Court Advances Fraud, Emotional Distress Claims Against ExThera
Fraud and emotional distress claims against ExThera survive dismissal; other claims dropped.
Why it matters: This ruling clarifies legal boundaries in lawsuits involving health products, guiding consumer protection standards in cancer treatment litigation.
- On May 28, 2026, Judge Chesney dismissed civil RICO, negligence, battery, and wrongful death claims against ExThera but allowed fraud and emotional distress claims to proceed.
- Fraud and emotional distress allegations stem from misleading statements about a Croatian trial and ONCObind’s efficacy.
- ExThera’s ONCObind treatment cost $45,000 per round and at least three patients died shortly after treatment.
- In March 2026, federal prosecutors accused ExThera of hiding patient deaths to secure a $10 million deal, resulting in a deferred prosecution agreement.
On May 28, 2026, U.S. District Judge Maxine M. Chesney ruled on multiple claims against ExThera Medical Corporation, the company behind the ONCObind blood filtration device marketed as a cancer treatment. Judge Chesney dismissed the civil RICO, negligence, battery, and wrongful death claims but allowed allegations of fraud and intentional infliction of emotional distress to move forward.
The fraud and emotional distress claims relate to alleged misrepresentations about a Croatian trial and the claimed effectiveness of ONCObind. The treatment was offered in Antigua at a cost of $45,000 per round. Reports indicate that at least three patients died within days or weeks after receiving the treatment.
Further clouding ExThera’s claims, federal prosecutors in March 2026 alleged that executives concealed patient deaths to maintain a $10 million contract. This allegation led to a deferred prosecution agreement with the Department of Justice.
Annie Wanless, an attorney for plaintiffs, expressed appreciation for the court’s review, stating, "We are grateful for the court’s time and attention to this matter."
The decision to allow fraud and emotional distress claims to proceed sets an important precedent for health-related product litigation, particularly where consumer protection and patient safety concerns intersect.
By the numbers:
- $45,000 — cost per round of ONCObind treatment
- 3 — number of patients who died shortly after treatment
- $10 million — deal allegedly secured by concealing patient deaths