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).
Claims |
Defendants |
Class/Subclass |
Racketeer Influenced and Corrupt
Organizations Act |
Theranos, Walgreens, Holmes, Balwani |
Class |
Arizona Consumer Fraud Act |
Theranos, Walgreens, Holmes, Balwani |
Arizona Subclass |
California Unfair Competition Law and
False Advertising Law |
Theranos, Walgreens, Holmes, Balwani |
California Subclass |
Battery and Medical Battery |
Walgreens |
Walgreens Edison Subclass |
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.