Constable Law, along with co-counsel Justice Law Collaborative and Berger Montague, filed class action lawsuits against multiple genetic testing companies for misleading consumers about the benefits and capabilities of the genetic test preimplantation genetic testing for aneuploidy, or PGT-A.
The lawsuits include Weinberg, et al. v. CooperGenomics, Inc., et al. (filed in the District of New Jersey); Donamaria v. Reproductive Genetic Innovations, LLC. (filed in the Northern District of Illinois); Cruz, et al. v. Progenesis, Inc. (filed in the Southern District of California); and Petersen, et al. v. Natera, Inc. (filed in the Northern District of California). In addition, the plaintiffs’ law firms have been retained and expect to file similar lawsuits against other genetic testing industry participants including Ovation Fertility and Igenomix.
The lawsuits allege consumer fraud, breach of warranty, and related claims arising out of the defendants’ advertising and sale of PGT-A, a test which typically costs thousands of dollars not covered by insurance. Consumers are told, the complaints allege, that PGT-A increases the success of IVF and the chance of a healthy IVF pregnancy, decreases the chance of miscarriage, and reduces the time to pregnancy by screening the chromosomal makeup of fertilized human embryos for abnormalities. However, scientific studies have shown that PGT-A is inaccurate and unproven. Despite a lack of credible and reliable data proving the test’s capabilities and benefits, the use of PGT-A has increased significantly, generating hundreds of millions in revenue for genetic testing companies.
The plaintiffs seek to recover their out-of-pocket costs spent on PGT-A as well as statutory and other damages resulting from the defendants’ allegedly false and misleading promotion of PGT-A.
The news release may be read here.
