By NANETTE LoBIONDO GALLOWAY
VENTNOR Anyone who received a finger-prick antibody blood test for COVID-19 at a Ventnor testing lab at the height of the pandemic last year, has until Feb. 12, 2022 to be part of a settlement of a class-action lawsuit against the lab operator.
A notice printed in a local daily newspaper announced a settlement of claims made by Atlantic County residents against Infinity Diagnostics Laboratory, Inc. on behalf of all New Jersey residents who received a finger-stick antibody test at the lab located at 6715 Atlantic Ave. in Ventnor. The lab was opened in September 2020 but closed after the FBI raided the site on Dec. 3, 2020.
The FBI issued an advisory to residents the next day advising them that they should be retested for COVID-19 stating that rapid finger-prick blood tests are antibody tests and should not be used for diagnosing active cases of the coronavirus. Only a test that uses a nasal swab or saliva should be used for diagnosing the virus.
Atlantic County residents Tonia Arabia, Dana Kares, Philip Naylor, Thomas and Bonnie Young filed a lawsuit in Atlantic County Superior Court against the company and on Nov. 9 the court preliminarily approved a settlement for the class-action lawsuit, which includes any New Jersey resident who received the finger-stick test an Infinity lab between March 1, 2020 to the present.
The lawsuit alleged that Infinity fraudulently administered the tests, which cost $75. Infinity denied the allegations and any wrongdoing or liability, and maintained it complied with NJ law in all its dealings. However, it agreed to settle the case on a class-wide basis.
Superior Court Judge Stanley L. Bergman Jr. appointed The Angeion Group as claims administrator and ordered the defendants' attorneys to publish a notice in the Press of Atlantic City and Star Ledger newspapers within 30 days. The ad appeared in the Press within the timeframe allotted for notification of the public.
A formal fairness hearing will be held Jan. 21, 2022 at the Atlantic County Civil Courts Building, 1201 Bacharach Blvd. in Atlantic City at which time class members who object to the settlement will be heard. Objectors must notify the court at least 20 days before the hearing. If the settlement is approved, refunds will be issued.
A claimant may receive reimbursement of $75 with documentary proof they received the test. Proof could be a receipt or test result. Anyone who is unable to submit the required documentation but certifies they received the test may receive $37.50. A claim form must be submitted no later than Feb. 12, 2022.
Information about the settlement is available at www.denittislaw.com, by calling 856-797-9951, emailing [email protected] or by mailing attorney Stephen P. DeNittis, DeNittis Oscefchen Prince, PC, 1650 Arch St., Suite 2210, Philadelphia, Pa. 19103.
Claims can also directly be made at www.infinitydiagnosticssettlement.com.
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