The plaintiff sought to certify a class action against an endoscopy clinic and its operator following a public health notice regarding infection control lapses.
The notice advised former patients to be tested for blood-borne diseases.
The plaintiff, who tested negative, sought compensation for exposure to enhanced risk of infection, shock, trauma, and inconvenience.
The court found that the claims raised genuine common issues, including duty of care, standard of care, and foreseeability of harm.
The court also determined that a class proceeding was the preferable procedure for resolving the claims of the 6,800 affected individuals.
The certification motion was granted.
