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Class Action
: The UCL PractitionerNew class certification decision: Bomersheim v. Los Angeles Gay and Lesbian Center
By Kimberly A. Kralowec
In Bomersheim v. Los Angeles Gay and Lesbian Center, ___ Cal.App.4th ___ (May 26, 2010), the Court of Appeal (Second Appellate District, Division One) reversed an order denying class certification of a negligence claim against a medical clinic that gave a group of patients the wrong treatment.
The opinion has an interesting discussion of classwide "causation":
Slip op. at 12-13. The causation discussion cites Occidental Land, Vasquez, and Massachusetts Mutual.An inference of causation arises when a material event impacts an individual whose subsequent actions constitute a reasonable response. In the class context, where individuals are uniformly subjected to a material stimulus and thereafter uniformly act in a manner consistent with a reasonable response, a classwide inference is raised that the stimulus caused the response.
Here, putative class members all came to the Center seeking treatment for syphilis, a potentially life-threatening disease. They were given the wrong medication. After being informed that the treatment may have been ineffective, they sought retreatment. A reasonable inference as to the entire class is that the initial mistreatment caused members to seek retreatment. Causation can therefore be presumed on common proof.
Full post as published by The UCL Practitioner on May 27, 2010 (boomark / email).
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