ST. LOUIS - Averhealth removed a lengthy class action lawsuit that accuses the national drug testing company of inaccurate test results and widespread failure to follow accepted testing protocols to federal court.
The class action complaint was filed on February 26 in the St. Louis County Circuit Court and was levered to St. Louis federal court on April 6.
The class is represented by plaintiffs Justin Gonzalez and Darrell E. Tullock Jr., who were subjected to drug testing by the defendant for child custody matters.
Gonzalez alleges that his hair drug test wrongfully came back positive for methamphetamine and that he had not consumed the substance; the plaintiff says he obtained drug tests from other companies several months later and those tests did not come back positive for the drug.
Gonzalez says he wrongfully failed drug tests for methamphetamine, THC, cocaine and many other substances two years later, and was denied unsupervised visitation of his child as a result.
Class representative Darrell E. Tullock Jr. says he had a similar experience with Averhealth drug tests coming back positive for substances that he allegedly did not consume.
Averhealth is accused of breach of contract; violation of the Missouri Merchandising Practices Act (MMPA) through unfair practices, deception, omission of a material fact and misrepresentation; and negligence.
The class is represented by the Law Office of Richard S. Cornfeld LLC of St. Louis, the Bruning Law Firm LLC of St. Louis and Pleban and Petruska Law LLC of St. Louis.