SAN JOSE – A Maricopa County, Arizona woman has filed a class-action suit against a Palo Alto-based company and a pharmacy chain alleging it sold blood tests that were not 100 percent accurate as advertised.
Plaintiff L.M. filed a complaint on behalf of all others similarly situated on June 24 in the U.S. District Court for the Northern District of California, San Jose Division against Theranos Inc., and Walgreens Boot Alliance Inc.
alleging negligent misrepresentation, unjust enrichment and other counts.
According to the complaint, the plaintiff alleges that in Oct. 5, 2015, she was misled into buying a Theranos blood test kit at Walgreens believing it to be 100 percent accurate but found out that results were incorrect, which resulted in her having treatment she didn't need. The plaintiff holds Theranos Inc. and Walgreens Boot Alliance Inc. responsible because the defendants allegedly misrepresented the product.
The plaintiff requests a trial by jury and seeks enjoin the defendant from continuing the allegedly unlawful practice, restitution, damages, punitive damages, disgorgement, interest, all legal fees and any other relief the court deems just. She is represented by Jeff Lewis and Jacob Richards of Keller Rohback LLP in Oakland; T. David Copley of Keller Rohback, LLP in Seattle, Washington; and Mark D. Samson and Christopher Graver of Keller Rohback LLP in Phoenix.
U.S. District Court for the Northern District of California, San Jose Division Case number 5:16-cv-03571