If you purchased Theranos blood testing services, including at a Walgreens store, a class action lawsuit may affect your rights

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Jul 14, 2022, 09:24 ET

SEATTLE, July 14, 2022 /PRNewswire/ -- JND Legal Administration announces a class action lawsuit in the U.S. District Court for the District of Arizona against Defendants Theranos, Inc., Walgreens Boots Alliance, Inc. and Walgreen Arizona Drug Company (together called "Walgreens"), Elizabeth Holmes, and Ramesh Balwani (collectively, "Defendants"). The lawsuit is called In re Arizona Theranos, Inc., Litigation, Case No. 2:16-cv-2138-DGC.

This notice does not imply that there has been any violation of law or wrongdoing by Defendants or that there will be recovery after trial. Defendants contend that they did not do anything wrong, and they are not liable for any harm alleged by the Plaintiffs. There is no money available now, and there is no guarantee that there will be. Even if money does become available, you will not be allowed to recover for any amounts that Defendants have already paid you. However, your legal rights may be affected, and you may have a choice to make now.

What is this lawsuit about? 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 test 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, and 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 not decided whether the Defendants have done anything wrong. That will not happen until the trial. The Court appointed two law firms―Lieff Cabraser Heimann & Bernstein LLP and Keller Rohrback LLP―as "Class Counsel" to represent the Class and Subclasses.

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 at www.TheranosLawsuit.com.

Am I part of the Class? The Court has certified a Class and three 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 collateral 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.

What are my options? If you are a class member, you have the option to do nothing or exclude yourself.

Do Nothing: If you do nothing, you remain a member of the Class and/or Subclasses, and are therefore bound by the outcome of the lawsuit regardless of who wins.

If Defendants are found liable, you may get money or benefits that may come from the lawsuit.

If Defendants are not found liable, you will receive no benefits, you give up any right to sue Defendants on your own about the same legal claims in this lawsuit, and will be bound by the result of this lawsuit.

Exclude Yourself ("Opt Out"): If you ask to be excluded from this lawsuit, and money or benefits are later awarded, you will not share in the money or benefits. If you ask to be excluded from this lawsuit, you will keep your right to hire your own lawyer to sue Defendants on your own about the same legal claims in this lawsuit.

If you ask to be excluded, you will not be bound by the results of any trial of the Class Action, and also not entitled to any damages (money or benefits), if any, that are later awarded. The deadline to request exclusion is SEPTEMBER 12, 2022.

For details about your rights and options and how to exclude yourself, go to www.TheranosLawsuit.com.

When is the trial? 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 www.TheranosLawsuit.com. 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.

How do I get more information? For additional information, to review key case documents, and to register for case updates, visit www.TheranosLawsuit.com. You can also get more information by calling the Administrator toll-free at 1-866-615-0978, contacting Class Counsel (for their contact information visit www.TheranosLawsuit.com), or writing the Administrator via email at [email protected] or by mail at: In re Arizona Theranos, Inc., Litigation, c/o JND Legal Administration, P.O. Box 91214, Seattle, WA 98111.

PLEASE DO NOT CONTACT THE COURT REGARDING THIS NOTICE.

SOURCE JND Legal Administration