was optional and if you qualified as a Settlement Class Member, you were sent the Tier 1 Award even if you did not submit a Tier 2 Claim.
Each Tier 2 Claim was reviewed by an impartial three-person panel that included a court-appointed Special Master, a forensic psychologist/psychiatrist, and an OB/GYN.
If you submitted a Tier 2 Claim, the panel could ask you additional questions, to be answered in writing. If that happened, you could decline to answer, although doing so could affect your eligibility for a Tier 2 Award.
If the panel determined that your Tier 2 Claim is credible, and that the conduct by Dr. Heaps fell outside the scope of accepted medical standards of care applicable during the relevant time, or was otherwise actionable, you were awarded an additional payment of $10,000 (for a total Tier 2 Award payment of $12,500), subject to pro rata adjustment as detailed below. If the panel determined you are not entitled to a Tier 2 Award, you still received the Tier 1 Award.
Tier 3 – Tier 3 Claims are for Settlement Class Members who wished to provide further evidence of conduct or statement(s) by Dr. Heaps and their impact.
In addition to a Claim Form describing your experience, the impact on you, and/or the emotional distress and/or bodily injury you suffered, you could submit additional evidence of impact or damages, including, for example, evidence of medical expenses or previous formal or informal complaints. You were also interviewed by a member of the Special Master’s team about your experience and its impact on you. The interviewer then provided an assessment to the panel. The interviewer was a neutral, trained specialist. The purpose of the interview was to collect information about your claim—the interview was not a cross-examination.
Submitting a Tier 3 Claim was optional and if you qualified as a Settlement Class Member, you were sent the Tier 1 Award even if you did not submit a Tier 3 Claim.
Based on all information provided, the panel determined whether each Tier 3 Claim was credible and awarded a total Tier 3 Award payment between $12,500 and $250,000, subject to pro rata adjustment as detailed below. The panel determined Tier 3 claim eligibility and awards by assessing whether the conduct described fell outside the scope of accepted medical standards of care applicable during the relevant time, or was otherwise actionable, and based on an assessment of the emotional distress and/or bodily injury to you.
In addition, $5 million of the Settlement Fund was set aside for Supplemental Awards to Tier 3 claimants. The panel had discretion to make a Supplemental Award in extraordinary cases when it determined that more money was necessary to adequately compensate a claimant who was otherwise eligible to receive the maximum Tier 3 Award. The panel could decide on a Supplemental Award of any amount for an individual eligible to receive a maximum Tier 3 Award, as long as the total amount of all Supplemental Awards did not exceed $5 million.
If the Special Master determined that you were not entitled to a Tier 3 Award, you were still sent the Tier 1 Award if you were confirmed to be a Settlement Class Member.
Pro Rata Adjustments
If the total of all Tier 1, 2 and 3 Awards was less than the Settlement Amount of $73 million, Tier 2 and Tier 3 Awards were increased pro rata (by the same percentage) until the Settlement Amount was reached or all Tier 2 and 3 Awards were increased by 50%, whichever comes first. If all Tier 2 and Tier 3 Awards were increased by 50% and the Settlement Fund was not exhausted, the balance was distributed equally among all Settlement Class Members, unless doing so would result in distributions of less than $100 per claimant, in which case the remaining balance was applied to increase the distributions to Tier 2 and Tier 3 Claimants.
If the total payments for all Tier 1, 2 and 3 Awards exceeded the Settlement Amount of $73 million, all Tier 2 and 3 Awards was decreased pro rata (by the same percentage) until the Settlement Amount was reached. Tier 1 Awards were not reduced.
Liens
The amount of money you received also depended on any legally enforceable liens on the Claim Award. The amount paid to resolve any liens for Settlement Class Members was paid out of such Settlement Class Member’s Claim Award.