The attorneys counter that the 2007 report made clear that the labs needed DNA from Christian’s mother and father to confirm their son’s test results, which otherwise “cannot be definitively interpreted.”
They also point out that the report stated that Dravet was a “possible” outcome. For nine years, according to the motion, the parents ignored an “explicit written notice” that these samples were “strongly recommended” for a complete diagnosis.
“Instead, she brings this lawsuit almost a decade later and attempts to plead around the statute of limitations and statute of repose,” the attorneys wrote of Williams.
The motion says that Williams' complaint failed to establish a factual basis for the complaint and failed to plead fraud with sufficient detail, among other things. An attorney for the companies declined to talk to BuzzFeed News about the case.