The website Law360 has an interesting update on the proposed class action lawsuit against the San Diego stem cell clinic Stemgenex. Note that it seems you can read the full Law360 article without a subscription if you open the site in Chrome as your web browser. See more background on Stemgenex and on this case here.
Not surprisingly, the plaintiffs and defense see this case in opposite ways as reflected in quotes in the Law360 article:
“Plaintiffs make non-specific and conclusory allegations with respect to all named defendants,” StemGenex said. “The second amended complaint is so devoid of any specific facts to support its contentions that it is impossible for defendants to reasonably prepare a defense.”
Brian Findley of Mulligan Banham & Findley, a lawyer for the plaintiffs, told Law360 Wednesday that the allegations are “quite specific” and cite false statistics, made-up online reviews and StemGenex employees. If customers told the company that the treatment hadn’t done anything, they were told it could take months to see an effect, or that they should buy another treatment, he said.”
A key issue in this case is the marketing of stem cell offerings from Stemgenex and the plaintiffs allege this marketing was problematic:
“The three StemGenex customers, Selena Moorer, Stephen Ginsberg and Alexandra Gardner, all say that they paid the company $14,900 for each stem cell treatments for lupus, diabetes and other ailments after being persuaded by the number of satisfied customers on the company’s website, but that the treatments had no effect.”
The Stemgenex website still lists an apparent 100% patient satisfaction marketing claim as of today, January 23, 2017 (see screenshot below).
According to the Law360 article, Stemgenex has made various arguments to support their motion for dismissal and they overall called the lawsuit a “fishing expedition.”
If you want to follow the case, here is some info:
“The case is Moorer v. StemGenex Medical Group Inc., et al., case number 3:16-cv-02816, in the U.S. District Court for the Southern District of California.”
It seems likely that more patient suits against stem cell clinics will emerge this year. Some, but not all of the other recent cases of this kind including against US Stem Cell, Inc. and its subsidiary US Stem Cell Clinic have been settled before any judgment was issued. I’m not sure of the status of a different proposed potential class action case against The Lung Institute. If you know of other such lawsuits please contact me or post a comment.
Where can you join the legal action against The Lung Institute, I also went to Pittsburg Pa. in April 2016. Did not help me, I took money from my 401K for the treatment I am on social security and some retirement income. Please help me find out where I can file a complaint. I was told by the Tampa Fl office the rate of the treatments was 80% positive. Thank you
mr. marshall my name is daniel. i was diagnosed with parkinsons at age 29, now 44. ive been in contact with stemgenex who state that their success rate is 85%. can you refer me to others who have been there?
@Daniel and others,
Overall in the stem cell field, I wanted to let you know that I’m not aware as a stem cell scientist of any proven safe and effective stem cell treatment for Parkinson’s Disease at this time based on appropriately peer-reviewed, published data.
i had stem cell therapy for COPD on june of 2016 ,,,since then my conditiion has gotten much worse ,,,,i truly believe it doesnt work and is a scam to make money from disabled individuals with little or no hope left ,,,3 people had the therapy there that week,,,,one died a month later ,,the 2 nd had a lung transplant done ,,,,im the third ,and i went from 3 liters of oxygen ,,to 4 liters ,,,,stem cell for COPD is a scam
Court Rules in Favor of StemGenex on Majority of Allegations in Proposed Class Action Lawsuit
http://finance.yahoo.com/news/court-rules-favor-stemgenex-majority-081500746.html
I just posted on this with various perspectives