PHOENIX (Legal Newsline) — A consumer has filed a class action lawsuit against a California corporation and its CEO for alleged breach of implied warranty, design defect, failure to warn, fraud, negligence, negligent misrepresentation and product liability.
Kimberly Toy filed a complaint on behalf of all herself and others similarly situated June 29 in U.S. District Court of Arizona against Theranos Inc., Walgreens Boots Alliance Inc. and Elizabeth Holmes, alleging that they falsely advertised their products to provide blood test results that are 100 percent accurate.
According to the complaint, the plaintiff alleges that in 2016, she had her blood tested as ordered by her physician and the results were different from the results she got when retested at Sonora Quest Laboratories. The plaintiff holds Theranos Inc., Walgreens Boots Alliance Inc. and Elizabeth Holmes responsible because the defendants allegedly claimed that the results of their blood test are highly accurate but was found that it does not provide accurate results as advertised.
The plaintiff requests a trial by jury and seeks to enjoin the defendant from continuing the unlawful practices, costs, restitution, damages, punitive damages, disgorgement, interest, court costs and any further relief the court grants. She is represented by Robert B. Carey and Leonard W. Aragon of Hagens Berman Sobol Shapiro LLP in Phoenix, Steve Berman of Hagens Berman Sobol Shapiro LLP in Seattle and Stuart M. Paynter of The Paynter Law Firm PLLC.
U.S. District Court of Arizona case number 2:16-cv-02138-GMS