Claims against blood filtration company’s cancer ‘cure’ likely to advance

The judge previously dismissed RICO, negligence, battery and wrongful death claims against ExThera Medical Corporation, while advancing claims of fraud and emotional distress.SAN FRANCISCO (CN) — A federal judge Friday indicated she would advance additional claims against a Bay Area medical device company known for developing a blood filter it claimed could cure cancer, but she stopped short of making any official determination.“This is a case where people were told this is a new procedure that could really save you from what is going on here; they tried it, it was painful, it didn’t work, it maybe killed them. That will be a triable issue,” U.S. District Judge Maxine M. Chesney said.Chesney, a Bill Clinton appointee, said she was leaning toward the plaintiffs on claims that ExThera Medical Corporation should be held liable for statements by former board member John Preston in a promotional video on the company’s website.In the video, Preston is introduced as “Director, ExThera Medical” and makes several statements about ExThera’s “ONCObind” filter treatment for metastatic cancer, including that ‘four hours on the filter is “the difference between life and death,”’ according to the plaintiffs.The judge said the plaintiffs could have reasonably concluded Preston was acting on ExThera’s behalf as “something of a spokesperson” for the company.“It seems to me like he’s given the authority to speak on behalf of ExThera,” she said.Chesney also signaled the plaintiffs cured defects with claims of negligence and wrongful death in their first amended complaint, pointing to the addition of a line that states: “Doctors will attest that ExThera’s actions directly caused these plaintiffs’ deaths.”She noted that the plaintiffs, as laypeople, could not make that claim, though qualified medical professionals could.However, the judge seemed less convinced that ExThera should have expected two wives of cancer patients receiving ONCObind treatment to share misrepresentations by Preston and Dr. Sanja Ilic, ExThera’s chief regulatory officer and vice president of clinical, regulatory and medical affairs, with a third patient’s wife in their “cancer wives” support group.“There is no real showing here that Ilic knew Ms. Hudlow or Ms. Baskin were going to convey specific statements to Ms. Bowen. That didn’t really quite add up to me,” Chesney said.She also doubted the plaintiffs’ claims about statements ExThera made on certain sections of its website, questioning whether each plaintiff had actually viewed those sections.“The issue is if the plaintiffs pleaded that they saw these things. If they actually did see the banner, and they did go to the FAQ page, I think they really need to say that,” the judge said.Chesney did not indicate when she would release a ruling.In a statement to Courthouse News, Annie Wanless of Lieff Cabraser Heimann & Bernstein, representing the plaintiffs, said they are hopeful the court will allow the claims to proceed to discovery and trial.“We are grateful for the court’s time and attention to this matter,” she added.A representative for ExThera did not immediately respond to a request for comment.Plaintiffs sued ExThera Medical Corporation in March 2025, accusing the company of falsely marketing its ONCObind treatment as a “medical miracle” and a cure for metastatic cancer.ExThera’s Seraph 100 blood filters initially showed promise for treating Covid-19 during the pandemic. The company later found the technology could potentially treat cancer by removing circulating tumor cells from the blood, according to the plaintiffs. It began offering ONCObind treatments on the Caribbean island of Antigua for $45,000 per round.At least three patients died within days or weeks of leaving the island after treatment, the plaintiffs say, while many others became sicker and saw their cancer markers increase.In May, Chesney dismissed civil RICO, civil RICO conspiracy, negligence, battery and wrongful death claims. However, the judge ruled that fraud, intentional infliction of emotional distress and product liability claims could move forward.Chensey also dismissed most defendants from the case, including billionaire investor Alan Quasha; Quadrant Management, Quasha’s private equity firm that invested in ExThera; and Quadrant Clinical Care, the Antigua-based clinic that administered the procedure.Dr. Devon Quasha, the billionaire’s daughter who served as chief medical officer of Quadrant Clinical Care, and Preston, whom the plaintiffs say spoke to them about the procedure’s “miraculous results,” were also dismissed.Subscribe to our free newslettersOur weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.Additional Reads