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Thursday, March 28, 2024

Stem cell institute responds to cancer patient's lawsuit

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SAN DIEGO (Legal Newsline) – A cancer patient who complained she was misled into thinking stem cell therapy would work failed to present any evidence in her lawsuit, says the Global Institute of Stem Cell Therapy and Research.

The institute, also known as Giostar, filed a motion to dismiss the San Diego federal court lawsuit of Christina Mendez on Aug. 31. Giostar adopted a popular defense in fraud claims – that the plaintiff failed to meet the heightened pleading standards associated with them.

“(The lawsuit) lacks specific facts regarding when the alleged reliance on the Giostar Website content took place, what specific incorrect content was allegedly relied upon, where Ms. Mendez was when she allegedly relied upon the incorrect content, with whom she discussed this content, when she decided to get the stem cell treatment, how she decided to get the stem cell treatment, and whether it was in consultation with her physician in Columbia,” the motion says.

Mendez says she was 29 when diagnosed with Stage II Hodgkin lymphoma and was symptom-free for a year when she sought treatment by the defendant.

She was given stem cell therapy without first undergoing chemotherapy or radiation, and the institute failed to match the cells injected into her body with her own cells, causing rejection, the lawsuit says.

After spending tens of thousands of dollars, her cancer went from Stage II to State IV and her liver began to fail, the lawsuit says. She was told she had a year to live, at the most.

Surgery, transfusions and eight months of chemo sent her into remission, she says.

The complaint takes issue with a quote by Mahatma Gandhi on the institute’s home page.

“In a twisted juxtaposition, Defendants have used Gandhi – a cultural and religious icon – and a quote about truth-saying, to peddle their misrepresentations and lies,” the complaint says.

“While Gandhi sought truth and change through nonviolent means, the false statements and material omissions made by Defendants have dire and sometimes fatal consequences.”

The lawsuit alleges the institute misrepresents that its stem cell treatment can treat and cure “blood-related diseases” like sickle cell anemia, leukemia, lymphoma and thalassemia.

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