Taxpayers Shoulder Costs of Chester County COVID Test Lawsuit

Six years after Chester County committed twenty million dollars to a COVID antibody test deal that encountered severe issues, taxpayers are still covering the financial consequences. Prior to halting scheduled payments on the overall contract, the county disbursed thirteen million dollars to Advaite Inc. for one million antibody tests but received only 92,325 units.

The resulting lawsuit, which was filed in 2021 by Chester County in the Court of Common Pleas, has already accumulated nearly 1.4 million dollars in legal fees through April 2026. The county originally requested approximately twelve million dollars in damages to compensate for the expenses tied to tests it never received.

Legal complications have further prolonged the dispute. The county retained two separate law firms to handle the litigation, including Anapol Weiss under an agreement featuring a 25 percent contingency arrangement. However, Judge Cheryl L. Austin disqualified Anapol Weiss from the case on April 17, 2026.

Judge Austin ruled that Anapol Weiss failed to comply with screening and notice requirements under the Rules of Professional Conduct after hiring attorney Ashley Garland, who had previously represented Advaite while working at Mitts Law, LLC. The ruling noted that co-counsel Pietragallo Gordon Alfano Bosick & Raspanti, LLP remained fully capable of continuing the representation.

From March 2021 through April 2026, the county paid Pietragallo Gordon Alfano Bosick & Raspanti 1.2 million dollars in legal fees. Meanwhile, Anapol Weiss submitted initial invoices totaling 185,361 dollars in March 2026. Because the county has not confirmed a formal termination of the agreement following the disqualification, questions remain regarding whether Anapol Weiss retains any entitlement to a contingency fee.

If the county recovers its sought damages and the 25 percent contingency provision applies, Anapol Weiss could potentially claim up to three million dollars. The litigation has experienced notable delays, moving a scheduled trial date from May 2026 to November 2026 before it was postponed again without a current date on the docket.

County officials have declined to comment on the ongoing litigation. Communications Director Andrew Kreider stated that Chester County does not comment on pending legal matters as a matter of policy, leaving taxpayers to continue funding the mounting costs of the unresolved dispute.