Case Status
On March 6, 2020, U.S. District Judge H. Russel Holland granted class certification in favor of an estimated 175,000 residents of Arizona and California against defendants Walgreens Boots Alliance, Inc., Walgreen Arizona Drug Company (collectively, Walgreens), and the leaders of now-defunct Theranos, Inc.: Elizabeth Holmes and Ramesh (Sunny) Balwani (the case has since been re-assigned to Judge David G. Campbell). In July 2022, Plaintiffs issued class notice (https://www.theranoslawsuit.com/) to potential class members.
An attorney representing the class, David Copley, noted at the time of the order that: “This is a milestone for consumers injured by the unreliable testing services offered by Walgreens and the other defendants. This is one of the last significant procedural hurdles before our clients get their day in court. We are proud to serve as Co-Lead Counsel in this important consumer protection litigation.” The Court’s Order granting class certification can be found here.
More recently, after notifying the Court in May 2023 of an agreement in principle, Plaintiffs filed their motion for preliminary approval of settlement on September 6, 2023. A hearing on the motion has been set for September 22, 2023.
Additionally, Defendant Holmes was recently convicted of four federal charges of defrauding Theranos investors and was sentenced to 11 years in prison. Defendant Balwani was also recently convicted of 12 counts of defrauding both Theranos investors and patients. He will serve up to 13 years in prison.
Keller Rohrback L.L.P. and Co-Lead Counsel, Leiff Cabraser Heimann & Bernstein, continue their investigation. If you or a loved one purchased a Theranos blood test, please contact us to learn more about your rights.
Case Overview
In the summer of 2016, Keller Rohrback L.L.P. filed class action complaints in California and Arizona federal courts against Theranos, Inc. and Walgreens Boot Alliance. Theranos claimed to have developed a “tiny blood test,” and it formed a joint venture with Walgreens to market its product and offer it in select Walgreens retail stores. The vaunted technology did not work. Thousands of Theranos test results were either invalidated or called into question. Theranos was investigated by federal and state regulators, it was sued by a major investor, and it was even sued by its former business partner, Walgreens. On October 12, 2016, United States District Judge H. Russel Holland ordered that the Theranos cases filed in Arizona be consolidated into a single action for pretrial purposes. The Court appointed Keller Rohrback and Leiff Cabraser Heimann & Bernstein as Co-Lead Counsel for the putative class action.
Meanwhile, in April 2017, the Arizona Attorney General’s office announced a Consent Decree requiring Theranos to provide restitution to Arizona consumers. The Consent Decree does not deal with private causes of action and does not provide for notice and opt-out rights for consumers. The Consent Decree does not affect any claims under California law. The Consent Decree is good news for Arizona consumers because they will receive some compensation from the Consent Decree and our case—In re Arizona Theranos, Inc. Litigation—will continue to obtain full compensation for all Class Members.
We urge you to visit this website periodically as it will be updated as the litigation progresses.
Background
Theranos and Walgreens advertised that the Theranos test could conduct hundreds of blood tests with just a few drops of blood and produce fast results with the highest level of accuracy. But the Theranos tests did not work, often required more than a finger prick of blood, and produced inaccurate results, placing tens of thousands of customers at risk for inaccurate medical diagnosis and/or testing. Theranos tests were available from Theranos or through Theranos Wellness Centers located inside select Walgreens retail stores in Arizona and California.
In May 2016, Theranos conceded that its Edison technology was faulty and voided the results from blood tests it performed from 2014 and 2015. Theranos issued corrected reports—nullifying some results and revising others—to tens of thousands of patients who may have been given incorrect blood-test results.
Related News Articles
11/8/16 - CNN Money – Walgreens Sues Theranos for Breach of Contract
10/12/16 - Law360 – Theranos, Walgreen Blood-Test Suits Consolidated in Ariz.
9/10/16 - Fortune – Embattled Blood Testing Startup Theranos Sued by Investor
9/19/16 - Law360 – Faulty Blood Test Suits Pile Up Against Theranos, Walgreens
Our Firm
Keller Rohrback, with offices in New York, Seattle, Phoenix, Oakland, Missoula, and Santa Barbara, serves as lead and co-lead counsel in class actions throughout the country. Our Complex Litigation Group is proud to offer its expertise to clients nationwide, and our trial lawyers have obtained judgments and settlements on behalf of clients in excess of seven billion dollars.
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