Discontented Patients File Lawsuit Against California Fertility Company, Accusing Them of Sabotaging Their Chances of Parenthood with Fraudulent Fertility Test Results
In a recent development, a federal class action lawsuit has been filed against Santa Clara, California-based Luminary Genetics (formerly NextGen Genetics) over allegations of misleading claims about their Preimplantation Genetic Testing for Aneuploidy (PGT-A) test used during In Vitro Fertilization (IVF) treatment [1][2][3].
The lawsuit, Johnson, et al. v. Luminary Genetics f/k/a NextGen Genetics, LLC and Luminary Life Sciences (case number 3:25-cv-01629-WQH-BLM), was filed in the U.S. District Court for the Northern District of California. It was publicly announced around June 30, 2025, and additional updates appeared through early to mid-July [1][3][4].
The plaintiffs, represented by Shanon J. Carson of Berger Montague, Allison S. Freeman of Constable Law PA, and Paula S. Bliss of Justice Law Collaborative LLC, argue that the PGT-A test marketed by Luminary Genetics is widely used but misrepresented in its accuracy and reliability, leading to potential harm for patients relying on it during fertility treatment [2][3].
The lawsuit includes claims of fraud, false advertising, and other consumer protection violations. The plaintiffs allege that the test results may have wrongly influenced reproductive decisions, effectively "stealing their chance at parenthood" [2].
One of the plaintiffs, DeJanne Johnson, a 40-year-old from San Diego, underwent several rounds of IVF with PGT-A testing performed on eight embryos. However, none of the embryos that tested as normal resulted in a successful pregnancy [2]. Another plaintiff, Sandra Gamlin of Norfolk, Virginia, discarded several embryos that tested as abnormal, ultimately only transferring one normal embryo, which resulted in a miscarriage at seven weeks [2].
The lawsuit aims to certify a nationwide class of patients who paid for PGT-A testing from Luminary Genetics. The test, which costs thousands of dollars out of pocket, is sold as an add-on during IVF and is designed to analyse embryos and identify which ones are most likely to result in a successful pregnancy [2].
However, the legal complaint states that the test is not backed by solid science, and experts have raised red flags about its accuracy and the risk it poses to hopeful parents [2]. The lawsuit cites scientific studies showing that PGT-A is less accurate than claimed and may mislabel embryos [1].
Constable Law and its co-counsel law firms have filed multiple cases against those selling PGT-A testing, with leadership by Allison S. Freeman [1]. As of mid-July 2025, this lawsuit appears to be in the initial filing stage, with no reported resolution or court decisions yet publicly available [1].
The case is part of broader scrutiny about the validity of PGT-A tests in fertility medicine. Further developments can be expected as the litigation proceeds and more information becomes available. Johnson, in a statement, said, "I wish they never tested my embryos." [2].
References: [1] https://www.bergerlaw.com/news/press-releases/2025/07/08/constable-law-files-class-action-lawsuit-against-luminary-genetics-and-its-pgt-a-testing-over-inaccurate-and-misleading-claims/ [2] https://www.constitutelaw.com/news/2025/07/01/constable-law-files-class-action-lawsuit-against-luminary-genetics-for-false-and-misleading-claims-regarding-pgt-a-testing-used-during-ivf/ [3] https://www.law360.com/articles/1504244/constable-law-files-class-action-suit-over-pgt-a-testing-for-nextgen-genetics [4] https://www.reuters.com/legal/government/class-action-lawsuit-filed-against-luminary-genetics-over-inaccurate-pgt-a-testing-2025-06-30/
- The misleading claims about Luminary Genetics' Preimplantation Genetic Testing for Aneuploidy (PGT-A) test have drawn unwanted attention, necessitating vigilant consumer protection.
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