Issue: Consumer Fraud

Case Update

In October 2016, U.S. District Judge H. Russel Holland consolidated four proposed class action consumer fraud lawsuits against Theranos in Arizona federal court and appointed Lieff Cabraser Heimann & Bernstein LLP as interim co-lead counsel in the coordinated litigation.

Nature of the Theranos Consumer Fraud Case

Lieff Cabraser represents consumers across the United States in a class action fraud lawsuit against Theranos, Inc. and Walgreens regarding alleged misrepresentations the companies made about the accuracy of Theranos’ “Edison” blood tests and related unfair practices.

First offered to consumers in 2013, Theranos and Walgreens advertised the Edison blood tests as being revolutionary—allowing a wide range of vital tests to be accurately performed using a smaller needle and a smaller blood sample size than traditional blood testing devices. According to reports, more than 1 million consumers paid to have their blood tested by Theranos, submitting their blood samples at Theranos facilities and at dedicated Theranos stations set up at Walgreens pharmacy locations in Arizona and California.

In May 2016, after media reports called into question the accuracy of the Edison tests and after federal regulators began investigating Theranos’ testing facilities, Theranos voided all test results for blood tests performed at its Edison facility in 2014 and 2015, and revised the test results for thousands of other blood tests it had conducted. As alleged in the lawsuit, not only did consumers who paid for these blood tests not get what they paid for, but many consumers relied on what turned out to be inaccurate and unreliable test results in obtaining medical treatment that was unnecessary or in not pursuing treatment that was necessary.

The lawsuit seeks damages, including reimbursement of the amounts paid by consumers for the voided tests, as well as an injunction to prevent Theranos and Walgreens from engaging in further misrepresentations and unfair conduct.

If you have purchased a Theranos blood test, either directly from Theranos or at a Walgreens pharmacy location, our consumer fraud attorneys would welcome a chance to speak with you about your experience. In addition to your possible recovery for the fraud, information about your experience will help us hold these companies accountable and prevent further deception. The information you provide will be held in the strictest confidence, and there is no fee or obligation for our review of your case.