B.W. v. Invitae Corporation Alleges the Genetic Testing Firm Disclosed Patients' DNA Data to Labcorp Without Consent
A class action complaint filed in the Circuit Court of Cook County, Illinois, and since removed to the U.S. District Court for the Northern District of Illinois, alleges that Invitae Corporation, a genetic testing company, disclosed the genetic information of tens of thousands of Illinois residents to Laboratory Corporation of America Holdings ("Labcorp") without the written consent required by the Illinois Genetic Information Privacy Act (GIPA), 410 ILCS 513/1 et seq. (Compl. ¶1.) The suit is captioned B.W. v. Invitae Corporation, No. 1:26-cv-08376 (N.D. Ill.), removed July 15, 2026 from Cook County case No. 2026CH05573, which was filed June 11, 2026.
The named plaintiff, identified by the initials B.W., is a minor who sues through his mother and guardian, Julie Wiess, individually and on behalf of a proposed class of similarly situated individuals. (Compl. ¶26.) The complaint pleads a single count for violation of GIPA and demands a jury. Plaintiff is represented by Eugene Y. Turin of McGuire Law, P.C. in Chicago, with Robert K. Shelquist of Cuneo Gilbert & LaDuca, LLP.
The Alleged Disclosure Through Invitae's Sale to Labcorp
According to the complaint, Invitae operated as a leading genetic testing company whose consumer genomics business used DNA collected from customers' blood or saliva, and it maintained extensive genomic data assets. (Compl. ¶¶14-15.) The complaint alleges that Invitae filed for Chapter 11 bankruptcy on February 13, 2024, and sought court approval to sell its assets; that Invitae announced an asset purchase agreement with Labcorp on April 30, 2024; and that Labcorp reported completing its acquisition of Invitae for $239 million on August 5, 2024. (Compl. ¶¶16-18.)
Plaintiff alleges that, following the acquisition, Labcorp reported integrating genetic test results from Invitae's patients and stated that the acquisition would enable the use of genetic data to support clinical trials and treatment development, and that Invitae did not seek consent from its patients before sharing their genetic data with Labcorp. (Compl. ¶19.) The complaint further alleges that the transfer included not only genetic information but also accompanying personal identifying information, including first and last names, email addresses, and home addresses, and in some instances age and gender. (Compl. ¶24.)
What GIPA Requires
GIPA provides that the results of a genetic test are confidential and may not be released or disclosed to anyone other than the individual tested or persons specifically authorized in writing. 410 ILCS 513/15(a). (Compl. ¶¶21-22.) The complaint alleges that Invitae is a "person" subject to the Act under 410 ILCS 513/10, and that it disclosed the class members' genetic test results and derived information to Labcorp without obtaining the advance written authorization the statute requires under 410 ILCS 513/15(a) and 513/30(a)(2). (Compl. ¶¶41, 45-46.) The Act provides for statutory damages of $15,000 for each willful or reckless violation, or actual damages if greater, and $2,500 for each negligent violation, or actual damages if greater, together with attorneys' fees and costs. 410 ILCS 513/40(a)(3). (Compl. ¶48.)
Facts Specific to the Named Plaintiff
The complaint alleges that, in or about February 2024, B.W. was directed to undergo genetic testing by Invitae as part of his treatment at an Advocate Children's health facility in Cook County, Illinois. (Compl. ¶26.) His biological sample was sent to Invitae, sequenced, and the results were provided to his guardian and clinical team. (Compl. ¶27.) Plaintiff alleges that, given the sensitivity of genetic test results and Invitae's representations about maintaining the privacy of its customers' genetic information, he and his guardian reasonably believed the results would be shared only with himself, his mother, and his treating medical staff, and would not reach third parties such as Labcorp without written consent. (Compl. ¶28.) Plaintiff alleges he never consented to the release of his genetic information or personal identifying information to Labcorp. (Compl. ¶30.)
The Proposed Class and Relief Sought
Plaintiff seeks to represent a class defined as all Illinois residents whose genetic information was disclosed or released by Invitae to Labcorp, according to Invitae's records, excluding the judiciary assigned to the case, Invitae's officers and directors, and their immediate families. (Compl. ¶¶32-33.) The complaint alleges the class numbers in the thousands and that its members can be identified through Invitae's records. (Compl. ¶34.) Common questions identified in the complaint include whether Invitae's conduct is subject to GIPA, whether it disclosed or released class members' genetic information to Labcorp in violation of the Act, whether it obtained written authorization before doing so, and whether any violations were willful, reckless, or negligent. (Compl. ¶36.)
The prayer for relief requests class certification, a declaration that Invitae's conduct violated GIPA, injunctive relief requiring compliance with the Act, statutory damages under 410 ILCS 513/40(a)(3), attorneys' fees and costs, pre- and post-judgment interest, and a trial by jury. (Compl., Prayer for Relief.)
Procedural Posture
The action was filed in the Circuit Court of Cook County on June 11, 2026, and removed to the Northern District of Illinois on July 15, 2026, where it proceeds as No. 1:26-cv-08376. The allegations described here are drawn from the plaintiff's complaint and have not been tested or adjudicated; the docket reviewed does not reflect a response from Invitae.
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