What is the test for typicality in medical malpractice cases?

California, United States of America


The following excerpt is from Martinez v. O'Hara, G050710 (Cal. App. 2015):

The court ruled plaintiff's claims were also not typical of the class. "[T]he purpose of the typicality requirement '"is to assure that the interest of the named representative aligns with the interests of the class. [Citation.] '"Typicality refers to the nature of the claim or defense of the class representative, and not to the specific facts from which it arose or the relief sought."' [Citations.] The test of typicality 'is whether other members have the same or similar injury, whether the action is based on conduct which is not unique to the named plaintiffs, and whether other class members have been injured by the same course of conduct.'"'" (Johnson v. GlaxoSmithKline, Inc. (2008) 166 Cal.App.4th 1497, 1509.)

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