Alere Inc. is seeking dismissal of a class action lawsuit alleging that it misled consumers by knowingly selling inaccurate home blood coagulation tests.
What’s the Problem?
March 21, 2017 – Plaintiffs in the class action claim that the Alere INRatio System, which consists of INRatio Monitors, INRatio 2 Monitors and INRatio Test Strips, often provided “significantly inaccurate results” and exposed users to risks caused by inaccurate warfarin dosing.
According to the lawsuit, from 2013 to 2014 Alere received over 18,000 complaints regarding its INRatio PT/INR monitoring system, including reports of severe injury and even death.
Alere in Dec. 2014 issued a Safety Alert stating that patients with certain medical conditions should not use its PT/INR monitoring systems, but allegedly failed to take necessary measures to warn all consumers, according to the class action petition.
In January, Alere filed a motion to dismiss the lawsuit, arguing that the plaintiffs, who live in Arizona and Virginia, can’t file their claims in Massachusetts federal court because they have no connection to the state. The company also argued that the plaintiffs’ other “one size fits all” state law claims were inadequate to make a case for Alere’s liability.
Plaintiffs attorneys filed a motion in response 9 days later, arguing that it’s too early for a dismissal on choice of law and maintaining that the proposed class easily clears the “low hurdle” that makes the lawsuit possible to proceed as a class action.
The proposed litigation is: J.E. et al v. Alere Inc. et al, Case No. 1:16-cv11515, US District Court, District of Massachusetts.