SAN FRANCISCO (Legal Newsline) – A California consumer is suing a medical device manufacturer, alleging it defrauded the public by knowingly marketing a blood testing unit that delivered incorrect results.
R.G., using initials to protect his privacy, on behalf of himself and all others similarly situated, filed a class action lawsuit
May 30 in U.S. District Court for the Northern District of California against
Theranos Inc., Walgreens Boots Alliance and 10 unnamed defendants, alleging
unfair business practices, false advertising and fraud.
According to the complaint, Theranos sold the Edison device
to Walgreens in-store clinics, alleging it was able to draw a small amount of
blood from a patient’s finger to test for various conditions. However, the suit says, the Food and Drug Administration found the unit failed quality control
standards and rendered inaccurate results.
The plaintiffs seek a jury trial, reimbursement for tests
using the Edison device, disgorgement of profits from the sale of the device, a
ban on further advertising of the unit and additional damages under consumer
fraud laws. They are represented by attorneys Richard D. McCune, David C. Wright, Elaine S. Kusel, Joseph Sauder, Matthew Schelkopf and Joseph Kinney of McCuneWright LLP in Redlands, California, and Berwyn, Pennsylvania.
U.S. District Court for the Northern District of California Case