You may be part of this class action lawsuit if you purchased Theranos blood testing services, including at a Walgreens store in California or Arizona. The notice explains that the Court has allowed (or “certified”) a class action lawsuit that may affect you. You have legal rights and options you may exercise before the Court holds a trial. The Court has not yet scheduled the trial that will decide whether the allegations against Defendants on your behalf (as a member of a certified class) are proven to be true. The trial is currently expected to occur in 2023. The trial will be held in the United States District Court for the District of Arizona. The lawsuit is known as In re Arizona Theranos, Inc., Litigation, Case No. 2:16‑cv‑2138-DGC.

In a class action, one or more people, called plaintiffs, ask to act as class representatives to sue on behalf of others who have similar claims. All these people together are a class or class members. The individuals or companies the plaintiffs sue are called the defendants. One court resolves the issues for all class members, except those who have excluded themselves from the class (“opted out”).

The Court decided that a single or class trial can be used to determine certain claims in this lawsuit because they meet the requirements of Federal Rule of Civil Procedure 23, which governs class actions in federal courts. The Court has appointed seven named plaintiffs, who were customers of Theranos testing services, to serve as class representatives.

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.

The claims in the lawsuit arise out of Theranos blood testing services offered in Walgreens and Theranos stores. The lawsuit claims, among other things, that these blood testing services were not capable of producing reliable results, that the Defendants concealed the blood testing services’ unreliability, that Walgreens knew that the blood testing services were unreliable and not market-ready, that the Defendants conspired to commit fraud on consumers, that Theranos’s “tiny” blood testing technology (blood drawn with fingerpricks) was still in development, and that the customers who were subject to “tiny” Theranos blood draws by Walgreens employees gave their consent to those blood draws under false pretenses.

The Defendants deny these claims. Walgreens maintains it did not know that Theranos’s blood testing services “were unreliable and not market-ready,” and that it therefore did not conspire to commit fraud on consumers. Walgreens further maintains that it was, in fact, a victim of Theranos’s fraud. Holmes and Balwani, on the other hand, contend that Theranos’s blood testing results were generally accurate and reliable, and that consumers were neither deceived nor injured. Defendants also assert that most class members have already been fully reimbursed for amounts paid for the tests through the Arizona Attorney General Consent Decree or otherwise, so no other recovery is necessary or available to those class members.

Plaintiffs claim that some class members have not been refunded or fully refunded for the tests and that other damages, beyond refunds for the tests, are due to class members.

The Court has certified the following claims to go forward, against the following Defendants, on behalf of the Class and Subclasses (the definitions of the Class and Subclass are listed in FAQ 4).

Plaintiffs seek money damages for these claims, for the Class and Subclasses as described in further detail in the notice (See FAQ 7).

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 need to exclude yourself (“opt out”) from this lawsuit.

More information about the claims in this case can be found in the operative Second Amended Complaint and in other key case documents which may be viewed on the Important Documents page.

No. The Court has not decided whether the Plaintiffs or Defendants are correct. By certifying the Class and Subclasses and authorizing the notice, the Court is not suggesting that the Plaintiffs will win or lose this case.

Plaintiffs in this lawsuit are pursuing money damages for the Class and Subclasses. Specifically, Plaintiffs are seeking the following relief, on behalf of the Class and Subclasses (the definitions of the Class and Subclass are listed in FAQ 4).

Plaintiffs are also asking for the Court to award pre- and post-judgment interest, costs, and attorneys’ fees.

You will not be able to recover any amounts that any of the Defendants have already paid to you, whether through the Arizona Attorney General Consent Decree or otherwise.

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 (“opt out”) of this case. See FAQ 12 for more details.

No money or benefits are available now. The Court has not yet decided whether Defendants did anything wrong or whether the Class and Subclass members are entitled to money or other benefits. There is no guarantee that money or benefits will be obtained. If they are, further notice will be provided about how class members who did not opt out can receive such money or benefits.

Defendant Theranos, Inc. (“Theranos”) has been dissolved and its remaining assets were assigned for distribution to its creditors. Theranos remains a Defendant in this lawsuit, along with the other Defendants Walgreens, Elizabeth Holmes, and Ramesh Balwani.

By doing nothing, you are staying in this lawsuit and will be bound by the outcome of the lawsuit regardless of who wins. If Defendants win, you will be bound by that decision and will not be able to bring an individual action. If Plaintiffs win and are awarded relief, or the parties reach a settlement, you may be entitled to benefits. You will also be legally bound by the orders the Court issues and judgments the Court makes in this class action.

The deadline to request an exclusion from this lawsuit passed on September 12, 2022, 

The deadline to request an exclusion from this lawsuit passed on September 12, 2022. .

No. This lawsuit does not seek damages or other relief for personal injury, emotional distress, retesting costs, or medical care costs. If you wished to pursue any of that relief, you needed to exclude yourself (“opt out”) from this lawsuit.

Yes. The Court appointed two law firms as “Class Counsel” to represent the Class and Subclasses:

If you decide not to exclude yourself, you do not need to hire your own lawyer because Class Counsel is working on your behalf. You have the right to hire your own lawyer and ask him or her to enter an appearance on your behalf. If you choose to hire your own lawyer to represent you, you will have to pay for that lawyer on your own.

If money or benefits are obtained for the Class and/or Subclasses in this case, Class Counsel may ask the Court to award them attorneys’ fees and reimburse them for their expenses in this case. You will not have to pay these fees and expenses out of your pocket. If the Court grants Class Counsel’s request, the fees and expenses would be deducted from any money obtained for the Class and/or Subclasses and/or paid separately by one or more of the Defendants.

The Court has not yet scheduled the trial in this case, but it is expected that the trial will occur in 2023, and will take place in the United States District Court Courthouse, 401 W. Washington, Phoenix, AZ 85003. Once the trial is scheduled, the date and location will be posted on this website.

During the trial, a jury and/or the judge will hear evidence to help them decide whether Plaintiffs or Defendants are right. There is no guarantee Plaintiffs will win, or that they will get any money for all or some members of the Class and/or Subclasses. Following the trial, there may be additional proceedings, including an appeal, and/or you may be asked to provide information to qualify for benefits. We do not know how long this will take. You may register for case updates.

No. You do not need to attend any trial. Class Counsel will present the case for the Plaintiffs and the Class and Subclasses, and lawyers for Defendants will present on their behalf. If there is a trial, you or your own lawyer is welcome to attend at your own expense.

If money or benefits are obtained for the Class and/or Subclasses in this lawsuit, including after trial (and any possible appeal) or through any settlement, further notice will be provided about how class members who did not opt out can receive such money or benefits. We do not know how long this will take. You may register for case updates.

You may view additional information on this website, review key case documents, and register for case updates. You can also get more information by contacting Class Counsel (see FAQ 14), or by contacting the Administrator by phone at 1-866-615-0978, via email at info@TheranosLawsuit.com or by mail at:

In re Arizona Theranos, Inc., Litigation
c/o JND Legal Administration
P.O. Box 91214
Seattle, WA 98111