Dist.Ct. abused its discretion in certifying two classes composed of prisoners alleging that defendants-prison medical personnel were deliberately indifferent to their hepatitis C conditions by using protocols that essentially delayed treatment for their conditions, and in granting preliminary injunctive relief that directed defendant to begin HCV therapy for class members having fibroscan greater than two and APRI greater than .7 unless treatment was contraindicated. Certification of two classes was improper, where: (1) there was no identity of class representative for either class or evidence that any potential class representative had received treatment under protocols that resulted in sustained viral response; and (2) because there no identified class representative, there was no way to compare any representative's claims with claims of proposed unnamed class members. Also, Dist. Ct. erred in entering preliminary injunction, where Dist. Ct. found only that substantial risk of liver damage “could,” as opposed to "was likely,” to arise out of treatment under defendant’s existing protocols.
