Why a Class Action Lawsuit is not in the Best Interest of Survivors

Sexual assault cases involve highly sensitive personal issues that are unique to each client. Handling these cases requires firms with attorneys and staff who are experienced with trauma survivors and who are trained to take a trauma informed approach to each individual case.

In individual cases, the client is informed at each stage and her attorneys are able to make decisions as to how the case proceeds that are tailored to each client's individual needs and goals. These individual cases are also not just about money, they are about the bigger problem with sexual assault and about holding people and institutions accountable as well as obtaining a sense of justice. This can be accomplished by requiring the defendants to agree to non-monetary conditions that will protect women going forward.

In this case, we will require Brigham to identify their faults and to implement comprehensive changes to protect all patients from predators like Dr. Todd.

In a class action, the class members have a very minor role in the case and are not involved in any of the decisions as to how a case proceeds. Class members also have no input on settlements. They are only involved in the very last stage of the case.

The case is all about a global settlement amount and not about justice and change. The attorneys are working for a global attorney fee and not for individual plaintiffs. In addition, individual settlements in class action are usually much lower than the recovery in individual actions.

Class action settlement negotiations are conducted in secret without input from individual plaintiffs. This takes the power away from individual claimants and protects the predator and the institution from public accountability.

Class actions treat class members the same in a one-size fits all paradigm. The individual merits and damages of a survivor's own case are not considered by the court.

In the case against USC gynecologist George Tyndall, members of that class action received about $11,000 each. The 710 plaintiffs who opted out of the class action received about $1.2 million each.

Class actions also take the voice away from individual plaintiffs. Individual class members will never have the opportunity to have their voices heard.