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California Civil Procedure, Keyed to Levine, 6th Ed.
Los Angeles Gay and Lesbian Center v. Superior Court
Citation:
194 Cal. App. 4th 288, 125 Cal. Rptr. 3d 169 (2011)Facts
The Los Angeles Gay & Lesbian Center provided free testing and treatment for sexually transmitted diseases to the LGBTQ community. Between January 1999 and March 2004, the Center mistakenly administered Bicillin C-R to approximately 663 patients with confirmed or suspected syphilis, when the proper medication was Bicillin L-A. Upon discovering the error in March 2004, the Center coordinated with health authorities to contact affected patients and offer retreatment and retesting. Approximately 442 patients returned for retreatment using a standard protocol regardless of individual circumstances. Four patients filed a class action complaint in March 2005 seeking damages for negligence and breach of implied warranty on behalf of all California residents who received the improper medication and underwent retreatment. The trial court initially denied class certification but was reversed on appeal and directed to certify the class. On remand, the trial court certified an opt-out class and ordered the Center to disclose patient names and contact information to class counsel within fifteen days.
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