Los Angeles Gay and Lesbian Center v. Superior Court

The Center (defendant) mistakenly gave the wrong penicillin dose to about 663 syphilis patients and offered them retesting once it discovered the error; some patients (plaintiffs) sued and sought to certify a class of all affected California residents, and the Center argued privacy concerns required an opt-in rather than opt-out procedure. The trial court certified the class using an opt-out notice and issued a protective order restricting use of the patients' medical information, and the Center appealed.