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Is there a class action planned against VIPdx?

Discussion in 'General ME/CFS Discussion' started by olliec, Dec 30, 2012.

  1. olliec

    olliec

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    It seems to me that if the WPI and VIPdx knew the XMRV test was based on false science, then charging for that test was a fraudulent act. I've not heard of anyone talking about a class-action in the USA, but wondered whether anyone had heard of such an action?
     
  2. MishMash

    MishMash *****

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    Georgia
    If I could sue every test that was knowingly untruthful or deceptive, I would be a millionaire. In many cases, I paid the money knowing there might only be the slightest chance of accuracy or validity. Desperation leads to a lot of irrational behavior. It's the lonely life of an ME/CFS patients. Like sheep to fleeced.
     
    Kati likes this.
  3. olliec

    olliec

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    I know a lot of us have paid for tests not knowing they are going to be of any help, but if vipdx knew the test was invalid and still kept charging money, that's an entirely different situation.
     
  4. In Vitro Infidelium

    In Vitro Infidelium Guest

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    Lots of previous discussion on ownership issues and actionability here: http://forums.phoenixrising.me/inde...dlabs-trading-as-vip-dx-wpi-connection.18834/

    It's not even clear that Redlabs (which traded as VIPdx) still exists as an entity that could be sued, and even if it does it's part of the huge Wingfield conglomeration that's at the centre of the disputes between Seeno family members and Harvey Whittemore and may have little in the way f realisable assets given it's involvement in 'crashed' real estate. WPI's role is a step removed from liability over the sale of tests - it's direct liabilty for failings (if any) would be to Redlabs. Ultimately a horrible mess from which lessons should be learned.

    IVI
     
  5. olliec

    olliec

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    In the UK if the directors of a business have acted in a fraudulent or illegal fashion, liability can pass from the company to them personally, so what you say doesn't necessarily preclude action as I suspect there are similar rules in the US. But I've seen no mention of an action ongoing or being planned, I just asked because if there was I'd likely put my name into the hat.
     
  6. In Vitro Infidelium

    In Vitro Infidelium Guest

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    For Directorial liability to come into play, fraud would first have to be demonstrated in a criminal court. Unless there is some case for harm or loss over and above the cost of the tests, it wouldn't seem on the face of it that suing VIPdx (or its owners) would be an attractive option for lawyers unless there was some basis to think that an unlimited costs award was possible. I've no idea if that is the case but it doesn't seem likely. And all of this disregards( as has been discussed previously) the problem of Physician ordering - which allows VIPdx the defence that it was down to the Physician to decide upon the appropriateness of the test, thus even if the test couldn't do what it stated, then VIPdx could show that the contract was with the ordering physician, not the patient. In fact for European based patients VIPdx doesn't even seem to have been the seller of the test but rather intermediary businesses which would complicate the legal position even further. Certainly EU consumer Law would seem to offer the first line of protection for EU residents.

    IVI
     
  7. olliec

    olliec

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    My test was done direct to the USA, so I dealt directly with vipdx.

    You make good points, and it seems no-one sees a good enough opportunity of success, navigating through the liabilities and corporate structures, to bother taking it any further.
     

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