SAN FRANCISCO – An Ohio consumer has filed a class-action lawsuit against a Palo Alto company alleging it falsely advertised the accuracy of its blood tests.
Bobbie Brown filed a complaint on behalf of all others similarly situated on June 21 in the U.S. District Court for the Northern District of California against Theranos Inc. alleging breach of contract, violation of the state's False Advertising Law and other counts.
According to the complaint, the plaintiff alleges that on Oct. 3, 2014, she had her blood tested using one of the defendant's tests as requested by her physician and found out that the test results were inaccurate and unreliable. The plaintiff holds Theranos Inc. responsible because the defendant allegedly claimed that the results of its tests were 100 percent accurate, and claims she would not have purchased the test had she had known it did not give accurate results as described.
The plaintiff requests a trial by jury and seeks monetary, punitive, and actual damages, declaratory and injunctive relief, interest, all legal fees and any other relief as the court deems just. She is represented by Laurence D. King and Linda M. Fong of Kaplan Fox & Kilsheimer LLP in San Francisco and Marc Wites of Wites & Kapetan PA in Lighthouse Point, Florida.
U.S. District Court for the Northern District of California Case number 5:16-cv-03454-NC