SAN FRANCISCO – An individual has filed a class-action lawsuit against a Palo Alto blood test manufacturer alleging that it manufactured testing devices that do not give accurate results.
M.P.B. filed a complaint on behalf of all others similarly situated on May 25 in the U.S. District Court for the Northern District of California against
Theranos Inc. and Does 1 through 10, citing alleged fraud, negligent misrepresentation, unfair competition and other counts.
According to the complaint, the defendant informed regulators on May 19 that its Edison machines used to test blood samples were not accurate. The plaintiff holds Theranos Inc. and Does 1 through 10 responsible because the defendants allegedly misled customers into buying its product claiming that its product can provide 100 percent accurate results, and that he would not have purchased the product had he known it did not work as advertised.
The plaintiff requests a trial by jury and seeks to enjoin the defendant, reimburse to the class members all purchase prices of the product, disgorge all profits improperly obtained by the defendant, all damages, interest, all legal fees and any other relief as this court deems just. He is represented by Richard D. McCune, David C. Wright and Elaine S. Kusel of McCuneWright LLP in Redlands and Joseph G. Sauder, Matthew D. Schelkopf and Joseph B. Kenney of McCuneWright LLP in Berwyn, Pennsylvania.
U.S. District Court for the Northern District of California Case number 3:16-cv-02810-JSC