A federal judge in San Francisco signaled Friday she will allow fraud claims to proceed against a Bay Area medical device company that marketed a blood filtration system as a cancer cure—a treatment patients say caused excruciating pain and may have hastened their deaths.
U.S. District Judge Maxine M. Chesney said families suing ExThera Medical Corporation have a viable case that the company deceived desperate cancer patients through promotional videos featuring a company director who promised their ONCObind filter was “the difference between life and death.”
“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,” Chesney said during a Friday hearing. “That will be a triable issue.”
Company Director Featured in Promotional Campaign
The fraud allegations center on statements by John Preston, identified as “Director, ExThera Medical” in videos posted on the company’s website. Preston told viewers that four hours on the ONCObind filter could mean the difference between life and death for patients with metastatic cancer.
Chesney indicated she would hold ExThera responsible for Preston’s statements, finding that patients could reasonably believe he was acting as a company spokesman when he made those claims.
The judge had previously dismissed claims under the Racketeer Influenced and Corrupt Organizations Act, as well as allegations of negligence, battery, and wrongful death. But she allowed fraud and emotional distress claims to advance.
What Happens Next
Chesney stopped short of issuing a formal ruling Friday, but her statements from the bench suggest additional claims against ExThera will survive dismissal and head toward trial.
The case highlights the vulnerability of cancer patients facing terminal diagnoses—and the legal challenges families face when experimental treatments promoted as lifesaving innovations turn out to cause harm instead. Courts must balance protecting desperate patients from false hope against allowing companies to develop new medical technologies.
The families now appear positioned to present evidence to a jury about whether ExThera’s marketing claims crossed the line from hopeful innovation to fraudulent deception.
Key Points
- Judge indicated fraud claims will proceed against ExThera Medical over blood filtration system marketed as cancer cure
- Company director told patients in promotional videos the treatment was “difference between life and death”
- Families allege the painful treatment didn’t work and may have hastened deaths of loved ones with metastatic cancer
https://www.courthousenews.com/claims-against-blood-filtration-companys-cancer-cure-likely-to-advance/ – October 09, 2026
