context: Even in a light favorable to the Plaintiffs, so varied are the facts surrounding each individual's exposure, so varied are the individual reactions of persons exposed to malathion in this fashion, and so uncertain are the long term health consequences of this type exposure, only something in the nature of a general clinic (in the nature of the Defendants' feared HMO) would suffice to meet all the individualized assessment needs of the putative class members. Such a program would in actuality be more akin to a study than to a monitoring program, and this appears entirely unsupported in the law as a separate cause of action. In any event, while Plaintiffs may claim certain common issues of fact, the individualized considerations of this claim work to defeat a finding of commonality sufficient to support class certification.
citation_a.signal: see also
citation_a.identifier: 965 F.Supp. 598, 598
citation_a.parenthetical: although all plaintiffs were exposed to lead emission, finding no commonality because whether and to what extent emissions affected each class member is not common, and any common claims changed by individual facts and situation of each plaintiff
citation_a.sentence: See Barnes, 161 F.3d at 145-46 (finding that individualized issues of causation, addiction, the affirmative defenses of comparative and contributory negligence and the need for medical monitoring presented too many individual issues to permit class certification and medical monitoring relief); see also Guillory v. Am. Tobacco Co., No. 97 C. 8641, 2001 WL 290603, at *6 (N.D.Ill. Mar.20, 2001); Reilly, 965 F.Supp. at 598 (although all plaintiffs were exposed to lead emission, finding no commonality because whether and to what extent emissions affected each class member is not common, and any common claims changed by individual facts and situation of each plaintiff).
citation_b.signal: see
citation_b.identifier: 161 F.3d 145, 145-46
citation_b.parenthetical: finding that individualized issues of causation, addiction, the affirmative defenses of comparative and contributory negligence and the need for medical monitoring presented too many individual issues to permit class certification and medical monitoring relief
citation_b.sentence: See Barnes, 161 F.3d at 145-46 (finding that individualized issues of causation, addiction, the affirmative defenses of comparative and contributory negligence and the need for medical monitoring presented too many individual issues to permit class certification and medical monitoring relief); see also Guillory v. Am. Tobacco Co., No. 97 C. 8641, 2001 WL 290603, at *6 (N.D.Ill. Mar.20, 2001); Reilly, 965 F.Supp. at 598 (although all plaintiffs were exposed to lead emission, finding no commonality because whether and to what extent emissions affected each class member is not common, and any common claims changed by individual facts and situation of each plaintiff).