Consumers Hit Theranos with Class-Action Lawsuit over Voided Blood-Test Results

05/26/2016

Lawsuit states Theranos negligently maintained labs and put consumers in “immediate jeopardy”

SAN FRANCISCO – Consumers today filed a national class-action lawsuit against Theranos Inc. after investigations and studies indicated that Theranos’ proprietary technology was inaccurate, culminating in the company recently voiding tens of thousands of blood tests of customers seen at Theranos facilities in California and Phoenix Walgreens locations, according to consumer-rights law firm Hagens Berman.

If you received a Theranos blood test at Walgreens, your test results may have been inaccurate, and you may be entitled to a free accurate replacement test or a refund. Find out your rights.

The complaint filed May 25, 2016, in the U.S. District Court for the Northern District of California, states that Theranos was notified of proposed sanctions and was found to be out of compliance on five Clinical Laboratory Improvement Amendments Condition-level requirements. In a January 25, 2016, letter, CMS outlined all deficiencies and notified Theranos of the seriousness of the deficiencies and found “immediate jeopardy” to patient safety and health. CMS demanded immediate action. Private tests then revealed that Theranos’ blood tests often failed to meet the lab’s own standards. A hormone test run on Theranos’ proprietary machines failed 87 percent of quality control checks, and overall, Theranos’ tests were 60 percent more likely to be inaccurate.

“Theranos promised patients the highest levels of quality and accuracy, but in its haste to enter the retail market, it let quality slip to a dangerously low level and left customers to base their medical decisions on uncertain results,” said Steve Berman, managing partner of Hagens Berman.

Theranos partnered with Walgreens for its first retail endeavor, which started in September 2013, and eventually operated approximately 56 centers in Arizona and California. Walgreens even helped fund Theranos with a $50 million financing arrangement, according to the lawsuit. Theranos raised hundreds of millions of dollars on promotional efforts surrounding its retail blood tests that proved to be highly inaccurate or nonexistent, according to the suit.

Theranos’ labs failed to meet state and federal standards and many consumers received conventional venous blood draws, despite the company’s promise of cutting-edge methods and simple fingerprick blood tests, according to the lawsuit.

“Customers were promised minimally invasive technology, only to have many arrive and get the standard needle Theranos used to scare them into its clinics in the first place,” Berman added. “Consumers in no way received what they were promised. Besides the sloppy lab procedures documented by the federal government, in most cases Theranos didn’t even have self-proclaimed ‘revolutionary’ methods it promoted.”

If you received a Theranos blood test at any Walgreens pharmacy, contact Hagens Berman now to find out more about your rights to a free and accurate replacement test.

Learn more about the lawsuit against Theranos for inaccurate blood-test results.

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About Hagens Berman
Hagens Berman Sobol Shapiro LLP is a consumer-rights class-action law firm with offices in 10 cities. The firm has been named to the National Law Journal’s Plaintiffs’ Hot List eight times. More about the law firm and its successes can be found at www.hbsslaw.com. Follow the firm for updates and news at @ClassActionLaw.

Media Contact
Ashley Klann
ashleyk@hbsslaw.com
206-268-9363


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