GreatCall, Inc.; Best Buy Co., Inc.
Defendant Name: SCOTT BARNES, individually and on behalf of all others similarly situated
Case Number: 2:19-cv-04457-JFW-GJS
Court: UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION
Practice Area: Class Action
Status: Active; Jury Trial Demanded
Date Filed: 05/22/2019
Documents: Original Complaint (PDF)
Attorneys Involved: Brian Chase, Jerusalem Beligan, Ian M. Silvers
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Details of the Defective Medical Device Case
Plaintiff Scott Barnes (“Plaintiff”), individually and on behalf of all others similarly situated, bring this class action against Defendants GreatCall, Inc., Best Buy, Co., Inc. and DOES 1 to 10 (collectively referred to herein as “Defendants”), and in support thereof the following, based upon personal information, investigation of his counsel, and upon information and belief as to all other allegations.
Defendants are the leading provider of connected health and personal emergency response services to the aging population, with more than 900,000 paying subscribers. Defendants introduced the new Lively Mobile Plus (the “Defective Medical Alert Device”) and advertised it as “the highest standard in medical alerts.” Defendants further represent on their website that the Defective Medical Alert Device will provide “help anytime, anywhere, 24/7".
The Defective Medical Alert Device fails to provide what was promised to consumers
The Defective Medical Alert Device is defective in that the fall detection and GPS does not function and fails to provide emergency services when activated (the “Defect”); thus, placing consumers—predominantly elderly and disabled persons who are relying on the Defective Medical Alert Device—at great risk of serious injuries, including death if emergency services either arrive late or are never alerted.
CLASS ACTION ALLEGATIONS
Pursuant to Federal Rule of Civil Procedure 23, Plaintiff brings this lawsuit on behalf of himself and all similarly situated individuals. Plaintiff seeks to represent the following nationwide class: All persons in California and throughout the United States who purchased one or more of the Defective Medical Alert Devices (the “Class”).
