Plaintiffs Shane Stevens and Reliant Immune Diagnostics Inc. filed a complaint against Anhui DeepBlue Medical Technology Co., a Chinese corporation, alleging the defendant breached their contact, engaged in unfair and deceptive business practices, failed to remedy a manufacturing defect, breached their implied warranty of fitness for a purpose and implied warranty of merchantability, and engaged in fraud.
In 2020, the plaintiffs entered into an agreement with a wholesale distributor to purchase a hundred thousand COVID-19 antibody test kits from the defendant. According to the complaint, upon receipt of the purchased goods, the plaintiffs discovered that the tests were defective. The complaint alleges that the tests produced false positives which impaired a physician’s ability to accurately diagnose a patient.
The complaint cites the Texas Business and Commerce Code which bestows upon the buyer the right to recovered damages if the seller has sold the buyer impaired goods.
The plaintiff seeks the following for relief: an award of expectation and incidental damages, an award of attorney’s expenses, and costs of pre-, mid-, and-post-judgement interests.
The plaintiff is represented by Farrell Law Group PLLC and Staubus Randall LLP.
