Plaintiffs Shane Stevens and Reliant Immune Diagnostics Inc. filed a complaint against Anhui DeepBlue Medical Technology Co., a Chinese company, alleging that the defendant violated their contact, engaged in unfair and deceptive business practices, failed to remedy a manufacturing defect, violated their warranty of fitness for purpose and their implied warranty of merchantability, and has engaged in fraud.
In 2020, plaintiffs entered into an agreement with a wholesale distributor to purchase one hundred thousand COVID-19 antibody test kits from defendant. According to the complaint, upon receipt of the purchased goods, the complainants discovered that the tests were faulty. The complaint alleges that the tests produced false positives that impaired a doctor’s ability to accurately diagnose a patient.
The complaint cites the Texas Business and Commerce Code which grants the buyer the right to recover damages if the seller has sold depreciated goods to the buyer.
Plaintiff seeks the following relief: an award of damages and consequential damages, an award of attorney’s fees, and pre-, mid-, and post-judgment interest costs.