Alere Nears Victory in Suit Over Testing Kits

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By Bruce Kaufman

Sept. 14 — Medical device maker Alere is a step closer to victory in a putative class action alleging its INRatio blood testing products provide misleading results ( Andren v. Alere, Inc. , 2016 BL 298513, S.D. Cal., No. 16-cv-1255, 9/13/16 ).

Plaintiffs Dina Andren and Sidney Bludman contend that false results from the electronic home testing devices induced them to alter their pharmaceutical regimens, which contributed to their transient ischemic attacks or mini-strokes.

But the claims hit a major roadblock Sept. 13 when the Southern District of California largely dismissed the suit because of conclusory allegations and pleading deficiencies.

Inadequate Proof of Harm, Duty

The complaint made numerous allegations as to material misrepresentations in Alere Inc.'s marketing, advertising, promotional and packaging materials but didn’t specifically allege when and where Andren and Bludman saw the misrepresentations, the court said.

The claims also failed to allege Alere had a duty to disclose based on “exclusive knowledge of a material fact” or engaged in “active concealment.”

Judge Gonzalo P. Curiel dismissed the existing claims but granted the plaintiffs 20 days to file an amended complaint addressing the deficiencies.

Baron & Budd represented the plaintiffs.

Sedgwick represented Alere and related defendants.

To contact the reporter on this story: Bruce Kaufman in Washington at

To contact the editor responsible for this story: Nicholas Datlowe at

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