Bahamas Surgery Center v. Kimberly Clark Corp.
Bahamas Surgery Center v. Kimberly Clark Corp. (U.S. Court of Appeals, Ninth Circuit, July 23, 2020): The Ninth Circuit overturned a $24 million verdict in a class action suit accusing Kimberly-Clark Corp. of misrepresenting the effectiveness of their hospital gowns for stopping the spread of disease. It specifically determined that the district court was wrong to certify the class. Plaintiff Bahamas Surgery Center did not have any injuries that could be traced to Kimberly-Clark Corp.’s conduct and therefore lacked standing to sue as the Class Representative. The fact that other class members had valid claims does not “retroactively cure” an improper certification of a class. The lower court should have decertified the class because only some members relied on Kimberly-Clark Corp.’s representations about the gowns’ safety ratings. Read the full opinion here.