Ayala filed a lawsuit on behalf of its client against Thermo Fisher Scientific Inc., a large manufacturer of scientific devices including theย Ion Torrent Genexus Integrated Sequencer(โGenexus Instrumentโ) sold to Ayala’s client–the Plaintiff.
As stated in the Complaint, Thermo Fisher describes the Genexus Instrument as โthe first turnkey next-generation sequencing (NGS) solution that automates the specimen-to-report workflow and can deliver results in a single day.โ Complaint, ยถ 12.
Thermo Fisher, relates the Complaint, โrepresented to [the plaintiff] that the Genexus Instrument was fully capable of both reliably sequencing data and interpreting the data it produces.โ Complaint, ยถ 14.
However, Genexus Instrument had a number of malfunctions, including, the complaint states, that it โdisplayed an unknown and unidentified camera and/or sensor issue, where it would request reagents be put in/taken out in a random orderโas opposed to systematicallyโand also would misidentify reagents as used and/or expired when they were not.โ Complaint, ยถ 21
The Complaint contains five causes of action including for breach of contract, breach of express warranty, breach of implied warranty of merchantability, and breach of implied warranty of fitness for a particular purpose.
For more information about breach of contract cases, contact an experienced commercial attorney in Miami at 305-570-2208.
You can also email commercial trial lawyer Eduardo A. Maura atย eduardo@ayalalawpa.com.
You can also scheduled a case evaluation online atย https://www.lawayala.com/
