Invitae Unlawfully Shared Patients’ Genetic Information with Labcorp, Class Action Lawsuit Claims

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Invitae Corporation faces a proposed class action lawsuit that alleges the genetic testing company illegally disclosed the private genetic information of tens of thousands of people without written consent amid the company’s bankruptcy-sparked acquisition by Labcorp.

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The 12-page privacy lawsuit asserts that Invitae, a once-leading genetic testing company that collected and maintained extensive amounts of patient data, unlawfully disclosed protected genetic information to Laboratory Corporation of America Holdings after Invitae filed for Chapter 11 bankruptcy protection on February 13, 2024.

After Invitae filed for bankruptcy, the filing says, the company announced in April of that year that it would be acquired by Labcorp for $239 million. By August 5, 2024, Labcorp reported that the acquisition was complete, per the complaint.

Following its acquisition of Invitae, Labcorp reported that it was integrating genetic test results from Invitae’s patients for use in clinical trials and treatment development, the lawsuit says. The case charges that Invitae did not acquire patients’ written consent before transmitting their genetic information to Labcorp, in violation of the Illinois Genetic Information Privacy Act.

The class action lawsuit says that the minor plaintiff and his mother provided his genetic testing samples to Invitae to sequence and share with his clinical team, with the reasonable belief that his highly sensitive and “immutable” genetic data would be kept confidential, private and secure. Moreover, they believed that the only people with access to the minor’s information would be himself, his mother, and his medical treatment team—not third parties like Labcorp, the filing says.

Had the plaintiff and his mother been aware that sensitive genetic information would be transmitted to a third party without consent, they would not have agreed to provide genetic samples to Invitae, the case states.

The Invitae class action lawsuit looks to cover all Illinois residents whose genetic information was disclosed and/or released by Invitae to Labcorp, according to Invitae’s records.

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