A $20 million pandemic purchase still haunts Chester County, with taxpayers footing the bill for missing tests and costly court fights.
Key points
- Chester County paid $13 million for antibody tests but received only about 9 percent of the ordered quantity.
- Legal expenses have topped $1.4 million, with an additional $1.2 million paid to a second law firm, and a potential $3 million contingency fee still unresolved.
- A conflict‑of‑interest ruling disqualified the primary counsel, creating further uncertainty about the case’s resolution and any future recovery for taxpayers.
Six years after Chester County committed $20 million to a Covid‑19 antibody test contract, residents are still shouldering the financial fallout, according to public‑record requests and court filings.
The county paid Advaite Inc. $13 million for a promised one‑million antibody tests but received only 92,325, leaving a shortfall of more than 900,000 tests that were never delivered.
Undelivered Tests and Financial Losses
A lawsuit filed in 2021 to recover the lost funds has already generated nearly $1.4 million in legal fees through April 2026, and the case has involved two separate law firms, one of which was later disqualified for a conflict of interest.
Judge Cheryl L. Austin ruled on April 17, 2026 that Anapol Weiss must be disqualified because the firm failed to screen attorney Ashley Garland, who previously represented Advaite, in violation of Pennsylvania Rule of Professional Conduct 1.10(b).
Legal Battles and Conflict‑of‑Interest Rulings
The disqualification leaves open the question of whether Anapol Weiss remains entitled to its 25 percent contingency fee; if the county recovers the roughly $12 million it seeks, the firm could be owed as much as $3 million, though the original agreement and a 2025 amendment do not address compensation after a judicial disqualification.
Litigation delays have added to taxpayers’ burden: the trial originally set for May 15, 2026 was moved to November 16, 2026 and then postponed again, leaving the case without a current docket date.
Uncertain Outcomes for Taxpayers
County officials have declined to comment on the ongoing litigation, and residents’ questions about the original procurement, the need for a second law firm, and the status of the contingency agreement remain unanswered.
Reader questions
How many Covid antibody tests did Chester County actually receive?
The county received 92,325 tests out of the one‑million it paid for.
What legal costs has the county incurred so far?
Public records show nearly $1.4 million in fees to the first law firm and about $1.2 million paid to the second firm through April 2026.
Is there a scheduled trial date for the lawsuit?
No. The original May 2026 date was moved to November 2026 and then postponed again, leaving the case without a current trial date.
Source: broadandliberty.com