SAN FRANCISCO – An Arizona individual has filed a class-action lawsuit against a pharmacy chain and a Palo Alto blood test manufacturer over allegations they marketed and sold tests that were not accurate.
R.G. filed a complaint on behalf of all others similarly situated on May 30 in the U.S. District Court for the Northern District of California against the defendants, alleging fraud, negligent misrepresentation and other counts.
According to the complaint, the plaintiff alleges that he purchased a Theranos test at a Walgreen's in September 2015. The plaintiff holds Theranos Inc., Walgreens Boots Alliance Inc. and Does 1 through 10 responsible because the defendants allegedly conceded that their products do not provide a 100 percent accurate result in May, and that he would not have purchased the product had he known this information.
The plaintiff requests a trial by jury and seeks reimbursement of the purchase price for all Theranos tests, disgorgement of all profits and compensation, for the defendants to cease engaging in false advertising, all damages, interest, all legal fees and any other relief as the 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 5:16-cv-02891