Business News Live Updates: Scarlett Johansson Settles ‘Black Widow’ Lawsuit

Oct 1, 2021
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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 mentioned. 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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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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We’re taking a look at a scatter plot displaying the vary the place Theranos assessments 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 mentioned.

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Theranos entire blood knowledge confirmed extra fluctuations, which Sung mentioned was undesirable.

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

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

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We will 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 somewhat than serum, which Sung mentioned was “very good.”

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

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

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

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

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Dr. Sung obtained a Ph.D at Georgetown after which did a postdoc at Stanford earlier than going into business. 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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We’re again in session. The federal government is asking Dr. Victoria Sung. (Rosendorff will choose up on Friday.)

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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 unique witness for the remainder of the afternoon.

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

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Trying 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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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 right,” he says.

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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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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 (business assessments), however not for Theranos assessments

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

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

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

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

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We’re going by means 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 means of the report.

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Rosendorff testifies that he by no means advised the CLIA staff to cease utilizing the Edison check altogether, however did on some particular assessments.

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Wade is now noting that Rosendorff was among the many highest-paid workers 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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Rosendorff says he had considerations about QC. Wade says he was paid to have considerations. “That’s why you receives a commission the large bucks.” Rosendorff replies: “Not as massive bucks as you receives a commission.” Cue the largest chuckle of the trial to this point.

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

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

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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 after I was asking for any points for months?” Rosendorff: “My apologies for the late suggestions relating to our readiness …”

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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 occurring right here.”

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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 means of the e-mail chain with Balwani, level by level.

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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 “ideally suited.”

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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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We’re trying once more on the electronic mail from Elizabeth Holmes about strolling the auditors by means 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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Wade is beginning by asking questions concerning the Dec. 2013 CA Dept. of Public Well being audit that we mentioned yesterday. Wade’s going by means of a doc itemizing preparations for the audit as he tries to determine that Rosendorff had accountability right here.

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8 hours in the past

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Courtroom 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 lawyer Lance Wade expects to take all day.

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

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Vital content material: The custom-built laboratory info system was named Tremendous Mario. (Different enjoyable names: Jurassic Park = the lab with all the normal machines, Normandy = the lab with Theranos machines.)

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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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Wade is holding up a replica of the guide and speaking concerning the significance of its PR and advertising and marketing efforts, in addition to its secrecy.

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

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

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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 off on every assay earlier than it could actually go into validation.

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We’re going by means of what assessments had been supplied in the course of the family and friends launch. The one assessments run by means 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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Wade additionally retains having Rosendorff learn his personal testimony, silently, to himself. That’s occurring once more now.

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

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

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

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

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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 shifting on.

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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 few subordinate?” Wade asks. Rosendorff appears confused.

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

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Wade is asking about Holmes’s training. 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, undoubtedly not.”

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

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

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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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Wade: “Did you faithfully dispatch your authorized obligations as lab director at Theranos?” Rosendorff: “Sure, I did.” Wade: “Did you provide lab assessments 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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Two themes of cross so far: Wade appears to be attempting to show that Rosendorff labored with the federal government in shaping his testimony, and is hammering house that Rosendorff was legally and ethically accountable for the lab.

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

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Wade is now holding up a stack of papers (possibly 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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We’re into Rosendorff’s time at Theranos! Wade requested him if being the CLIA lab director meant he was legally accountable for what occurred within the lab, and Rosendorff mentioned sure.

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

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

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We’re now into questioning concerning 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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Wade presses him on whether or not he advised the federal government what he was going to testify.

Rosendorff says no.

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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 inform you to offer that reply?” Rosendorff: “No.”

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

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

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

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

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

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Extra texts from Holmes/Balwani! Holmes: “This yr is our yr. We will always remember this tiger.” Balwani: “I do know, I’m centered on it. We are going to 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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On Rosendorff’s final day, he says Balwani supplied a handshake, and he declined. Balwani gave him exit paperwork to signal. Balwani mentioned he could be ready to maintain him on, however Rosendorff mentioned it wasn’t well worth the threat to his repute.

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

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Nov. 2014 electronic mail to Rosendorff asking for a redraw. Rosendorff forwarded this to Holmes/Balwani, and Balwani mentioned 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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Gov’t attempting to make the purpose that Holmes/Balwani are actively courting investments whilst Rosendorff raises considerations about essential issues within the lab.

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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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“…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 displaying that he raised considerations.

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

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Now taking a look at Nov. 14 emails from Rosendorff. “I really feel actually uncomfortable with what is going on proper now on this firm. Is there any means you may 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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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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He continued: “Additional 100% honesty and transparency to the affected person is crucial. “My first responsibility is to not Theranos, however to the affected person as per my Hippocratic oath “primum non nocere.” “I by no means mentioned I wouldn’t discuss to the MD.”

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

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Nov. electronic mail from Rosendorff concerning the affected person name to Christian: “If you happen to’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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Emails like this contributed to a “crescendo” of points, Rosendorff testifies, resulting in his resignation in Nov. 2014.

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an electronic mail from a medical assistant involved that HDL and LDL (ldl cholesterol) readings usually are not including up. That raises considerations concerning the accuracy of the check, Rosendorff testifies.

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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 in the course of the go to, Rosendorff mentioned. These instructions got here from Balwani.

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1/26/13 electronic mail from Holmes concerning 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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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 motive for the redraw,” Christian wrote.

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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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Now onto discussing transparency. “I felt a battle between the messaging that the corporate needed me to supply … and my responsibility as a doctor” to precisely report outcomes when speaking with medical doctors, Rosendorff says.

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

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

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

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We’re taking a look at an electronic mail from somebody who has been on coumadin, a blood thinner medicine, 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’ because the one elevated dose,” she wrote.

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

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We’re now entering into Rosendorff’s determination to go away. He forwarded work emails with problems with concern to his Gmail account in 2014, testifying that “I needed to guard myself.” He additionally says he began searching for one other job in mid-2013, shortly after becoming a member of Theranos.

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

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

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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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Rosendorff is testifying about points with the hCG assessments, 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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We’re evaluating Rosendorff’s time on the College of Pittsburgh to his time at Theranos. At Theranos, complaints about check outcomes had been “rather more frequent,” and he “felt pressured to defend the corporate’s outcomes to physicians,” he mentioned.

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

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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 could 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 considerations. She was very nervous and was not her ordinary composed self, he mentioned: She was trembling, knee was shaking, she was very upset.

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5 days in the past

Erin Woo

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

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5 days in the past

Erin Woo

An electronic mail from Rose Edmonds from 9 days earlier than the launch says “none of our assays are fully by means of validation together with scientific pattern testing with fingerstick.” Below CLIA legislation, the assessments have to be validated correctly earlier than they can be utilized for affected person care.

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5 days in the past

Erin Woo

Main as much as Sept 2013 business launch, there was “plenty of nervousness” concerning the appropriateness of utilizing modified assessments 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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5 days in the past

Erin Woo

The downstairs Theranos lab, which contained the Theranos Edison units, was referred to as Normandy, Rosendorff mentioned. Based on Rosendorff, Balwani referred to as the upstairs lab with standard units Jurassic Park: Balwani “believed the traditional units had been dinosaurs.”

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5 days in the past

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 assessments he wasn’t assured in. Additionally: “The corporate was extra about PR and fundraising than affected person care.”

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5 days in the past

Erin Woo

The federal government is asking 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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7 days in the past

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 “right.” I suppose that is how they should current this proof however it’s actually actually weird.

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7 days in the past

Erin Griffith

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

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7 days in the past

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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7 days in the past

Erin Griffith

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

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7 days in the past

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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7 days in the past

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 after I didn’t know what to imagine about Theranos anymore.”

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7 days in the past

Erin Griffith

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

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7 days in the past

Erin Griffith

Ominous. After Theranos discovered a few 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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7 days in the past

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 talk about “how our know-how works (i.e. that there’s a single gadget that does all assessments)”

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7 days in the past

Erin Griffith

Fortune revealed a protracted correction to that article, which I don’t keep in mind seeing from plenty of different shops that wrote constructive tales. Parloff is listed as a witness and protection is trying to compel him to show over his notes.

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7 days in the past

Erin Griffith

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

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7 days in the past

Erin Griffith

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

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7 days in the past

Erin Griffith

Theranos obtained plenty 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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7 days in the past

Erin Griffith

We’re going by means 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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7 days in the past

Erin Griffith

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

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7 days in the past

Erin Griffith

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

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7 days in the past

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 mentioned she needed his mgmt. and organizational expertise.

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7 days in the past

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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7 days in the past

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 obtained 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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7 days in the past

Erin Griffith

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

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7 days in the past

Erin Griffith

Holmes was the one telling him concerning the Theranos gadget’s capabilities, he mentioned. “I used to be frankly amazed at what was doable.” However he added: “That didn’t take the place of getting the gadget show itself.”

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7 days in the past

Erin Griffith

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

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7 days in the past

Erin Griffith

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

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7 days in the past

Erin Griffith

Mattis, a U.S. common 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 in your word, younger Elizabeth, and I want you each success.”

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7 days in the past

Erin Griffith

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

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8 days in the past

Erin Griffith

Gould’s testimony lasted round quarter-hour – From behind a transparent masks, she obtained emotional discussing her expertise discovering out through Theranos assessments 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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8 days in the past

Erin Griffith

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

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8 days in the past

Erin Griffith

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

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8 days in the past

Erin Griffith

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

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8 days in the past

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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8 days in the past

Erin Griffith

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

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8 days in the past

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 constructive at-home being pregnant check “to determine that sure, she is pregnant and take a look at the well being of the being pregnant.”

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8 days in the past

Erin Griffith

Zachman was on a committee that evaluated service suppliers and her apply adopted Theranos blood assessments round 2014. Theranos even arrange a lab downstairs from certainly one of her apply’s workplaces, which Zachman mentioned was “very thrilling.”

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8 days in the past

Erin Griffith

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

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8 days in the past

Erin Griffith

I’ve loved chatting with a number of the trial-heads and and followers of justice who’ve proven as much as watch (offered 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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8 days in the past

Erin Griffith

Redirect up. US Legal professional Robert Leach reminds jurors that when Gangakhedkar resigned from Theranos, she had considerations concerning the reliability of Theranos’s assessments and mentioned them with Holmes.

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8 days in the past

Erin Griffith

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

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8 days in the past

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’re feeling responsible that you just weren’t working?” “Sure” “You had been pissed off by that?” “Sure.”

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8 days in the past

Erin Griffith

We’re nonetheless doing cross-examination of Gangakhedkar.

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

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8 days in the past

Erin Griffith

Zachman will now provide knowledgeable testimony on deciphering HCG assessments (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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8 days in the past

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 a must to fail earlier than you may succeed proper?”
“Sure.”

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8 days in the past

Erin Griffith

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

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8 days in the past

Erin Griffith

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

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8 days in the past

Erin Griffith

To this point it’s principally a name and response, the place Wade describes work of Gangakhedkar + Theranos’s lab, and Gangakhedkar replies “sure.” “Had been you pleased 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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8 days in the past

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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12 days in the past

Erin Woo

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

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12 days in the past

Erin Woo

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

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12 days in the past

Erin Woo

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

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12 days in the past

Erin Woo

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

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12 days in the past

Erin Woo

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

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12 days in the past

Erin Woo

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

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12 days in the past

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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12 days in the past

Erin Woo

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

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12 days in the past

Erin Woo

Cheung simply mentioned she “turned involved a few month in” with the vitamin D samples, in November of 2013. She was involved concerning the efficiency of the assessments and that they had been getting used on affected person samples.

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12 days in the past

Erin Woo

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

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12 days in the past

Erin Woo

Holmes’s lawyer is asking Cheung plenty 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 how you can take care of these errors,” he mentioned.

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12 days in the past

Erin Woo

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

Erin Woo headshot

12 days in the past

Erin Woo

The replace you’ve got all been ready for: The decide is STILL announcing it ther-AH-nos.

Erin Woo headshot

12 days in the past

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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14 days in the past

Erin Griffith

That’s it for at present.🩸💉⚖️

Erin Griffith headshot

14 days in the past

Erin Griffith

To this point the theme of the cross-exam of Cheung appears to be utilizing excruciatingly arcane particulars concerning the processes and procedures of the Theranos lab to indicate that its work was very difficult, involving a number of sensible, pedigreed individuals.

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14 days in the past

Erin Griffith

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

Erin Griffith headshot

14 days in the past

Erin Griffith

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

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14 days in the past

Erin Griffith

Erika Cheung is again on the stand.

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

Erin Griffith headshot

14 days in the past

Erin Griffith

At this level we now have heard attorneys and witnesses pronounce “Theranos” tons of of instances, 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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14 days in the past

Erin Griffith

I ought to word the lady who clapped and yelled “you’re mother!” at Holmes yesterday immediately 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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14 days in the past

Erin Griffith

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

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