Can a plaintiff in a medical malpractice class action represent the class if they disagree with the course of the action?
MultiRegion, United States of America
The following excerpt is from Powers v. Eichen, 229 F.3d 1249 (9th Cir. 2000):
First, such individuals cannot represent the class absent the procedures provided for in Rule 23 of the Federal Rules of Civil Procedure. Second, class members who disagree with the course of a class action have available adequate procedures through which their individual interests can be protected. Third, class actions could become unmanageable and non-productive if each member could individually decide to appeal.
Guthrie v. Evans , 815 F.2d 626, 628 (11th Cir. 1987)(emphasis omitted).
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