Day 16 - October 6, 2021

Before testimony resumed, the court considered but did not decide whether Steven Burd could give the exact amount Safeway spent on renovations. The court then excused Juror No. 4 after she explained that her Buddhist convictions and concern about punishment interfered with her ability to vote. Her replacement expressed concern about English not being her first language, but said the court's explanation reassured her and remained seated with both sides' agreement. Adam Rosendorff testified on redirect that quality controls failed more often on Theranos-developed methods than on unmodified instruments, that low initial testing volume did not resolve his patient-accuracy concerns, and that management controlled operational decisions he could not always implement or overrule. He also said inspection-related emails troubled him, although the inspector was shown everything she requested. The court later struck his comparison between Theranos and other laboratories rather than permit broader inquiry into collateral matters. On recross, Rosendorff accepted the laboratory director's ultimate regulatory responsibilities while disputing that he personally executed every required procedure. He agreed that Holmes never directed or overruled him on laboratory matters and corrected earlier testimony by acknowledging emails showing HCG quality-control work on Edison devices, while emphasizing that one email reported failures on nine instruments. Former Safeway CEO Steven Burd testified that Holmes represented Theranos as offering rapid, accurate testing through a small device capable of replacing much of a conventional laboratory. He said those representations were essential to Safeway's agreement and investments and that he relied on them as true. Burd described a board demonstration that produced no result, repeated missed deployment deadlines, and his expectation that Theranos's own mini-lab technology, rather than only conventional equipment, would be used and validated.