The plaintiff sought certification of a class action and partial summary judgment against an anesthesiologist and a pain clinic following an outbreak of staphylococcus aureus infections among patients who received epidural injections.
The court certified the action as a class proceeding, finding the criteria under the Class Proceedings Act were met.
The court also granted partial summary judgment, finding that the physician breached his duty of care regarding infection prevention and control practices, which established general causation for the class and specific causation for patients whose infections were genetically linked to the physician.