Theranos Lawsuits Filed Over Inaccurate Test Results
Last Updated on November 14, 2019
Attorneys working with ClassAction.org are no longer investigating this matter. The information here is for reference only. A list of open investigations and lawsuits can be viewed here.
At A Glance
- This Alert Affects
- People who had their blood or urine tested by Theranos at Walgreens.
- Why Was This Alert Posted?
- Theranos and Walgreens are being sued for allegedly promoting inaccurate and unreliable blood tests. Now, attorneys working with ClassAction.org want to speak with people who received notice that their test results were invalid to help strengthen the litigation.
Theranos and Walgreens are facing class action lawsuits alleging that they promoted unreliable and inaccurate blood tests.
What Do the Lawsuits Say Theranos and Walgreens Did Wrong?
The main thrust of this suit is that Theranos allegedly performed inaccurate blood tests – and that Walgreens did nothing to stop them, despite several warning signs.
In 2013, Theranos partnered with Walgreens and began advertising its “Edison” blood testing device as an offering at the stores’ wellness centers. The device was supposed to be revolutionary. It could run a myriad of tests with a single sample – a few drops of blood collected by a mere pinprick to the fingertip – and deliver results right to a patient’s smartphone in a matter of minutes. In 2015, however, public reports indicated that the majority of Theranos’ tests weren’t performed on the Edison device. Theranos instead, the reports claim, outsourced the tests to third-party labs or ran the samples on conventional lab equipment.
Then, in early 2016, Theranos was slammed with a 121-page report detailing violations of federal regulations in the company’s Newark, Calif. lab. The report found:
- Theranos’ lab staff was unqualified and inadequately trained
- Freezers were kept at the wrong temperatures
- The lab would fail even its own quality control checks
- The staff failed to calibrate the machines properly – or at all
The report said one of the violations posed an immediate risk of serious injury or death. Because of the investigation, the company is now at risk of losing its license to handle human samples, as well as its CEO for two years.
The suit also points out the Walgreens failed to take the appropriate steps to protect its customers from the harm inaccurate blood tests can cause. For instance, the suit claims:
- Walgreens never examined Theranos’ labs.
- Walgreens never asked for proof that backs up Theranos’ claims about its “cutting-edge” technology.
- Walgreens didn’t have Theranos’ prototype sent out for testing. Instead, the company tried to verify the test’s accuracy itself.
- Walgreens refused to break its contract with Theranos even when Safeway pulled out of its deal with the company. Safeway found that the results of blood tests performed by Theranos differed significantly from samples that were tested elsewhere. In fact, one study found that Theranos’ tests were 60% more likely to report levels outside the “normal” range when compared to results produced by LabCorp. or Quest on the same samples.
It has been reported that Walgreens never took any action against Theranos in fear they would be sued for breach of contract. Instead, the suit claims, Walgreens refused to suspend Theranos testing at its wellness centers, failed to alert patients to the risks of having their blood or urine tested by Theranos, and continued to profit at the expense of patients.
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