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Erin Woo headshot

 

Erin Woo

Thus far, Edlin has testified about Holmes’s work habits — she was within the workplace “on a regular basis,” from early morning to late night and on weekends — and about how data was saved siloed inside Theranos, on directions from Elizabeth, Christian and Sunny.

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Erin Woo

Edlin was recruited to Theranos by Christian Holmes, who Edlin describes as “certainly one of my closest buddies.” He first met Elizabeth Holmes by way of Christian whereas Edlin and Christian had been at Duke.

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Erin Woo

Daniel Edlin, a former senior challenge supervisor at Theranos from 2011 to 2016 who labored immediately with Holmes, is on the stand.

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Erin Woo

After a break, we’re again in session. There could also be extra disruptions coming as much as the trial schedule: A juror’s mother-in-law handed away instantly and he or she could need to journey to the Midwest, and a good friend of Davila’s is critically ailing.

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Erin Woo

Redirect is finished, and we’re again to re-cross. After some forwards and backwards on Dhawan’s assumptions that Theranos staff had been doing their jobs, Dhawan has been excused.

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Erin Woo

The federal government is asking about Lynette Sawyer. Dhawan says he didn’t meet Sawyer and doesn’t know whether or not she went into the lab or noticed the Edison. Basically, the federal government is working to point out that Wade’s line of questioning relied on assumptions.

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Erin Woo

We’re by way of cross and into redirect. Wade’s cross-examination stayed on the identical theme: that Theranos had loads of certified staff, and Dhawan’s minimal presence within the lab wasn’t a priority.

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Erin Woo

Wade is stating that Dhawan, as a part-time worker, delegated his tasks to totally different full-time Theranos staff. “Nobody was pretending you had been there day by day,” Wade continued. “You had been there as wanted, proper?”

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Erin Woo

Lance Wade is beginning with dialogue of Dr. Lynette Sawyer, who additionally served as a part-time lab director throughout this time. Dr. Sawyer didn’t come up throughout direct yesterday — Wade appears to be arguing that Dhawan didn’t do a lot as a result of Sawyer was dealing with extra of it.

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Erin Woo

After a juror overslept, we’re lastly beginning testimony in “Our Holmes Matter” in San Jose. We’re beginning once more with Dr. Sunil Dhawan, who turned lab director after Adam Rosendorff left.

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Erin Griffith

Movement to compel is denied, Parloff will not be required to show over his notes. Decide stated it doesn’t even need to get into the difficulty of reporter’s privilege as a result of the protection hasn’t made a robust sufficient case for it. “It’s a fishing expedition.”

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Erin Woo

We’re wrapping for the day. I’ll be again within the courthouse at 9 a.m. tomorrow when the trial resumes.

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Erin Griffith

Parloff counsel David Korzenik: “The trial will not be about Mr. Parloff’s frame of mind. It’s not a libel case in opposition to his subsequent article during which he corrected his first.” “He can solely testify as to what Ms Holmes instructed him.”

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Erin Woo

Wade is asking about Dhawan’s interactions with Holmes and Balwani. Wade says that Balwani was working the laboratory from an operational standpoint. Dhawan says he can’t touch upon that, however his assumption was that he was.

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Erin Woo

With quarter-hour to go at present, we’re beginning in on cross-examination. Wade (who spent days on the stand cross-examining Rosendorff) is begins by establishing that Dhawan is a extremely skilled skilled.

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Erin Woo

Dhawan says he doesn’t recall ever asking questions or asking a report back to be modified. He additionally signed a doc about reporting of essential values with out ever seeing a essential worth.

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Erin Woo

Rosendorff had signed the paperwork earlier than Dhawan did. “It gave me some reassurance that there had been some supervision earlier than my time of arrival,” Dhawan testified. Dhawan signed the validation for the Edison with out ever seeing it run something.

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Erin Griffith

Additionally, “We need to present the data he was pointed to. It doesn’t matter if it seems to be appropriate or incorrect.”

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Erin Griffith

Onto the Parloff matter. Cline says the Holmes camp desires to Parloff’s reporting notes in an effort to present that Parloff “was coloured by bias — a want responsible any errors he made in his preliminary article on Ms. Holmes slightly than” his personal errors. Wow.

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Erin Griffith

The Justice of the Peace decide grants movement for the exclusion. “He’s testifying as to secondary issues. He’s reporting and testifying about one thing another person stated or did that he coated. He actually is akin to an knowledgeable witness who has collected data from many sources.” Carreyrou is now allowed to be within the courtroom.

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Erin Woo

The Q.C. supervisor, Langly Gee, launched himself to Dhawan in August 2015. He wished Dhawan there for the CMS audit on 9/22/15. Dhawan stated he was there for the audit. Earlier than that, he stated he signed “no matter was despatched to me.”

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Erin Woo

Dhawan didn’t go to Theranos day by day. He went to Theranos twice. He didn’t work together with sufferers, physicians or Theranos lab staff. He by no means handled Q.C. He thinks he labored 5-10 complete hours from November 2014 to June 2015. For this, Dhawan was getting paid $5,000 a month.

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Erin Griffith

Cline: “I perceive this can be a hardship for Mr. Carreyrou. He’s not the one one struggling a hardship. Ms. Holmes’s father is a witness. We could name him. He’s having to overlook the trial of his daughter.”

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Erin Griffith

Prosecution notes that it already introduced a movement to dam any arguments that there was coordination between the federal government and Carreyrou. Says there isn’t any proof of that and that Decide Davila already agreed to dam such arguments.

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Erin Griffith

Will the Holmes camp name Carreyrou as a witness? Holmes lawyer John Cline: “I can’t let you know at this level who we’re going to name as witnesses. We could. We could not placed on a case. We could name Ms. Holmes. … I can definitely let you know we could name him.”

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Erin Woo

As anticipated, we at the moment are calling Dr. Sunil Dhawan, a dermatologist who turned Theranos’s lab director after Rosendorff left. After a number of days on Theranos’s partnerships with different corporations (Safeway, Walgreens), we’re now again to inside Theranos workings.

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Erin Woo

After temporary re-cross from Downey, Jhaveri is excused.

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Erin Griffith

He provides that any subpoena issued to Carreyrou can be in unhealthy religion or harassing. One instance: “Ms. Holmes main her staff in a chant that claims F You, Carreyrou. Clearly I’m abbreviating that.”

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Erin Griffith

Carreyrou lawyer: “We imagine he’s being singled out due to his prior reporting and due to the animus Ms. Holmes has for him.” Lawyer additionally says it’s a matter of First Modification rights.

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Erin Woo

Schenk is up for redirect. He notes that the affected person expertise surveys had been earlier than they bought their check outcomes, so in the event that they, for instance, had been instructed they weren’t pregnant however had been the truth is pregnant, that might have an effect on their expertise however wouldn’t be counted in survey outcomes.

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Erin Griffith

Decide: “I’ve not been following Mr. Carreyrou’s podcast, however as I perceive it he’s been capable of report on what’s occurring and touch upon what’s occurring.” Decide asks what’s the issue?

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Erin Griffith

On the Carreyrou matter, the Justice of the Peace decide recommended that he be categorized as an knowledgeable witness, “a realistic answer,” he stated. Holmes aspect stated (understandably?) that that doesn’t make a number of sense.

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Erin Griffith

Protection has tried to compel Parloff to launch his notes. A few of them (outdated emails) not exist. However others would contain forcing him to show over notes and sourcing, and so on. He already supplied some recordings of interviews to either side however is combating the subpoena for notes.

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Erin Griffith

They’re additionally going to be coping with the motions involving Roger Parloff, who wrote a Fortune cowl story that’s actually being mentioned in trial at this second.

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Erin Griffith

Whereas testimony is occurring, there may be additionally a separate Zoom listening to now with a Justice of the Peace decide, Nathanael Cousins, over whether or not the journalist John Carreyrou can be allowed within the courtroom.

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Erin Woo

Taking a look at a January 2015 affected person expertise survey abstract. Sufferers rated the general expertise as 4.81/5 — extra assist for Downey’s line of argument right here.

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Erin Woo

Basically, Downey appears to be taking a really cheap, pleasant tone with this cross-examination (in distinction, for instance, with the best way Wade began off cross with Rosendorff two weeks in the past). Details: opening shops is difficult, however sufferers had been completely satisfied.

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Erin Woo

Downey is admittedly attempting to spotlight affected person satisfaction to point out that the partnership was successful. Jhaveri pushes again, saying that affected person expertise was one essential issue, however so was price of build-out, venous draw percentages, and so on. Jhaveri does concede that he doesn’t keep in mind getting destructive suggestions in regards to the checks being accomplished in venous draw kind.

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Erin Woo

Different paperwork confirmed that Walgreens didn’t embrace venous draw percentages amongst “key program dangers” and that Jhaveri instructed Walgreens colleagues to not focus on future market growth plans outdoors California and Arizona.

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Erin Woo

Downey highlights paperwork that make the case that the partnership was doing higher than the federal government painted it as. We noticed a set of Walgreens/Theranos assembly minutes saying that affected person expertise surveys had been “off the charts.”

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Erin Woo

Downey establishes that Jhaveri had little or no contact w Holmes; Jhaveri says he met along with her “two or thrice at most.” (His important level of contact was Balwani.)

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Erin Woo

Again from break. Downey is beginning cross with questions on how opening shops is a troublesome job.

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Erin Woo

After studying the texts, the federal government completed its direct examination of Jhaveri. We’ll choose up with cross after the break.

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Erin Woo

Right here’s the total doc with 36 pages of texts: https://www.documentcloud.org/paperwork/21081045-holmes-balwani-texts

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Erin Woo

Textual content messages between Holmes and Balwani about Walgreens! Jhaveri and Schenk are, for no matter cause, taking turns doing a stay studying. (Jhaveri is Balwani; Schenk is Holmes. This does certainly really feel type of like highschool English class.)

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Erin Woo

In 2015, venous draw percentages by no means went down sufficient to broaden past 40 shops in Arizona and one in Palo Alto. Balwani’s rationalization for the chances by no means modified. Then, in late 2015, Jhaveri testifies, he learn a destructive article about Theranos. Walgreens stopped providing Theranos checks in 2016.

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Erin Woo

Basic theme of Jhaveri’s testimony to date: Theranos wasn’t hitting its targets concerning venous draw percentages, however Jhaveri was keen to maintain working with them. However, the federal government notes: What Jhaveri didn’t know was that Theranos was not doing testing by itself units.

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Erin Woo

8/15/2014 electronic mail from Jhaveri, the place he wrote that “now we have made unbelievable progress within the quick 5 months.” Jhaveri nonetheless believed that Theranos was doing testing by itself units, he testifies. In the identical electronic mail, Jhaveri wrote that he desires to deal with enhancing affected person expertise and “venous % within the 10% vary.” At that time, it was nonetheless round 40%.

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Erin Woo

Now taking a look at revised objectives from August for the Theranos partnership. For F.Y. 2015, they had been now aiming for 200 shops as an alternative of 500, primarily based on the outcomes of the pilot. The venous draw percentages and the price of the buildout had been two causes for the decreased objectives, Jhaveri testifies.

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Erin Woo

In June 2014, Jhaveri nonetheless thought that Theranos was doing its testing on Theranos units. He didn’t know that Theranos was testing sufferers’ blood on modified third-party units. And nobody, together with Balwani, was happy with the venous draw percentages.

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Erin Woo

When Theranos did a finger stick draw, Walgreens thought that blood was being examined on a Theranos machine. Walgreens didn’t realize it was being examined on a modified industrial machine, Jhaveri testifies.

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Erin Woo

Walgreens agreed that some, extra advanced checks would possibly all the time require venous attracts, however these checks had been speculated to be much less widespread. A slide attributes the “greater variety of venous attracts up to now” to “studying course of round ordering patterns for Arizona,” not tech issues.

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Erin Woo

The proportion of finger stick attracts was “crucial,” Jhaveri testifies. “That was the Theranos know-how that we had signed a partnership on. … That was the precise magic that was so intriguing to us.”

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Erin Woo

Sufferers might obtain conventional lab work by way of venous or finger stick check. Historically, labs would do venous attracts. Theranos, as we all know, promised to do the identical checks on a small quantity of blood by way of a finger stick, which Jhaveri calls “extraordinary.”

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Erin Woo

On the time, Theranos was in a single retailer in Palo Alto and two in Arizona. They had been monitoring prospects’ wait time and expertise stage. They had been additionally monitoring some lab measures, together with proportions of venous vs. finger stick checks.

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Erin Woo

Jhaveri was working to “operationalize” the Theranos partnership — increasing the partnership from the three shops it was in on the time. This included building, design, structure, coaching, buyer expertise.

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Erin Woo

In early 2014, he turned divisional vp of well being care providers, and the Theranos partnership turned a part of his tasks at the moment.

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Erin Woo

He re-engaged with the Theranos crew on the finish of 2013. At that time, he was nonetheless engaged on the brand new pharmacy design and wished to determine how the Theranos partnership would match into the expertise/building of the shop.

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Erin Woo

He first heard of Theranos in 2010, when he was main a challenge to revamp Walgreens pharmacies to be extra customer-centric. He met Holmes and Balwani when he gave them a brief tour of a Walgreens retailer.

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Erin Woo

Jhaveri labored at Walgreens for 29 years (1989-2018). He’s a registered pharmacist with an MBA in organizational administration.

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Erin Woo

We’re accomplished with direct examination. On cross (which takes roughly one minute), the protection establishes that Amenta didn’t have particular information of the wire transfers past realizing that they occurred. And we at the moment are accomplished with Amenta and onto Jhaveri.

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Erin Woo

Prosecutor John Bostic is taking Amenta by way of federal wire transfers despatched to Theranos, presumably to point out that wire transfers had been made.

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Erin Woo

Jurors have filed in. Amenta is on the stand.

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Erin Woo

Again within the courtroom for a particular Thursday version of the Elizabeth Holmes trial! At this time’s anticipated witnesses: Robert Amenta, deputy chief investigator on the Federal Reserve Financial institution of New York; Nimesh Jhaveri, a former Walgreens government; and Dr. Sunil Dhawan, a former Theranos lab director.

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Erin Griffith

That’s it for at present. There can be trial tomorrow and one of many witnesses can be Nimesh Jhaveri, former head of well being care providers at Walgreens.

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Erin Griffith

The subsequent witness is Robert Amenta, deputy chief investigator on the New York Federal Reserve. We simply walked by way of an evidence of what the Fed does. U.S. Lawyer John Bostic: “So it’s a financial institution for banks.”

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Erin Griffith

In 2015, after the WSJ Theranos expose, Miquelon wrote an electronic mail to Holmes: “You’re in my ideas, grasp in there. The haters are in every single place however your contribution to the world can’t be bottled up.”

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Erin Griffith

Protection makes the case that Walgreens entered into its settlement with Theranos realizing it didn’t have F.D.A. approval. Walgreens had the precise to terminate the partnership if Theranos didn’t get F.D.A. approval by the top of 2010. (It didn’t, and Walgreens didn’t terminate.)

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Erin Griffith

On diligence, Miquelon says: “I might outline diligence as unfolding over a few years — diligence continues and that’s one cause why you’ve got a revised settlement and addendums to that.”

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Erin Griffith

Downy made the purpose that most of the guarantees Holmes made about Theranos’s know-how had been made when the corporate deliberate to place machines in shops. Concept being that these guarantees are irrelevant as a result of Theranos determined to not put machines in shops, however check in its personal lab.

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Erin Griffith

On cross-exam, Holmes lawyer Kevin Downey is increase how massive of a deal this effort was to Walgreens. Miquelon stated Walgreens employed a agency to provide you with a listing of 180 start-ups engaged on lab improvement, which the corporate evaluated.

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Erin Griffith

The price hinged on the partnership hitting sure milestones, however in August 2013, Holmes emailed Walgreens asking to speed up the cost and ship the cash sooner.

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Erin Griffith

WOW this is perhaps public information however I wasn’t conscious of it. Walgreens paid a $100 million “innovation price” to Theranos for the privilege of partnering with them. The precise funding in fairness solely got here within the type of a $40 million convertible observe.

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Erin Griffith

🩸 After a two-hour delay attributable to jurors elevating points about their questionnaires being made public, testimony within the Elizabeth Holmes trial (or, per the decide, “Our Holmes Matter”) is starting with Wade Miquelon, former C.F.O. of Walgreens.

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Erin Griffith

Miquelon describes the artwork of credibility buying and selling — in an electronic mail promoting Theranos to his colleagues he notes Larry Ellison’s endorsement. The prosecutors additionally make the purpose that Theranos was seven years alongside — pre-empting the “only a younger start-up” protection.

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Erin Griffith

We’ve seen a number of paperwork from pharma corporations endorsing or validating Theranos’s know-how. I imagine these are the identical ones we noticed within the opening arguments, which had been a fairly large smoking gun. The testimony hasn’t but mentioned whether or not they had been falsified.

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Erin Griffith

Miquelon provides a really acquainted story by now: He was excited by the promise of Theranos’s know-how. A lot of low cost checks on a finger stick of blood. We additionally know by now that witnesses have to be very particular in regards to the claims Holmes made as a result of protection will choose them aside.

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Erin Griffith

The subsequent witness is the previous Walgreens C.F.O. Wade Miquelon (now C.E.O. of Jo-Ann Shops).

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Erin Griffith

Burd attracts the road at income and profitability. “When you’re hitting sturdy income {dollars} relative to dimension and also you’re earning money, I might say you’re in your approach.” (If that they had requested me, I might have outlined a start-up as a non-public venture-capital backed firm.)

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Erin Griffith

On redirect we focus on the definition of a start-up, rebutting protection’s declare that Theranos was only a tiny upstart coping with an enormous unhealthy company. “Do you differentiate between a start-up that’s 7-10 years outdated vs one that’s simply beginning out of a storage?”

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Erin Griffith

Downey attempting to make the case that Safeway’s inventory had had an enormous drop between previous to Burd leaving. He doesn’t take that bait. “In 20 years, that occurs ceaselessly.”

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Erin Griffith

We travel over the Theranos lab arrange as a check on Safeway’s company campus. Burd was pissed off that it was speculated to have a “field,” certainly one of Theranos’s blood analyzers, however for “secrecy” causes, didn’t get one. Finally it was shut down.

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Erin Griffith

Downey has grilled Burd on the authorized particulars of their partnership that gave Safeway exclusivity rights, paybacks, and so on. on whether or not there was ever a tough deadline given for the launch.

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Erin Griffith

Numerous deal with the diligence that Safeway did on Theranos and its know-how. Burd spoke with varied docs and lab administrators at Johns Hopkins, who stated that they had not had the Theranos machines lengthy sufficient to validate them. “The field was taken again by Theranos.”

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Erin Griffith

Kevin Downey, Holmes’s lawyer, is now cross-examining Burd. Build up all his expertise, experience, sophistication, and so on., to match with Holmes and Theranos. “You knew on the time that she was a really younger entrepreneur. … And also you knew the corporate was a start-up?”

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Erin Griffith

Simply electronic mail after electronic mail from Burd to Holmes expressing disappointment. “We’re so good collectively once we collaborate, however I’ve by no means been extra pissed off. I need to assist, however you’re making it troublesome.”

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Erin Griffith

Burd emailed Holmes: “I can recall getting discouraged as soon as is (sic) the final 61 years. That stated I get near my second occasion.” Do C.E.O.s all the time electronic mail one another this manner?

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Erin Griffith

Burd emailed Holmes complaining about delays on launching Theranos checks inside Safeway shops. “I really feel like a jogger working in place ready for the cease gentle to show inexperienced.” One other electronic mail has the topic line “Changing into Discouraged.”

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Erin Griffith

Burd emailed Holmes in 2012 expressing issues a couple of Theranos lab on Safeway’s campus. “I’m genuinely involved that Safeway’s lab fame will get worse by the day.” He warned that if the issues continued for the comfortable launch, “each our manufacturers can be in danger.”

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Erin Griffith

The decide referred to as the case “Our Holmes Matter” which I’m going to start out utilizing. Steve Burd, the previous C.E.O. of Safeway, is again on the stand for direct examination.

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Erin Griffith

🩸 In courtroom once more for U.S. vs. Holmes.

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Erin Griffith

Thus concludes the Theranos trial motion for the week. The trial is on recess on Friday, can be again on Tuesday.

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Erin Griffith

He continues: “I’ve had the privilege of assembly 4 U.S. presidents. When the president is within the room — let me let you know, the president owns the room. Nobody talks until spoken to. Her type was heat, it was pleasant. It wasn’t dictatorial.”

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Erin Griffith

Burd is extremely complimentary of Holmes. “Not all C.E.O.s are alike. She would rise to the highest of the pile by way of imaginative and prescient, by way of command of the data, clearly by way of supply. She was all the time decisive.” “Each time she was speaking she owned the room.”

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Erin Griffith

Safeway initially negotiated an $85 million partnership with Theranos, together with investing $30 million to put in labs in its shops, which he stated turned out to be a low estimate. The deal was negotiated immediately with Holmes with no legal professionals, which Burd discovered was uncommon.

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Erin Griffith

Now discussing convertible fairness notes! Isn’t that is a lot extra enjoyable than chemiluminescence and assays. 📈

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Erin Griffith

Ooooooooh I believe we simply bought our first point out of EBITDA within the trial, I can see the joys of studying about accounting on the faces of those jurors.

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Erin Griffith

For some cause he’s speaking a couple of pressure of watermelon referred to as a Pureheart that has a really small rind that Safeway bought solely for a yr. 🍉

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Erin Griffith

Rosendorff’s testimony is lastly over. Steve Burd, the C.E.O. of Safeway for 20 years till 2013, is now testifying. When he heard about Theranos he was “instantly considering assembly Theranos, significantly the founder.” “It was an enchanting idea.”

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Erin Griffith

Protection counsel Wade is nearly giddy to argue that prosecution requested Dr. Rosendorff to match points at Theranos to different labs he labored at. Protection ought to be allowed to carry up different investigations at labs the Rosendorff later labored at, he says.

Decide Davila says no, that might be a separate “mini trial.” He provides, “I believe it could truly improve the injury you’re looking for to keep away from however, hey, it’s your case.”

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Erin Griffith

Concerning the accusation that he stole commerce secrets and techniques by emailing himself recordsdata, prosecution asks, “Primarily based on what you understand about Theranos’s strategies, would you’ve got wished different labs to make use of these strategies?” “No.”

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Erin Griffith

For the final hour we’ve been listening to redirect on Dr. Rosendorff. For these counting, that is Day 6 of his testimony. The explanation he left Theranos: “It was about affected person care and my integrity as a doctor.”

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Erin Griffith

Now the alternate has comparable issues, saying English will not be her first language and is worried she “might make a mistake in one thing.” “It’s her future.” The decide doesn’t appear to be having this one.

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Erin Griffith

The juror stated she doesn’t imagine in punishment and has been more and more haunted by the considered having a job in sending somebody to jail. Not surprisingly, prosecution was in favor of dismissing her.

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Erin Griffith

I’m beginning to really feel like an Oompa Loompa watching the jurors drop out from the sidelines right here, perhaps the press corps will put collectively a bit track and dance.

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Erin Griffith

💉 U.S. v. Holmes, Day 12 of ~2384972: We’ve dismissed a juror who says her views as a Buddhist will make it unimaginable for her to vote to convict. Three of 5 alternates stay. Later at present Steven Burd, the previous C.E.O. of Safeway, will testify.

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Erin Griffith

QC failure, immulite reagents, clia lab, advia, HCG, PSC, assays, vacutainers, nanotainers, we’re nearing the top of Day 5 of Dr. Rosendorff’s testimony and so very deep within the blood testing weeds please ship assist

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Erin Griffith

Decide Davila now says that protection has had 4 days to problem Rosendorff’s testimony and says “You’ve got challenged his confidence.” Permits protection to query about Rosendorff’s work post-Theranos, says to “probe calmly” to keep away from legal responsibility or impeding his future profession.

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Erin Griffith

Fascinating type of questioning asking the witness “You don’t recall these occasions if you lied and repeatedly?” “…No sir?”

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Erin Griffith

Rosendorff despatched himself a bunch of inside Theranos emails earlier than he left. Wade accuses him of stealing commerce secrets and techniques and violating HIPAA with affected person information.

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Erin Griffith

Wade continues to drive on the level that Dr. Rosendorff left Theranos for more cash and the rationale he expressed issues about its lab outcomes and requested to be faraway from its Clia lab was to start out his new job sooner.

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Erin Griffith

Now Wade is attempting to make use of Rosendorff’s resignation electronic mail — the fakest electronic mail any worker ever writes — in opposition to him. “You wrote that it was a ‘great expertise’ and also you ‘appreciated the chance to work with so many proficient people’” Gotcha!

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Erin Griffith

Wade is attempting to make an enormous deal about how Dr. Rosendorff’s subsequent job after Theranos paid him extra. Dr. Rosendorff will not be having it. “I wished to hitch a good firm whose mission I believed in.”

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Erin Griffith

Protection reveals a résumé Rosendorff was sending round and factors out that he stated he did nice work at Theranos. Rosendorff: “I don’t know for those who’ve ever tried to use for a job but it surely doesn’t serve you” to debate “fraudulent exercise.” Protection strikes his reply.

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Erin Griffith

Dr. Rosendorff was additionally taking a look at different jobs earlier than Theranos ever launched. Protection: “You basically had a foot out the door the entire time?” “Every so often I might take a look at what different jobs had been accessible.”

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Erin Griffith

Again from a break. Protection asking Dr. Rosendorff about his departure from Theranos. Protection factors out that Rosendorff was contemplating submitting a qui tam lawsuit in opposition to Theranos, to alert the federal government of wrongdoing (and get a % of the cash recovered).

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Erin Griffith

Protection counsel Wade reads from a deposition during which Rosendorff seems to contradict his testimony in regards to the frequency of issues at Theranos labs. “Issues come up in labs — each lab in America, most likely each lab on this planet — will not be going to good, appropriate?” “Sure”

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Erin Griffith

Binder hijinks. Whereas flipping by way of all the assorted emails Rosendorff asks somebody to assist him with the binder as a result of “it’s simply opened up and it’s simply [hand wave motion] pages in every single place.”

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Erin Griffith

Within the meantime Roger Parloff has filed a declaration opposing protection’s push to compel him to show over his notes in reporting the 2014 Fortune cowl story about Holmes and Theranos. He already supplied either side recordings of his on-record interviews with Holmes and Balwani.

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Erin Griffith

Rosendorff takes off his glasses and rubs his eyes as Wade cycles by way of varied varieties exhibiting his signoff on assay validation from 2013.

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Erin Griffith

The supposed takeaway from the road of questioning, so far as I can inform, is that some checks at Theranos sooner or later did work and that when there have been issues, many individuals at Theranos tried to repair them.

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Erin Griffith

Lance Wade, protection counsel, has resumed his aggressive questioning of Dr. Rosendorff, getting deeply into the weeds on his position in setting Theranos’s lab insurance policies and QC testing with varied emails.

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Erin Griffith

Decide Davila responds with a light-weight dig in opposition to protection: “A few blue fits sitting subsequent to them in a decide’s chambers, what may very well be intimidating about that?” 👔

Erin Griffith headshot

 

Erin Griffith

A media coalition (together with NYT) has argued to unseal the juror questionnaires since we had little visibility into the ultimate choice course of. The decide plans to privately query every juror about what they could need to redact and protection says they need to be there, to which the decide responds that that might be unnecessarily intimidating. Protection disagrees.

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Erin Griffith

Decide Davila stated a journalist contacted a health care provider who contacted the courtroom clerk to level out that one of many protection’s reveals included a affected person’s actual identify, which is a HIPAA violation.

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Erin Griffith

Holmes is right here after all with Billy Evans, her mother and an older man I can’t ID. Earlier than the jury arrives, the legal professionals are arguing about whether or not they can focus on issues at corporations that Dr. Rosendorff labored for after Theranos.

Erin Griffith headshot

 

Erin Griffith

🩸 Again within the courtroom for U.S. v. Holmes. 🩸 The clerk is checking courtroom tickets after a number of e book golf equipment confirmed up final week. Cross-examination of ex-lab director Adam Rosendorff continues.

Erin Woo headshot

 

Erin Woo

With that, we’re breaking for the weekend. Court docket will resume on Tuesday.

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Erin Woo

The federal government asks how lengthy Wade goes to take with cross-examination, on condition that they’ve out-of-state witnesses they need to name subsequent. Wade says he expects it’ll take all day Tuesday. (As a reminder, the general public doesn’t usually get data on what witnesses are coming subsequent.)

Erin Woo headshot

 

Erin Woo

7/19/14 electronic mail from Rosendorff to Balwani defending Theranos’s checks in response to doctor complaints. “I used to be emphatic with Dr. Chen about our rigorous validation and high quality course of,” Rosendorff wrote. He testifies that he believed this on the time.

Erin Woo headshot

 

Erin Woo

With 5 minutes left earlier than we’re scheduled to interrupt for the weekend, we at the moment are discussing customer support. Rosendorff notes that by the point complaints had been escalated to him, they had been often severe points.

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Erin Woo

Wade actually hammering dwelling this level on outlier removing (which is smart — that is one thing that got here up loads in earlier testimony for example of Theranos manipulating outcomes).

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Erin Woo

Wade is urgent Rosendorff to say he permitted of this. “I assumed it was uncommon,” Rosendorff stated. After reminding Rosendorff of what he stated in his deposition, Rosendorff concedes that he permitted it.

Erin Woo headshot

 

Erin Woo

Now onto one thing referred to as the “six tip coverage,” the place there are six outcomes from one pattern. Two outcomes may be discarded, and also you common the opposite 4. Younger developed this course of. Rosendorff says there was no formal SOP about outlier detection.

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Erin Woo

6/4/14 electronic mail from Younger, saying that they’re holding the outcomes of a research after talking with Rosendorff — presumably supporting Wade’s line that Rosendorff is now within the loop.

Erin Woo headshot

 

Erin Woo

In a 6/4/14 electronic mail from Rosendorff, he wrote a HCG plan for Balwani and Younger which stated HCG ought to swap to vacutainer attracts and run on immulite. Wade notes that Rosendorff is “within the loop now.”

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Erin Woo

Younger replies that he up to date Adam over the weekend and agrees that “they need to be working all choices by Adam.”

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Erin Woo

Taking a look at 6/3/14 electronic mail from Balwani to Younger: “Adam got here by my workplace EXTREMELY pissed off that as a lab director he isn’t being saved within the loop.” “This data has to undergo him. … Are you able to guys please contact base with Adam so he’s within the loop,” Balwani provides.

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Erin Woo

Wade asks if Rosendorff stands by his testimony that he didn’t meet with Holmes about HCG on this time interval. Rosendorff says sure.

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Erin Woo

5/30/14: electronic mail from Holmes’s assistant the place she writes that “Elizabeth has requested me to coordinate a CLIA assembly for this afternoon at 4 p.m.”

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Erin Woo

Now seeing Holmes’ calendar for five/29/14, the place she has “assembly with Adam Rosendorff” listed. Rosendorff had testified that he had not met with Holmes.

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Erin Woo

We’re now constructing a timeline being proven to the jury about HCG points, together with varied emails and reveals.

Erin Woo headshot

 

Erin Woo

Wade had Rosendorff affirm that he testified Holmes was much less involved than he was in regards to the HCG points. Then, he confirmed a 4:45 p.m. electronic mail forwarded from Balwani to Holmes about HCG points. Holmes responded six minutes later, asking, “How did that occur?” Wade then strikes on.

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Erin Woo

We’re again from break and switching gears to speak about HCG, the being pregnant check.

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Erin Woo

On 10/15/14, Balwani provides one other assembly, however Rosendorff’s response signifies that he doesn’t want the opposite assembly.

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Erin Woo

Wade now discussing how Daniel Younger despatched a draft Q.C. coverage forward of the assembly, though that was Rosendorff’s accountability. Wade additionally notes that there have been no restrictions on what Rosendorff might focus on throughout the assembly.

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Erin Woo

Wade can be attempting to point out that Theranos DID take Rosendorff’s issues severely. On 10/9/14, Balwani emailed Rosendorff, establishing a gathering to debate his issues. Balwani tried to set it up for the subsequent day, however Rosendorff requested for it to be delayed.

Erin Woo headshot

 

Erin Woo

In at present’s cross-examination, Wade appears to be attempting to poke holes in Rosendorff’s credibility — stating occasions when he was gradual to answer docs, and noting that there was an AAP in place for proficiency testing, opposite to the impression given in earlier testimony.

Erin Woo headshot

 

Erin Woo

Wade asks if something was occurring to make Rosendorff gradual to reply. Rosendorff: “I used to be changing into pissed off at my incapacity to elucidate discrepant outcomes.” Wade presses him that he simply wanted to name the physician again.

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Erin Woo

We’re now seeing one other electronic mail from a health care provider saying he’s ready for a callback from Rosendorff. Wade makes the purpose that that is the second time every week had handed earlier than returning a health care provider’s name. Rosendorff says he had already spoken with him and didn’t notice one other name was wanted.

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Erin Woo

E mail from Rosendorff after speaking to the physician: The physician is “puzzled” in regards to the outcomes, however “the MD is extraordinarily optimistic and enthusiastic about Theranos and desires us to ‘crush Quest Diagnostics.’”

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Erin Woo

There’s a ten/10/14 electronic mail from a customer support rep to Christian Holmes a couple of affected person who redid her labs at Stanford and bought very totally different outcomes.

Christian responds to say they’ll repeat the checks and loop Rosendorff in. Rosendorff was looped in as instructed, however now there’s a followup electronic mail to Rosendorff! Per week had passed by, and he hadn’t returned the telephone name in regards to the affected person.

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Erin Woo

Thus far this morning, Wade’s cross has consisted of going by way of electronic mail chains discussing proficiency testing, seemingly to ascertain that Theranos did have a rigorous proficiency testing protocol in place.

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Erin Woo

We’re beginning off with proficiency testing. Wade will get Rosendorff to agree that he did write a regular working coverage for an alternate evaluation protocol for proficiency testing.

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Erin Woo

Court docket is in session for the fourth (!!) day of testimony by the previous Theranos lab director Adam Rosendorff. (That is the longest any witness has been on the stand to date.)

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Erin Woo

There is no such thing as a redirect, and Sung has been dismissed. Court docket is on recess till Friday.

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Erin Woo

The protection ended on the contract between Celgene and Theranos. Cline stated that the entire “success milestones” had been achieved, and funds had been made, though Sung stated she didn’t have direct information of the cost.

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Erin Woo

John Cline is doing the cross-examination for the protection. He’s beginning by going again by way of the chronology we coated in direct.

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Erin Woo

And now we’re onto cross! This was a really quick direct examination.

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Erin Woo

Sung didn’t inform anybody that Celgene had comprehensively validated Theranos’s know-how.

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Erin Woo

4/2/12 electronic mail from Sung to Daniel Edlin, with Holmes and Younger copied. “We thought it could be nice to maintain her within the loop and conscious of ongoing actions,” Sung stated. The e-mail says Celgene “had determined to easily wait till your next-gen machines are prepared after which deploy them”

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Erin Woo

In additional unhealthy information for Theranos, imply focus profiles weren’t constant between Theranos and QPS, and focus variability was greater with Theranos than with QPS technique. As soon as once more, Sung confirms that focus variability is undesirable.

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Erin Woo

We’re taking a look at a scatter plot exhibiting the vary the place Theranos checks ought to fall. Most of them … don’t fall inside this vary. 67% of samples had >25% distinction in serum focus between Theranos and QPS technique. “It’s not excellent news” for Theranos, Sung stated.

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Erin Woo

Theranos entire blood information confirmed extra fluctuations, which Sung stated was undesirable.

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Erin Woo

Theranos additionally had greater variability. Authorities requested if that was good or unhealthy. Sung chuckled and replied: “Dangerous.”

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Erin Woo

14.1% of Theranos samples didn’t have usable outcomes, in comparison with lower than 2% for QPS.

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Erin Woo

We are able to see a comparability between Theranos and QPS assays. Theranos solely used .25mL of blood in comparison with 2mL for QPS. Theranos additionally used entire blood slightly than serum, which Sung stated was “very good.”

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Erin Woo

7/20/10 electronic mail from Sung to Holmes saying they weren’t capable of validate Theranos’s checks. The outcomes had been “shut” in some instances however not adequate.

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Erin Woo

She had visited Theranos and thinks she met Holmes whereas she was there. She noticed a Theranos machine whereas she was there and stated it seemed like an oven. The thought you can do one thing so small and environment friendly on web site was a “nice concept,” she thought on the time.

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Erin Woo

Celgene entered into an association with Theranos. Her understanding was that Theranos was growing a platform to research the endpoints. She thought they may do it effectively with a really small quantity of blood, which might be a “enormous benefit.”

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Erin Woo

We’re beginning her testimony in 2009, when she labored on a drug referred to as ACE-011 being developed for remedy of anemia and bone loss. Her position was to counsel proteins within the blood to measure that might counsel whether or not the drug was working (e.g., hormones).

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Erin Woo

Dr. Sung bought a Ph.D at Georgetown after which did a postdoc at Stanford earlier than going into trade. She labored in varied biotech corporations, together with Celgene, which was later purchased by Bristol Myers Squibb. She’ll be testifying about her work at Celgene.

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Erin Woo

We’re again in session. The federal government is looking Dr. Victoria Sung. (Rosendorff will choose up on Friday.)

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Erin Woo

After a protracted dialogue of an electronic mail chain about proficiency testing, Rosendorff is finished with testimony for at present. (He has a battle this afternoon.) We’re going to take a 20 minute break after which choose up with a distinct witness for the remainder of the afternoon.

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Erin Woo

Now taking a look at a doc from the American Proficiency Institute that provides “Acceptable” scores to the entire proficiency checks.

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Erin Woo

Wanting now at an electronic mail from Rosendorff: “We’re regularly doing proficiency testing.” Rosendorff testifies to make clear that this was predicate testing.

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Erin Woo

After taking a look at his 2016 testimony (within the binders!), Rosendorff says he nonetheless doesn’t keep in mind telling the federal government that. “I assume the file is appropriate,” he says.

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Erin Woo

We’re now again to the place we began yesterday, discussing Rosendorff’s contact with the federal government. Wade asks Rosendorff if he remembers telling the federal government that Theranos machines used various evaluation proficiency to measure accuracy. Rosendorff says no.

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Erin Woo

Rosendorff beforehand testified there was no formal proficiency testing processes in place. After Wade challenges him, Rosendorff clarifies: There was proficiency testing for predicate testing (industrial checks), however not for Theranos checks

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Erin Woo

Taking a look at a top quality methods presentation for 2014 from Langly Gee, Theranos’s high quality management supervisor. Wade is exhibiting failure charges for Edison high quality management checks. “One thing’s not squaring up,” Rosendorff says — these failure charges are decrease than he thought they had been.

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Erin Woo

Wade is continuous on this line of questioning, noting that Rosendorff testified about issues in June 2014 however signed validation reviews in Aug. and Sept. 2014.

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Erin Woo

Rosendorff testifies that he wouldn’t have continued signing validation reviews for Theranos’s blood testing machine, the Edison, if he thought it was unreliable.

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Erin Woo

We’re again from break! And on to a different Edison validation report.

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Erin Woo

We’re going by way of a Sept. 2013 validation report on the Edison for TSH, a thyroid check. This doc, with Rosendorff’s signature, validates the check for affected person use. Wade is strolling Rosendorff web page by web page by way of the report.

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Erin Woo

Rosendorff testifies that he by no means instructed the CLIA crew to cease utilizing the Edison check altogether, however did on some particular checks.

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Erin Woo

Wade is now noting that Rosendorff was among the many highest-paid staff at Theranos. Rosendorff says that he thought he ought to have been paid extra, given Theranos’s issues, however that is stricken from the file.

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Erin Woo

Rosendorff says he had issues about QC. Wade says he was paid to have issues. “That’s why you receives a commission the massive bucks.” Rosendorff replies: “Not as massive bucks as you receives a commission.” Cue the largest snigger of the trial up to now.

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Erin Woo

Wade is making a degree he’s made earlier than, that high quality management samples aren’t affected person samples — noting that “nothing unhealthy occurs” to sufferers if a QC check fails.

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Erin Woo

We at the moment are on to a mid-Jan 2014 electronic mail from Rosendorff to the CLIA lab crew asking them to discuss with very detailed quality-control insurance policies.

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Erin Woo

Balwani’s response: “I spoke with the groups at present and they’re all going to place in lengthy hours and do no matter it takes to get this accomplished tomorrow.” Rosendorff testifies: “I had many many battles with Sunny about what was wanted versus what he was ready to permit.”

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Erin Woo

Rosendorff added: “I do really feel that it was very troublesome to get solutions from Daniel’s crew.” In a later electronic mail, Rosendorff doubles down on needing the specificity research: “No they’re required. Crucial the truth is.”

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Erin Woo

From the e-mail chain. Balwani: “As we all know, we take these points with seriousness. Why didn’t you increase these earlier than to me once I was asking for any points for months?” Rosendorff: “My apologies for the late suggestions concerning our readiness …”

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Erin Woo

Notable frustration from Rosendorff after he tries to make a degree and Wade cuts him off: “I’m simply studying emails and saying, sure, that’s what’s taking place right here.”

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Erin Woo

We’re now onto dialogue of the Walgreens launch. In a 11/10/13 electronic mail to Balwani, Rosendorff flagged points that wanted to be addressed earlier than the Walgreens launch. Wade is strolling him by way of the e-mail chain with Balwani, level by level.

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Erin Woo

After many questions establishing that Rosendorff didn’t conceal Normandy lab from the inspectors, Wade notes that the inspection discovered “minor deficiencies.” Rosendorff says that Holmes and Balwani had been upset that there have been deficiencies and {that a} clear report would have been “excellent.”

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Erin Woo

Wade is attempting to make the purpose that this was to protect commerce secrets and techniques. Rosendorff says this doesn’t make sense, asking who would pin commerce secrets and techniques to a bulletin board.

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Erin Woo

We’re wanting once more on the electronic mail from Elizabeth Holmes about strolling the auditors by way of the lab. We’re now seeing the response: “All the bulletin boards from the foyer to HR had been coated with paper so the inspector couldn’t view any of the drawings or gadgets on the boards.”

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Erin Woo

Wade is beginning by asking questions in regards to the Dec. 2013 CA Dept. of Public Well being audit that we mentioned yesterday. Wade’s going by way of a doc itemizing preparations for the audit as he tries to ascertain that Rosendorff had accountability right here.

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Erin Woo

Court docket is in session for one more day of the Elizabeth Holmes trial! We’re persevering with with the cross-examination of former Theranos lab director Adam Rosendorff, which protection legal professional Lance Wade expects to take all day.

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Erin Woo

Rosendorff requested for a loo break, and we’re as an alternative ending for the day! Will choose again up at 9 a.m. Pacific Time tomorrow.

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Erin Woo

Essential content material: The custom-built laboratory data system was named Tremendous Mario. (Different enjoyable names: Jurassic Park = the lab with the entire customary machines, Normandy = the lab with Theranos machines.)

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Erin Woo

Cross examination has been a lot slower and calmer now that we’re again from break. Much less urgent Rosendorff to reply particular questions and extra jokes.

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Erin Woo

Wade is holding up a duplicate of the e book and speaking in regards to the significance of its PR and advertising efforts, in addition to its secrecy.

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Erin Woo

Rosendorff learn Walter Isaacson’s Steve Jobs biography and favored the thrill of Silicon Valley, which helped lead him to Theranos. (That Steve Jobs biography was a favourite of Holmes’s, too.)

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Erin Woo

We’re again from break! And we’ve taken an enormous step again in time — now wanting on the resume Rosendorff despatched Theranos when he utilized in 2013.

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Erin Woo

We’re now going forwards and backwards on who was concerned within the R&D course of. Rosendorff says he was not conscious on the time if Holmes was concerned with R&D. Per the grasp validation plan, Rosendorff needed to log out on every assay earlier than it could possibly go into validation.

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Erin Woo

We’re going by way of what checks had been provided throughout the family and friends launch. The one checks run by way of 9/28/13 had been two that didn’t run on the Edison, Rosendorff confirms. The primary Edison-based check, TSH, a measure of thyroid operate, was run 10/17/2013.

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Erin Woo

Wade additionally retains having Rosendorff learn his personal testimony, silently, to himself. That’s taking place once more now.

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Erin Woo

Within the electronic mail, Balwani writes, “We really feel assured we are able to deal with ~30 samples/day from this location at this level. And it has been 2 months since now we have been out in WAG [Walgreens]. It’s time to go stay.” Wade now attempting to make the purpose that that they had not beforehand been stay.

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Erin Woo

Discovered it! We at the moment are taking a look at an 11/7/13 electronic mail from Balwani to Rosendorff about opening their Palo Alto/Uni Ave location to the general public on the approaching Monday. It had beforehand solely been open to buddies/household.

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Erin Woo

We at the moment are, as soon as once more, looking for the proper pages within the MANY binders the protection gave Rosendorff.

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Erin Woo

Wade is now saying that Rosendorff testified earlier to a grand testimony that it was a “restricted family and friends” however didn’t achieve this on Friday.

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Erin Woo

We at the moment are on to the industrial launch. In an electronic mail that we noticed in direct, Rose Edmonds (a improvement scientist) says that not one of the assays are fully through validation testing. Rosendorff had testified that is vital as a result of they had been only a week from launch.

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Erin Woo

Wade gave a hypothetical the place Rosendorff had rotten meals in his workplace, and subordinates complain to Balwani. Rosendorff continued to look confused, and Wade is now transferring on.

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Erin Woo

We at the moment are … asking about firm hierarchy? (Rosendorff reported on to Balwani, and Younger was additionally above him.) “Are there ever circumstances the place it’s applicable for senior administration to have discussions a couple of subordinate?” Wade asks. Rosendorff appears confused.

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Erin Woo

Rosendorff additionally served as Theranos’s scientific guide. Holmes wouldn’t qualify for this both.

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Erin Woo

Wade is asking about Holmes’s schooling. Famously, she dropped out of Stanford. “Primarily based in your understanding of her background, would she be certified to be a CLIA supervisor or lab director? Rosendorff: “No, positively not.”

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Erin Woo

Wade says, and Rosendorff concedes, that in the end it was Rosendorff’s accountability if the checks failed and his accountability to implement high quality management insurance policies and proficiency checks.

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Erin Woo

Rosendorff is agreeing with Wade’s questioning that Holmes by no means instructed him to report an inaccurate outcome, and that Holmes by no means directed him to not pause or discontinue checks he thought had been inaccurate.

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Erin Woo

Wade: “Did you ever use a check on sufferers that you just believed was inaccurate or unreliable?” Rosendorff: “No.” Did he ever present outcomes that he believed to be unreliable? “No.”

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Erin Woo

Wade: “Did you faithfully dispatch your authorized obligations as lab director at Theranos?” Rosendorff: “Sure, I did.” Wade: “Did you provide lab checks that you just knew on the time had been inaccurate or unreliable?” Rosendorff: “No … I ordered the laboratory to stop testing.”

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Erin Woo

Two themes of cross to date: Wade appears to be attempting to show that Rosendorff labored with the federal government in shaping his testimony, and is hammering dwelling that Rosendorff was legally and ethically liable for the lab.

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Erin Woo

Rosendorff confirms that he was acquainted with the laws. Wade is now asking a collection of questions on Rosendorff’s obligations: “You’re required to…?” Rosendorff says these are his obligations, however “I obtained pushback from administration.”

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Erin Woo

Wade is now holding up a stack of papers (perhaps an inch thick?) and asking if Rosendorff knew all of these laws, presumably the stack of papers he’s holding. Davila, the decide: “You’re asking to confess everything of this doc? It’s what number of pages? 122?” It’s admitted.

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Erin Woo

We’re into Rosendorff’s time at Theranos! Wade requested him if being the CLIA lab director meant he was legally liable for what occurred within the lab, and Rosendorff stated sure.

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Erin Woo

Wade is continuous to attempt to choose aside the prosecution’s case, noting that they didn’t go in chronological order by way of the paperwork. He nonetheless hasn’t actually requested about Rosendorff’s precise experiences at Theranos.

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Erin Woo

Wade is arguing that Rosendorff’s testimony in direct doesn’t match what he testified in 2019. Earlier, he simply stated he wasn’t happy with administration’s response to proficiency testing. His testimony on Friday was extra detailed.

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Erin Woo

We’re now into questioning in regards to the testimony itself. Wade is asking Rosendorff about his causes for leaving Theranos. Wade asks if Rosendorff mentioned that query/reply with the federal government. Rosendorff says sure.

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Erin Woo

Wade presses him on whether or not he instructed the federal government what he was going to testify.

Rosendorff says no.

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Erin Woo

Wade is now asking about how Rosendorff was ready to testify by the federal government. Rosendorff: “I used to be all the time instructed by the federal government to be truthful.” Wade requested: “Did they let you know to offer that reply?” Rosendorff: “No.”

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Erin Woo

Wade goes by way of a listing of individuals and asking Rosendorff if he’s met every of them. His tone is much extra aggressive than with earlier witnesses.

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Erin Woo

We’re beginning with cross-examination. Lance Wade, Holmes’s lawyer, is beginning by grilling Rosendorff on what number of occasions he’s met with the federal government.

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Erin Woo

And, with that, his direct testimony has wrapped. We’ll choose up with cross-examination after a 30-min. break.

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Erin Woo

Finally, Rosendorff stated, he left after “countless conferences and conversations, very cautious research of medical literature, late nights … nice efforts on my half to enhance the standard of testing at Theranos.”

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Erin Woo

Rosendorff testified about why he spoke with then-WSJ reporter John Carreyrou: stated he felt a “ethical and moral” obligation to alert the general public.

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Erin Woo

Bostic identified the road “We’ll execute this yr.” When did Theranos begin testing? he requested. Rosendorff responds: 2013.

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Erin Woo

Extra texts from Holmes/Balwani! Holmes: “This yr is our yr. We are able to always remember this tiger.” Balwani: “I do know, I’m centered on it. We’ll execute this yr.” Holmes: “I do know. I’m centered on it too. And for our youngsters always remember who we’re.”

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Erin Woo

On Rosendorff’s final day, he says Balwani provided a handshake, and he declined. Balwani gave him exit paperwork to signal. Balwani stated he can be ready to maintain him on, however Rosendorff stated it wasn’t definitely worth the threat to his fame.

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Erin Woo

Holmes forwarded it to Balwani: “We have to reply to him now and reduce him Monday.” Rosendorff had already accepted a job provide at one other lab and was planning on leaving — interpreted this as them attempting to fireplace him proper earlier than he left.

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Erin Woo

Nov. 2014 electronic mail to Rosendorff asking for a redraw. Rosendorff forwarded this to Holmes/Balwani, and Balwani stated the rep “jumped the gun” asking for a redraw. Adam forwarded this to Elizabeth: “I discover Sunny’s response offensive and disingenuous. He ought to apologize.”

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Erin Woo

Gov’t attempting to make the purpose that Holmes/Balwani are actively courting investments at the same time as Rosendorff raises issues about essential issues within the lab.

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Erin Woo

We’re now taking a look at Nov. 2014 texts between Balwani and Holmes, speaking about investments from Alice Walton and Rupert Murdoch. Balwani: “They don’t seem to be investing in our firm, they’re investing in our future.”

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Erin Woo

“…how basic it’s to all of us for you or another worker by no means to do something you’re not fully assured in.” Rosendorff says he disagrees with this, and we’ve seen emails exhibiting that he raised issues.

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Erin Woo

Holmes’s response (pt. 1): “How unhappy and disappointing to see this from you. Exterior of the actual fact you’ve by no means emailed me on any issues you allude to there earlier than however now electronic mail this, you understand from each dialog we’ve ever had collectively …”

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Erin Woo

Now taking a look at Nov. 14 emails from Rosendorff. “I really feel actually uncomfortable with what is occurring proper now on this firm. Is there any approach you will get Spencer again on the CLIA [Clinical Laboratory Improvement Amendments] license and take me off? I’m feeling pressured to vouch for outcomes that I can’t be assured in.”

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Erin Woo

Christian forwarded the e-mail to Elizabeth, writing: “His response to this was to do a vacutainer redraw & I ended the dialog at that time.” A vacutainer draw is a non-Theranos retest.

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Erin Woo

He continued: “Additional 100% honesty and transparency to the affected person is important. “My first obligation is to not Theranos, however to the affected person as per my Hippocratic oath “primum non nocere.” “I by no means stated I wouldn’t speak to the MD.”

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Erin Woo

In an electronic mail to Christian, Rosendorff doubled down. “This isn’t a query of decoding outcomes — this can be a query of the reliability and accuracy of the outcome.” “Probably the most constructive factor at this level is to supply dependable and sturdy assays, to not spin.”

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Erin Woo

Nov. electronic mail from Rosendorff in regards to the affected person name to Christian: “When you’re asking me to defend these values then the reply isn’t any.” He was refusing to defend the accuracy of the outcome, Rosendorff testifies.

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Erin Woo

Emails like this contributed to a “crescendo” of points, Rosendorff testifies, resulting in his resignation in Nov. 2014.

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Erin Woo

Taking a look at an electronic mail from a medical assistant involved that HDL and LDL (ldl cholesterol) readings aren’t including up. That raises issues in regards to the accuracy of the check, Rosendorff testifies.

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Erin Woo

In a follow-up electronic mail from Holmes: “Kerry please delineate this primarily based on what we did with the NY inspector just lately and ship that out.” Nobody was allowed to enter or exit the Normandy lab throughout the go to, Rosendorff stated. These instructions got here from Balwani.

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Erin Woo

1/26/13 electronic mail from Holmes in regards to the upcoming audit from the California Dept. of Public Well being: “Let me know if the trail for strolling the auditors in and downstairs has been cemented so we keep away from areas that can not be accessed, and what that path is.”

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Erin Woo

Christian forwarded the message to Daniel Younger and cc’d Elizabeth. In a later electronic mail to Elizabeth and Daniel, Christian wrote that Rosendorff already permitted the redraw. “Want to debate messaging for my name with this doc, with regard to cause for the redraw,” Christian wrote.

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Erin Woo

Now taking a look at an electronic mail to Christian Holmes to approve a redraw, regardless of his not having a place within the scientific lab or a medical/science background. Rosendorff says he wasn’t conscious Christian was concerned in approving redraws.

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Erin Woo

Now onto discussing transparency. “I felt a battle between the messaging that the corporate wished me to offer … and my obligation as a doctor” to precisely report outcomes when speaking with docs, Rosendorff says.

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Erin Woo

In an electronic mail chain in regards to the proficiency testing samples, Balwani wrote that Theranos’s validation has been “glorious prior to now” and that “it’s these PT samples which are off.” Rosendorff testifies that he disagrees.

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Erin Woo

There was no formal proficiency testing course of at Theranos, Rosendorff says. He says he raised these issues at a mid-2014 assembly to folks together with Holmes, Theranos’s president, Ramesh Balwani, and the VP Daniel Younger. He felt like they gave “lip service” to this situation, and there was no progress made earlier than he left in November.

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Erin Woo

Rosendorff’s response to conditions like this: “Each time we bought a doctor grievance, each time our QC would fail, each time we had a spate of anomalous outcomes, it raised nice issues to me in regards to the accuracy of the testing course of.”

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Erin Woo

We’re taking a look at an electronic mail from somebody who has been on coumadin, a blood thinner remedy, for 13 years. After switching to Theranos testing, her outcomes got here again low, and he or she elevated her dose consequently. “I’ve not felt ‘proper’ for the reason that one elevated dose,” she wrote.

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Erin Woo

I’m again within the courtroom for one more day of the Elizabeth Holmes trial! We’re beginning with the top of former lab director Adam Rosendorff’s direct testimony.

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Erin Woo

With that, we’re going to interrupt for the weekend. I’ll be within the courthouse Tuesday, Wednesday and Friday subsequent week — see you on Tuesday!

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Erin Woo

For the previous hour, Rosendorff has testified about issues w varied checks, incl. the potassium, chloride and sodium checks. In a ten/27/14 electronic mail, he wrote: “I’m not certain of the scientific worth of a sodium assay, during which the one time we are able to report it’s when it’s not essential”

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Erin Woo

We’re now moving into Rosendorff’s resolution to depart. He forwarded work emails with problems with concern to his Gmail account in 2014, testifying that “I wished to guard myself.” He additionally says he began in search of one other job in mid-2013, shortly after becoming a member of Theranos.

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Erin Woo

At this time’s theme appears to be a) Rosendorff was involved about defective checks, b) Rosendorff advisable the corporate cease utilizing these checks and c) Holmes/Balwani had been conscious however declined to vary course.

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Erin Woo

We’re now on points with Theranos’s HDL (ldl cholesterol) checks. Rosendorff says he “suspected” Theranos’ HDL was not working as of Feb. 2014 and recommended reverting to FDA-approved units, however obtained pushback from Balwani, Holmes and Theranos VP Daniel Younger.

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Erin Woo

We’ve now seen two electronic mail chains together with Holmes/Balwani about complaints/points that Rosendorff wasn’t included on. Rosendorff says he “completely” ought to have been included on the emails.

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Erin Woo

Rosendorff is testifying about points with the hCG checks, which detect being pregnant. In June 2014, Christian Holmes wrote to Elizabeth: “Simply fyi-hCG proper now inflicting some severe points and affected person complaints.”

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Erin Woo

We’re evaluating Rosendorff’s time on the College of Pittsburgh to his time at Theranos. At Theranos, complaints about check outcomes had been “way more frequent,” and he “felt pressured to defend the corporate’s outcomes to physicians,” he stated.

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Erin Woo

Theranos units failed so ceaselessly that it raised questions in regards to the accuracy of the outcomes, Rosendorff testifies. Efficiency of Theranos assays was worse than non-Theranos analyzers.

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Erin Woo

Rosendorff is now discussing high quality management. As we discovered in Cheung’s testimony, high quality management occurred as soon as a day, and machines can be recalibrated in the event that they failed. This was a frequent dialogue subject at Theranos, he testifies.

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Erin Woo

Rosendorff had a gathering w Holmes the place he expressed his issues. She was very nervous and was not her traditional composed self, he stated: She was trembling, knee was shaking, she was very upset.

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Erin Woo

In an electronic mail to Holmes, Rosendorff wrote that “A number of extra weeks to kind by way of these medical and logistical points, and getting the right stage of coaching and staffing would assist us tremendously.”nd staffing would assist us tremendously.”

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Erin Woo

An electronic mail from Rose Edmonds from 9 days earlier than the launch says “none of our assays are fully by way of validation together with scientific pattern testing with fingerstick.” Underneath CLIA regulation, the checks should be validated correctly earlier than they can be utilized for affected person care.

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Erin Woo

Main as much as Sept 2013 industrial launch, there was “a number of anxiousness” in regards to the appropriateness of utilizing modified checks for affected person care. The final temper of the corporate was “very optimistic,” however some had been questioning why Theranos wasn’t utilizing its personal units.

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Erin Woo

The downstairs Theranos lab, which contained the Theranos Edison units, was referred to as Normandy, Rosendorff stated. In accordance with Rosendorff, Balwani referred to as the upstairs lab with typical units Jurassic Park: Balwani “believed the standard units had been dinosaurs.”

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Erin Woo

Rosendorff beginning sturdy with why he give up Theranos, incl. unwillingness of administration to carry out proficiency testing and feeling pressured to vouch for checks he wasn’t assured in. Additionally: “The corporate was extra about PR and fundraising than affected person care.”

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Erin Woo

The federal government is looking former Theranos lab director Adam Rosendorff at present within the trial of Elizabeth Holmes. Per prosecutor John Bostic, this testimony is prone to take all day.

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Erin Griffith

Mattis is finished and now a prosecutor is studying textual content messages between Holmes and Balwani whereas a forensics man from PWC says “sure” and “appropriate.” I assume that is how they need to current this proof however it’s actually actually weird.

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Erin Griffith

On redirect: Why did Mattis initially assist Holmes after the WSJ expose after which change his thoughts? There have been too many surprises, he stated. “We had been unable to assist her on the elemental points that she was grappling with if we solely noticed them within the rearview mirror.”

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Erin Griffith

We take a look at Mattis’ emailed response to Holmes after the WSJ article. “Be swift in response with unassailable reality,” he wrote. “I’ve full religion in our plan.”

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Erin Griffith

He additionally asks if Mattis knew Theranos was doing blood checks in a central lab.
Mattis: “I assumed the central Theranos lab was the Theranos machine.”

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Erin Griffith

In cross-exam, Holmes lawyer Kevin Downey requested Gen. Mattis about his {qualifications} to judge Theranos’s know-how and be a board director.

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Erin Griffith

Initially Mattis thought the issue was fixable — the corporate merely tousled its messaging and will come clear. Quickly after, he started to query whether or not or not the Edison machine labored. “There simply got here a degree once I didn’t know what to imagine about Theranos anymore.”

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Erin Griffith

After WSJ article, board members emailed Holmes in regards to the allegations. Her response: Theranos was transitioning from working below one laboratory framework to a different. Mattis: “I used to be nonetheless confused.” At a minimal, “we had a fame drawback right here and an integrity drawback.”

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Erin Griffith

Ominous. After Theranos discovered a couple of 2015 WSJ article by John Carreyrou that uncovered issues with Theranos’s know-how, there was a board assembly with a slide titled “Responsibility of Loyalty.” We’re proven that slide, besides it’s comically redacted — all content material blacked out — and Mattis doesn’t keep in mind it.

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Erin Griffith

We see an electronic mail from Holmes instructing Mattis that, in an interview with Ken Auletta of The New Yorker, he can’t focus on “how our know-how works (i.e. that there’s a single machine that does all checks)”

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Erin Griffith

Fortune printed a protracted correction to that article, which I don’t keep in mind seeing from a number of different shops that wrote optimistic tales. Parloff is listed as a witness and protection is making an attempt to compel him to show over his notes.

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Erin Griffith

Assistant U.S. legal professional John Bostic pulls up Fortune’s 2014 cowl story about Theranos. Mattis spoke to the reporter, Roger Parloff, and stated Holmes gave him steering on what he might and couldn’t say.

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Erin Griffith

Nonetheless attempting to coach my mind to not hear “amino acid” each time they are saying “immunoassay”

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Erin Griffith

Theranos bought a number of mileage out of a 2013 WSJ article! We see an electronic mail the place Holmes sends Mattis the hyperlink, in addition to a slide of it in a Theranos board presentation

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Erin Griffith

We’re going by way of this board presentation, which has a slide claiming Theranos’s tech had been validated by 10 of the 15 largest pharmaceutical corporations, alongside logos of FDA & WHO and a quote from Johns Hopkins.

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Erin Griffith

What had been your sources for details about the corporate? Mattis: “Ms. Holmes.” “Was she the first supply?” “The only supply.”

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Erin Griffith

Mattis additionally invested $85k into Theranos, which he stated was a major sum “for somebody who had been in govt. service for 40 years.”

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Erin Griffith

Did you settle for Ms. Holmes’s invitation to hitch Theranos’s board? “Sure I did, after asking why. I used to be not a medical particular person.” She stated she wished his mgmt. and organizational expertise.

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Erin Griffith

Mattis testified that he was not conscious of Theranos units ever getting used on battlefields, army helicopters, clandestine operations…

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Erin Griffith

Mattis testified that Holmes was “very aggressive” at wanting the army pilot program to get going. “She was very assured that if we bought it in there, it could show itself.” He knew it was a start-up, however famous that Holmes had been engaged on it for a decade by 2013.

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Erin Griffith

oy, one other electronic mail the place Mattis calls Holmes “younger Elizabeth.”

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Erin Griffith

Holmes was the one telling him in regards to the Theranos machine’s capabilities, he stated. “I used to be frankly amazed at what was potential.” However he added: “That didn’t take the place of getting the machine show itself.”

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Erin Griffith

Mattis testified the scale of the Theranos machine and its promised capabilities made it so engaging to potential army use. Accuracy and reliability had been essential given the casualties, he stated. “The stakes are very excessive.”

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Erin Griffith

In a single electronic mail, Mattis instructed Holmes he desires to discover a pilot challenge to check Theranos machines alongside the military’s present methods to match. Mattis testified that he was very “taken” by the chances of utilizing a drop of blood for diagnostics.

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Erin Griffith

Mattis, a U.S. basic and former secretary of protection, was on Theranos’s board between 2013 and 2016.

We begin by taking a look at 2011 emails between them after assembly. In a single, Mattis writes, “thanks on your observe, younger Elizabeth, and I want you each success.”

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Erin Griffith

On the courthouse for US v. Holmes. James Mattis has taken the stand.

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Erin Griffith

Gould’s testimony lasted round quarter-hour – From behind a transparent masks, she bought emotional discussing her expertise discovering out by way of Theranos checks that, after three miscarriages, her fourth being pregnant was not viable. The completely satisfied ending is that it was. She had a child. Adjourned!

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Erin Griffith

Protection wraps up by stating that Zachman’s observe had many many check outcomes from Theranos past Ms. Gould that appeared to be effective. Decide Davila is raring to maintain going, though we’re over on time at present. Brittany Gould takes the stand.

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Erin Griffith

Protection works to chip away on the testimony by implying that the Theranos check outcomes merely existed on a distinct scale and will have been “rebaselined.” Additionally famous that Holmes’s brother Christian, who responded to Zachman’s grievance in regards to the outcomes, apologized.

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Erin Griffith

Oh my, Theranos provided Zachman a “corrected” model of the outcomes which merely eliminated a decimal level however the she says numbers nonetheless wouldn’t have made sense throughout the context of a viable being pregnant or a lack of one.

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Erin Griffith

“This circumstance was very impactful to me because it stood out as such a crimson flag for the being pregnant.”

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Erin Griffith

Gould took 5 blood checks, 3 from a subsidiary of Quest Diagnostics and a couple of from Theranos. She went on a rollercoaster, with the Quest check exhibiting she was pregnant, the 2 Theranos checks exhibiting a miscarriage, and a couple of extra Quest checks exhibiting she was certainly nonetheless pregnant.

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Erin Griffith

Zachman describes the case of a affected person named Brittany Gould (sp?) who had had 3 miscarriages. She got here to see Gould after a optimistic at-home being pregnant check “to ascertain that sure, she is pregnant and take a look at the well being of the being pregnant.”

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Erin Griffith

Zachman was on a committee that evaluated service suppliers and her observe adopted Theranos blood checks round 2014. Theranos even arrange a lab downstairs from certainly one of her observe’s places of work, which Zachman stated was “very thrilling.”

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Erin Griffith

New witness: Audra Zachman, a nurse practitioner at an OB-GYN observe.

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Erin Griffith

I’ve loved chatting with a few of the trial-heads and and followers of justice who’ve proven as much as watch (supplied they don’t seem to be moles :). At this time I met a retired paralegal who says he was on the Patty Hearst trial!!

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Erin Griffith

Redirect up. US Lawyer Robert Leach reminds jurors that when Gangakhedkar resigned from Theranos, she had issues in regards to the reliability of Theranos’s checks and mentioned them with Holmes.

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Erin Griffith

Extra unhealthy boss/good boss content material: We see an electronic mail Gangakhedkar despatched to Balwani defending how onerous her crew was working + an electronic mail she despatched to her crew praising their lengthy hours. She then resigned from Theranos and Holmes tried to get her to remain, providing day off.

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Erin Griffith

Protection beforehand confirmed that Holmes let Gangakhedkar go to India to see household, portray her as a sympathetic boss and Balwani because the aggressive one. “[Balwani’s] attempting to make you are feeling responsible that you just weren’t working?” “Sure” “You had been pissed off by that?” “Sure.”

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Erin Griffith

We’re nonetheless doing cross-examination of Gangakhedkar.

Wade reveals an electronic mail from the previous Theranos president, Ramesh Balwani (who goes by Sunny), chastising the lab staff for not working as onerous as his software program crew, portray him because the one pushing unrealistically for overwork.

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Erin Griffith

Zachman will now provide knowledgeable testimony on decoding HCG checks (a hormone used to determine being pregnant standing)

You anticipate HCG ranges to double each 48 hours or so in early being pregnant.

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Erin Griffith

Wade goes on a run of questions (peppered with “sure” responses by Gangakhedkar) arguing that the purpose of R&D is encountering points and setbacks and fixing them.

“In R&D typically it’s important to fail earlier than you possibly can succeed proper?”
“Sure.”

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Erin Griffith

We see an electronic mail the place Holmes requested Gangakhedkar for some testing information forward of a gathering with the DoD. Gangakhedkar emails that Vitamin D information is not prepared and Holmes writes asking for information on different checks. The purpose is, apparently, take a look at this instance of Holmes not doing fraud.

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Erin Griffith

The Protection technique re: Theranos lab issues appears to be: look, actual work was being accomplished; there have been processes in place that certain appeared rigorous; the very folks stating issues additionally signed off on all of it.

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Erin Griffith

Thus far it’s principally a name and response, the place Wade describes work of Gangakhedkar + Theranos’s lab, and Gangakhedkar replies “sure.” “Had been you happy with that work?” “Sure.” “And others on the firm had been completely satisfied about that work as effectively?” “I believe so.”

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Erin Griffith

Again within the San Jose courtroom at present for extra US v Holmes. Surekha Gangakhedkar, a scientist at Theranos, is again on the stand being cross-examined by Holmes’s lawyer Lance Wade.

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Erin Woo

With that, Decide Davila is ending Gangakhedkar’s testimony for the day and instructing jurors to not eat media content material in regards to the trial, as all the time. The trial will resume on Tuesday — Erin Griffith can be on the courthouse to carry you reside updates.

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Erin Woo

We at the moment are onto cross-examination. Holmes’s lawyer is questioning her about G.S.Ok.’s research of Theranos’s assays, stating that the research promoted her work. “The Theranos system eliminates the necessity for a lab and supplied high quality information,” the G.S.Ok. memo stated.

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Erin Woo

Regardless of having signed an N.D.A., Gangakhedkar printed out some paperwork and took them dwelling when she left Theranos. “I used to be frightened that I might be blamed,” she testified.

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Erin Woo

Three days after the e-mail from Balwani, Gangakhedkar despatched Holmes her resignation electronic mail. She testified that she was “very pressured and sad and anxious” with the planning of the Walgreens launch.

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Erin Woo

In an electronic mail from Balwani to Gangakhedkar, with Holmes copied, Balwani stated the software program crew had been working till 3:07 a.m., however that the Edison blood-testing units Gangakhedkar’s crew labored on had been “all sitting idle.” This was an instance of the strain they had been below, Gangakhedkar stated.

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Erin Woo

And, with that, Cheung has been dismissed. The federal government is looking Surekha Gangakhedkar now, a former Theranos crew supervisor.

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Erin Woo

The federal government is now asking questions on a doc that claims, amongst different issues, that Theranos’s units “may be operated with minimal coaching” and that its outcomes have “precision and accuracy equal to conventional scientific laboratory analyzers.” Neither is true, Cheung says.

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Erin Woo

Cheung stated they had been always having to recalibrate the machines, which made outcomes take 2-3 days slightly than the couple hours promised. “We had folks sleeping within the automobile as a result of it was taking too lengthy,” she stated.

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Erin Woo

Cheung simply stated she “turned involved a couple of month in” with the vitamin D samples, in November of 2013. She was involved in regards to the efficiency of the checks and that they had been getting used on affected person samples.

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Erin Woo

Protection is finished with cross-examination, after exhibiting Cheung Theranos coverage paperwork she stated she’d by no means seen. The federal government is now asking questions once more for redirect.

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Erin Woo

Holmes’s lawyer is asking Cheung a number of questions on high quality management checks that occurred on the Theranos units. “There’s a recognition that some errors would occur and this was the coverage on learn how to take care of these errors,” he stated.

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Erin Woo

Erika Cheung is now taking the stand as cross-examination continues.

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Erin Woo

The replace you have all been ready for: The decide is STILL saying it ther-AH-nos.

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Erin Woo

Within the courthouse now for one more day of the Elizabeth Holmes trial. We’re anticipating to wrap up testimony at present from Erika Cheung, one of many key whistleblowers within the case.

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Erin Griffith

That’s it for at present.🩸💉⚖️

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Erin Griffith

Thus far the theme of the cross-exam of Cheung appears to be utilizing excruciatingly arcane particulars in regards to the processes and procedures of the Theranos lab to point out that its work was very sophisticated, involving numerous sensible, pedigreed folks.

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Erin Griffith

Cheung testified that in conferences about high quality management failures, Theranos’s lab administrators ignored the obvious potential cause for the failures: “The Edison units didn’t work.”

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Erin Griffith

Trial gear alert: A reporter introduced their very own binoculars to see the reveals on the TV screens.

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Erin Griffith

Erika Cheung is again on the stand.

She described Theranos’s observe of demoing blood checks for V.I.P.s, the place a few of the outcomes got here from Theranos machines and others from Siemens analyzers.

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Erin Griffith

At this level now we have heard legal professionals and witnesses pronounce “Theranos” lots of of occasions, making me begin to wonder if decide is attempting to mess with us by sticking to his “ther-AHHHHH-nos” pronunciation.

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Erin Griffith

I ought to observe the lady who clapped and yelled “you’re a very good mother!” at Holmes yesterday instantly stormed out of the courtroom after Decide Davila warned everybody that yelling stuff like that in entrance of any jurors might trigger a mistrial. I don’t see her right here at present!

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Erin Griffith

Elizabeth Holmes’s entourage is down to only her mother at present.

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