Lawsuit Over Ariosa Prenatal Downs Syndrome Test Proceeds in Ill. Federal Court

CHICAGO — An Illinois federal judge has allowed an action accusing Ariosa Diagnostics Inc. of misrepresenting that its prenatal genetic Down Syndrome test was 100 percent accurate, ruling that they pled their fraud claims with specificity.

However, in the March 25 order, Judge Edmond E. Chang dismissed the negligence claim without prejudice, ruling that the amended complaint contained no allegations about Ariosa’s duty to warn or that the Harmony Prenatal Test had any dangerous condition.

Kathleen and Ronald Biesterfeld used a prenatal genetic test sold by Ariosa to look for the chromosomal abnormality associated with Down Syndrome. Despite receiving …