IF YOU PURCHASED THERANOS BLOOD TESTING SERVICES, INCLUDING AT A WALGREENS STORE, A CLASS ACTION LAWSUIT MAY AFFECT YOUR RIGHTS. PLEASE READ ON.
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What is this lawsuit about?
In re Arizona Theranos, Inc., Litigation is a lawsuit against Defendants Theranos, Inc., Walgreens Boots Alliance, Inc. and Walgreen Arizona Drug Company (together called “Walgreens”), Elizabeth Holmes, and Ramesh Balwani.
The Plaintiffs are all individuals who purchased Theranos blood testing services and allege that the Theranos blood testing services were not market-ready and not capable of producing reliable results, and that Defendants concealed these facts. Plaintiffs also claim that Theranos’s “tiny” blood technology (blood drawn by fingerpricks) was still in development and that Walgreens committed battery on customers whose blood was drawn by Walgreens employees with fingerpricks because those customers consented under false pretenses. The Defendants deny these allegations. The Court has not decided whether the Defendants have done anything wrong. That will not happen until the trial.
The Plaintiffs seek monetary relief, including refunds for the Theranos testing services (subject to any refunds Defendants have already paid you), punitive damages for fraud, and (against Walgreens only) damages for the dignitary harm incurred by the customers whose blood was drawn by Walgreens employees with fingerpricks.
Important Note: This lawsuit does not seek damages or other relief for personal injury, emotional distress, retesting costs, or medical care costs. If you wish to pursue any of that relief, you would need to exclude yourself from this case (“opt out”) and proceed with separate litigation on your own behalf.
Who is included?
The Court has certified a Class and three Subclasses. If you received the notice directly by mail or email, Theranos’s records indicate that you may be in the Class and/or one or more of the Subclasses. You are in the Class and/or the Subclasses if you fit within the definition(s) below:
Class: All purchasers of Theranos testing services, including consumers who paid out-of-pocket, through health insurance, or through any other source between November 2013 and June 2016.
Arizona Subclass: All purchasers of Theranos testing services in Arizona between November 2013 and June 2016.
California Subclass: All purchasers of Theranos testing services in California between September 2013 and June 2016.
Walgreens Edison Subclass: All purchasers of Theranos testing services who were subjected to “tiny” blood draws (fingerpricks) by a Walgreens employee between November 2013 and March 2015.
The Court also previously certified a fourth subclass to pursue battery claims against Theranos, Inc., called the “Theranos Edison Subclass,” but that subclass has been “decertified” by the Court. See Important Documents for more details.