The plaintiff brought a motion to certify a class action against the defendants, who operated an endoscopy clinic where an infection control lapse occurred.
The proposed class included patients who underwent procedures between 2002 and 2011.
Despite extensive public notification by public health authorities, the plaintiff could only identify one other potential class member, whose medical issues lacked expert evidence linking them to the clinic.
The court dismissed the certification motion, finding that the plaintiff failed to establish some basis in fact for the existence of an identifiable class of two or more persons.
