Walgreens Named in Latest Theranos Blood Test Class Action

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Another class action lawsuit alleges that Theranos, maker of the Edison device, made false claims that its blood tests worked and were certified by federal agencies such as the FDA.

This class action also sued Walgreens for not doing its due diligence before allowing Theranos to run blood testing at multiple Walgreens stores.

The Walgreens and Theranos fraudulent blood test class action lawsuit states that Theranos supposedly made a device that could run blood tests with just a small amount of blood taken from a pinprick on a finger, which, if true, would have revolutionized the industry.

Walgreens entered into a business deal with Theranos, and they started advertising the Edison “tiny blood test” in “Wellness Centers” inside Walgreens stores in Arizona and California. However, according to the complaint, “the Edison machines did not work, and Theranos’ tests were not accurate.”

The class action alleges that on May 19, 2016, Theranos “conceded that it had informed regulators that it had voided ‘all’ of the Company’s blood-testing results from its proprietary Edison machines, as well as many tests run on traditional machines from 2014 and 2015.”

Based on this admission, the complaint argues that Theranos falsely advertised its new blood testing device as accurate and properly certified.

The fraudulent blood test class action lawsuit claims that Walgreens Boots Alliance Inc., owner of the Walgreens chain of drug stores, is also responsible for the unfair and deceptive trade practices of the faulty Theranos Edison blood tests.

The complaint details the negotiations between Walgreens and Theranos, and asserts that Walgreens never conducted proper tests of the Edison device.

The class action states that Walgreens representatives asked for an Edison device to test, but only received a prototype that they could not use to verify with traditional blood testing. Similarly, Walgreens personnel were supposed to conduct a full review of Theranos blood test labs, but were denied permission.

Despite these failures, Walgreens invested more than $50 million in Theranos and contracted to put Theranos “wellness centers” in more than 8,000 Walgreens stores, according to the class action lawsuit.

Plaintiff R.G. states that he purchased a Theranos blood test in a Walgreens store in Arizona, and would not have done so if he had known the truth about the faulty Edison device blood testing at Theranos facilties.

This action joins at least two other class actions against Theranos previously reported by TopClassActions.com in the short time since that disclosure.

The first plaintiff to sue Theranos is represented by the same attorneys and alleges much of the same conduct as this action.  The plaintiff contends that Theranos started using its Edison device without FDA approval.

The second plaintiff alleges that he also went to a Theranos wellness center for the Edison blood test, but instead received a standard blood test with a “standard needle Theranos used to scare them into its clinics in the first place.”

The Walgreens and Theranos class action seeks to represent a Class of all persons in the U.S. who paid for Theranos lab panels and blood testing services. The complaint requests restitution for all those deceived by Theranos and Walgreens, as well as punitive damages and a court order stopping the false advertising.

R.G. is represented by Richard D. McCune, David C. Wright, Elaine S. Kusel, Joseph G. Sauder, Matthew D. Schelkopf, and Joseph B. Kenney of McCune Wright LLP.

The Walgreens and Theranos Fraudulent Blood Test Class Action Lawsuit is R.G. v. Theranos, Inc., et al., Case No. 5:16-cv-02891, in the U.S. District Court for the Northern District of California.