I would expect there are already multiple attorneys preparing to file class action lawsuits against Theranos (and Walgreens) on behalf of impacted lab test customers. The attorneys are probably searching for a suitable lead plaintiff right now. It's not necessary to prove that the patients were medically harmed by bad lab tests, just that they didn't receive the promised service. Theranos will probably settle to avoid an ugly trial, the lawyers will pick up a quick few million $, and the class members will get tiny partial refunds.