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Second class-action lawsuit filed against Theranos

By Shawn Price

PHOENIX, May 31 (UPI) -- A second class-action lawsuit in a week has been filed against blood-testing start up Theranos, as accusations of inaccurate blood tests mount across the country.

The latest lawsuit was filed on Thursday from a man named Casey Jones in Phoenix, alleging false advertising and failing to follow proper lab procedures. The first, from another customer in Northern California, also accusing the company of false advertising.

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According to the Northern California lawsuit, Theranos advertised its finger-prick blood test typically found in Walgreens, was compliant with federal regulations, despite being receiving sanctions from officials.

Two weeks ago, the company said it had voided two years of results from its "Edison" device, but declaring no patients had suffered harm from those inaccurate tests.

It's the latest trouble for Theranos, founded by 19-year-old Elizabeth Holmes in 2003. The Justice Department, the Securities and Exchange Commission, and the Centers for Medicare and Medicaid Services are all investigating the company. The company also was the subject of a damaging Wall Street Journal expose in October.

The Wall Street Journal also reported last week that Walgreens failed to verify if Theranos blood tests actually worked before they partnered with the company in 40 locations across the country.

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"The lawsuit filed today against Theranos is without merit," spokesperson Brooke Buchanan wrote in an email to The Verge. "The company will vigorously defend itself against these claims."

The lawsuit seeks damages of an undisclosed amount for customers, and restitution for attorney's fees. The suit also asks a court to order Theranos to stop "unlawful, deceptive, fraudulent, and unfair business practices."

The second suit is not yet certified and might be combined with the other class-action suit as it proceeds.

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