Adam Rosendorff — Recross (Recall, Continued)

MR. WADE: GOOD AFTERNOON, DR. ROSENDORFF.

MR. WADE: I'D LIKE TO START BY BRINGING UP EXHIBIT 5417, WHICH IS IN EVIDENCE AND THE GOVERNMENT ASKED YOU QUESTIONS ABOUT IT. WE'LL PUT IT UP ON THE SCREEN IF IT'S EASIER FOR YOU, DOCTOR.

MR. WADE: THIS WAS ONE OF THE LOOSE DOCUMENTS THAT THE GOVERNMENT HANDED YOU.

MR. WADE: OKAY. DO YOU RECALL THIS DOCUMENT?

MR. WADE: OKAY. IT'S A -- AND IF YOU'D LOOK AT THE -- IF WE CAN BLOW UP THE BOTTOM EMAIL, YOU WERE ASKED SOME QUESTIONS ABOUT THIS. DO YOU SEE THAT?

MR. WADE: AND THE QUESTIONS THAT YOU WERE ASKED RELATED TO THE FACT THAT MR. BALWANI STATED THAT HE WAS RUNNING THE CLIA LAB NOW, SO HE WAS ASKING TO BE KEPT IN THE LOOP; RIGHT?

MR. WADE: AND YOU THOUGHT THIS WAS INAPPROPRIATE; CORRECT?

MR. WADE: OKAY. AND I BELIEVE YOU TESTIFIED THAT HE MENTIONED SOMETHING ABOUT THIS, BUT YOU HAD NO RESPONSE; RIGHT?

MR. WADE: OKAY. LET'S LOOK AT EXHIBIT 13950. MAY I APPROACH, YOUR HONOR?

MR. WADE: (HANDING.)

MR. WADE: DO YOU RECOGNIZE THIS TO BE AN EMAIL BETWEEN YOU AND MR. BALWANI IN JUNE OF 2014 REGARDING CLIA LAB OPS?

MR. WADE: OKAY. MOVE THE ADMISSION OF 13950.

MR. WADE: THANK YOU.

MR. WADE: LET'S START AT THE BOTTOM. NOW, YOU PREVIOUSLY TESTIFIED THAT DR. PANDORI LEFT THE LAB AROUND THIS TIME; RIGHT?

MR. WADE: AND IN RESPONSE TO THAT, FROM AN OPERATIONAL STANDPOINT, MR. BALWANI STEPPED IN TO GIVE ASSISTANCE; CORRECT?

MR. WADE: OKAY. AND IN THIS EMAIL, HE SPECIFICALLY RAISES THAT WITH YOU; CORRECT?

MR. WADE: HE DIDN'T JUST WALK INTO THE LAB AND TAKE CONTROL OF IT WITHOUT DISCUSSION WITH YOU, DID HE?

MR. WADE: THAT WOULD HAVE BEEN INAPPROPRIATE IF HE DID THAT; RIGHT?

MR. WADE: OKAY. INSTEAD HE SENT YOU AN EMAIL AND HE SUGGESTED THAT SINCE YOU'RE OUT FOR THE NEXT FEW DAYS, THIS IS NEEDED NO MATTER WHAT. DO YOU SEE THAT?

MR. WADE: BECAUSE YOU WERE ACTUALLY TAKING SOME VACATION DURING THIS PERIOD. DO YOU RECALL THAT?

MR. WADE: OKAY. BUT IS THAT WHAT YOU INFER FROM THAT COMMENT?

MR. WADE: OKAY. AND IF DR. PANDORI WASN'T THERE AND YOU WEREN'T THERE, HE WANTED TO MAKE SURE THERE WAS SOMEONE THERE TO HELP KEEP THINGS MOVING; RIGHT?

MR. WADE: OKAY. WELL, SO HE'S SAYING, BECAUSE -- NOW, WHEN DR. PANDORI WAS THERE, YOU TESTIFIED THAT HE HAD SOME SPECIALTIES?

MR. WADE: RIGHT? BUT HE ALSO WAS VERY FOCUSSED ON THE LAB OPERATIONS; RIGHT?

MR. WADE: HE WAS TAKING A LEAD ROLE IN THAT; RIGHT?

MR. WADE: OKAY. BUT IN THE LAB OPERATIONS, YOU DON'T NECESSARILY HAVE TO BE A LAB DIRECTOR IF YOU'RE SUPERVISED BY A LAB DIRECTOR; RIGHT?

MR. WADE: OKAY. AND SO DR. PANDORI WAS VERY INVOLVED IN TRYING TO IMPLEMENT SOME OF THE PRACTICES AND PROCEDURES WITHIN THE LAB; RIGHT?

MR. WADE: OKAY. AND SO WHEN HE LEFT, MR. BALWANI GIVES YOU NOTICE THAT HE WANTS TO STEP IN ON THE OPS ISSUES. DO YOU SEE THAT?

MR. WADE: OKAY. LIKE SCHEDULING, DEVICES, ORDERING INVENTORY, DEPARTMENTALIZING PEOPLE, TEAM STRUCTURES, ET CETERA. DO YOU SEE THAT?

MR. WADE: OKAY. AND HE SAYS HE'LL FINALIZE AND PUT THIS IN PLACE THIS WEEK. YOU SEE THAT, OF COURSE?

MR. WADE: OKAY. AND HE'LL KEEP YOU IN THE LOOP IN EVERY SINGLE RELEVANT EMAIL OF COURSE, BUT BASICALLY WE NEED TO GET THE LAB IN ORDER AS WE SCALE. DO YOU SEE THAT?

MR. WADE: THAT'S BECAUSE THE NUMBER OF PATIENTS WAS INCREASING; RIGHT?

MR. WADE: OKAY. AND HE WANTED TO COME IN AND HELP FROM AN OPERATIONAL STANDPOINT; RIGHT?

MR. WADE: WELL, HE'S TELLING YOU HERE THAT HE'S GOING TO GET INVOLVED IN THE LAB FROM AN OPERATIONAL STANDPOINT?

MR. WADE: AND HE ACTUALLY SAYS, I'M UNIQUELY GIFTED AT ORGANIZATIONAL STRUCTURES AND OPS. DO YOU SEE THAT?

MR. WADE: HE FELT, BASED ON HIS BUSINESS EXPERIENCE, HIS EXTENSIVE PRIOR BUSINESS EXPERIENCE, THAT HE HAD TALENTS IN THE OPERATIONAL ISSUES; RIGHT?

MR. WADE: OKAY. AND HE SAYS HE'LL FOCUS ON THIS FOR THE NEXT FEW WEEKS; RIGHT?

MR. WADE: AND YOUR RESPONSE -- LET'S LOOK AT YOUR RESPONSE.

MR. WADE: YEAH. YOU AGREED; RIGHT?

MR. WADE: WELL, YOU SAY THANKS; RIGHT?

MR. WADE: YOU SAID THANKS; RIGHT?

MR. WADE: OKAY. AND SO YOU KNEW HE WAS COMING IN AND YOU SAID THANKS; RIGHT? THAT'S WHAT THE EMAIL SAYS? THOSE ARE YOUR WORDS?

MR. WADE: OKAY. AND YOU THEN TALK ABOUT ANOTHER PROPOSAL THAT YOU HAVE SINCE MARK PANDORI IS GONE; RIGHT?

MR. WADE: AND SOME, SOME DIFFERENT WORK THAT YOU'RE GOING TO TAKE ON?

MR. WADE: RIGHT? SO THIS WAS -- I BELIEVE YOU, IN YOUR DIRECT -- IN YOUR REDIRECT TESTIMONY, YOU ACTUALLY USED THE WORDS UNIQUELY GIFTED AT ORGANIZATIONAL STRUCTURES OR SOMETHING TO THAT EFFECT; RIGHT?

MR. WADE: OKAY. AND THAT'S, IN FACT, WHAT HE WROTE IN THIS EMAIL?

MR. WADE: AND THE GOVERNMENT DIDN'T SHOW YOU THIS EMAIL IN YOUR PREPARATION, EITHER, DID THEY?

MR. WADE: NO. AND THIS IS IN, I'LL NOTE, IN JUNE OF 2014. DO YOU SEE THAT?

MR. WADE: AND JUNE OF 2014, RIGHT IN THIS PERIOD IS THE PERIOD WHEN YOU WERE ALSO DEALING WITH SOME OF THOSE HCG ISSUES AND OTHER THINGS; RIGHT?

MR. WADE: DO YOU REMEMBER THAT?

MR. WADE: OKAY. AND SO YOU WERE ASKED A LOT OF QUESTIONS ABOUT THE FACT THAT MR. BALWANI WAS ON EMAILS DURING THIS PERIOD, BUT HE WAS TELLING YOU THAT HE WAS GOING TO BE ON THE EMAILS AND WORK TO INCLUDE YOU BECAUSE HE'S GOING TO TRY AND ADDRESS OPERATIONAL ISSUES; RIGHT? HE'S TELLING YOU THAT?

MR. WADE: YEAH. HE'S TELLING YOU THAT, RIGHT, IN THIS EMAIL?

MR. WADE: HE'S GIVING YOU NOTICE OF THAT AND HE'S SAYING, "I WILL KEEP YOU IN THE LOOP IN EVERY SINGLE RELEVANT EMAIL OF COURSE." DO YOU SEE THAT?

MR. WADE: OKAY. AND YOU THANKED HIM FOR IT. AND JUST SO WE'RE CLEAR, SIR, YOU TESTIFIED THAT THERE WERE SEVERAL LABS THAT YOU WORKED IN WHERE YOU WERE A PART-TIME LAB DIRECTOR; RIGHT?

MR. WADE: AND WHEN YOU WEREN'T -- THAT MEANS SOMETIMES YOU WEREN'T THERE; RIGHT?

MR. WADE: NO, NOT AT THERANOS. WHEN YOU SERVE ON OCCASION AS A PART-TIME LAB DIRECTOR --

MR. WADE: -- THAT MEANS SOMETIMES YOU'RE NOT ON SITE AT THE LAB?

MR. WADE: AND WHEN THAT HAPPENS, THERE ARE OTHER PEOPLE WHO TAKE ON RESPONSIBILITIES TO IMPLEMENT THINGS IN, IN AID OF YOUR DIRECTORSHIP?

MR. WADE: RIGHT.

MR. WADE: WELL, WE'LL DEAL WITH THAT SEPARATELY. IN FACT, HE WAS ON THE ROSTER OF THE CLIA LAB, WAS HE NOT?

MR. WADE: OKAY.

MR. WADE: ISN'T IT TRUE THAT MR. BALWANI WAS LISTED IN THE CLIA FORM ON THE ROSTER FOR THE CLIA LAB?

MR. WADE: OKAY.

MR. WADE: I WANT TO ASK YOU ABOUT THE LAUNCH. OKAY?

MR. WADE: THE GOVERNMENT SHOWED YOU EXHIBIT 1113. LET'S PULL THAT UP. AND THIS APPEARS, I BELIEVE YOU SAID, TO BE A PRESS RELEASE; RIGHT?

MR. WADE: YOU DON'T RECALL SEEING THIS PRESS RELEASE AT THE TIME?

MR. WADE: AND THE GOVERNMENT SHOWED YOU THE FIRST AND THIRD PARAGRAPHS. LET'S LOOK AT THE MIDDLE PARAGRAPH. OKAY. THIS SAYS THAT THERANOS AND WALGREENS ARE TAKING THE FIRST STEP IN MAKING THIS SERVICE AVAILABLE TO CONSUMERS. DO YOU SEE THAT?

MR. WADE: WITH THE FIRST THERANOS WELLNESS CENTER LOCATION OPENING THIS MONTH. DO YOU SEE THAT?

MR. WADE: IT DOESN'T SAY WHEN; RIGHT?

MR. WADE: IT DOESN'T SAY ON THAT DAY, DOES IT? IT DOESN'T SAY IT'S GOING TO HAPPEN ON SEPTEMBER 9TH?

MR. WADE: RIGHT. AND, IN FACT, WHEN PEOPLE WERE WANTING TO MAKE SURE THERE WAS TIME TO IMPLEMENT PROCEDURES, IN FACT, THEY DELAYED THE PUBLIC LAUNCH UNTIL NOVEMBER OF 2013; CORRECT?

MR. WADE: BUT YOU KNOW IT WAS DELAYED?

MR. WADE: OKAY. AND --

MR. WADE: RIGHT. SO -- I'M GLAD YOU RAISED THAT, BECAUSE YOU WERE ASKED SOME QUESTIONS ABOUT FRIENDS AND FAMILY.

MR. WADE: DO YOU RECALL THAT?

MR. WADE: AND YOU WERE ASKED ABOUT IF THERE WERE ISSUES WITH THOSE TESTS OR THINGS, THOSE WOULD STILL BE REAL ISSUES; RIGHT? THEY'RE STILL PATIENTS; RIGHT, IF THEY'RE FRIENDS AND FAMILY? DO YOU RECALL THAT?

MR. WADE: OKAY. AND THE GOVERNMENT SAID, AND IF ISSUES AROSE, EVEN WITH A SMALL VOLUME, THOSE ARE STILL ISSUES THAT ARE SERIOUS; RIGHT?

MR. WADE: DO YOU RECALL THAT?

MR. WADE: AND YOU SAID THEY WERE; RIGHT?

MR. WADE: NOW, YOU ACTUALLY DON'T KNOW OF ANY ISSUES THAT CAME UP WITH RESPECT TO THE LAB RESULTS THAT WERE ACTUALLY PERFORMED DURING THAT PUBLIC LAUNCH, DO YOU?

MR. WADE: YOU HAVEN'T BEEN SHOWN A SINGLE EMAIL THAT SUGGESTS THAT THERE WAS AN ISSUE WITH RESPECT TO THOSE FEW LAB TESTS THAT WERE OFFERED IN THAT FRIENDS AND FAMILY LAUNCH, HAVE YOU?

MR. WADE: RIGHT. THEY WERE RUNNING TWO TESTS; RIGHT, SIR?

MR. WADE: I JUST WANT THERE TO BE CLARITY ON THIS ISSUE. TWO TESTS? DO YOU RECALL THAT?

MR. WADE: INITIALLY, YOU THOUGHT THAT THEY WERE RUNNING A WHOLE RANGE OF TESTS; RIGHT?

MR. WADE: BUT IT LOOKS -- THERE'S NO EVIDENCE OF THAT; RIGHT?

MR. WADE: WELL, THERE WERE NO VALIDATION REPORTS IN PLACE BEFORE THEN; RIGHT?

MR. WADE: SO YOU WOULDN'T HAVE -- YOU WOULDN'T HAVE LET A TEST IN THE LAB IF THERE WAS NO VALIDATION REPORT, WOULD YOU?

MR. WADE: OKAY. AND YOU RECALL -- I'M HAPPY TO BRING UP THAT EMAIL -- BUT YOU RECALL THE EXCHANGE THAT YOU HAD WITH MR. BALWANI WHERE HE ASKED IF THERE WAS ANYTHING THAT YOU NEEDED IN ADVANCE OF THE GENERAL PUBLIC LAUNCH IN EARLY NOVEMBER OF 2013?

MR. WADE: YOU RECALL THAT?

MR. WADE: OKAY. AND THAT'S WHEN THE LAB OPENED TO THE GENERAL PUBLIC; RIGHT, SIR?

MR. WADE: OKAY. LET'S BRING UP 24 -- 12464, WHICH IS IN EVIDENCE. LET'S LOOK AT THE BOTTOM. DO YOU SEE THAT?

MR. WADE: LET'S GO TO THE NEXT PAGE. DO YOU SEE THAT THIS WAS THE POINT IN WHICH THIS WAS OPEN TO PEOPLE OTHER THAN FRIENDS AND FAMILY; RIGHT, SIR?

MR. WADE: OKAY. YOU WERE ASKED SOME QUESTIONS ABOUT THE INSPECTIONS?

MR. WADE: THE INSPECTION IN 2013; CORRECT?

MR. WADE: NOW, THE GOVERNMENT BROUGHT UP A SERIES OF DOCUMENTS. LET'S START WITH 4047, WHICH IS IN EVIDENCE. OKAY. YOU RECALL THAT THEY SHOWED YOU THIS ONE?

MR. WADE: OKAY. AND THIS RELATES TO DISCUSSION ABOUT GOING TO THE LAB; RIGHT?

MR. WADE: AND THEN LET'S BRING UP 4316. THEY SHOWED YOU THIS DOCUMENT; CORRECT?

MR. WADE: AND MS. HOLMES IS NOT ON THIS DOCUMENT; RIGHT?

MR. WADE: NOW, LET'S BRING UP 12479. AND LET'S BLOW UP THE TOP. AND, AGAIN, THIS DOCUMENT THEY DIDN'T SHOW YOU, DID THEY?

MR. WADE: YOU'VE SEEN IT BEFORE, BUT THEY DIDN'T SHOW THIS TO YOU IN THE REDIRECT, DID THEY?

MR. WADE: AND THEY DIDN'T EMPHASIZE THAT YOU HAD PREVIOUSLY TESTIFIED THAT MS. HOLMES SEEMED WILLING TO SHOW THEM THE LAB DOWNSTAIRS; RIGHT? YOU PREVIOUSLY TESTIFIED TO THAT?

MR. WADE: YEAH. AND JUST SO WE'RE CLEAR, BECAUSE I -- YOU NEVER CONCEALED ANYTHING FROM THESE INSPECTORS; RIGHT, SIR?

MR. WADE: YOU WOULDN'T DO THAT, WOULD YOU?

MR. WADE: IF SOMEONE ASKED YOU TO DO IT, YOU WOULDN'T DO IT?

MR. WADE: RIGHT. AND WITH RESPECT TO THE EDISON LABS, YOU SHOWED THEM AN EDISON VALIDATION REPORT; RIGHT?

MR. WADE: YOU DISCUSSED THE EDISONS WITH THEM; RIGHT?

MR. WADE: AND ARE YOU AWARE THERE WERE DETAILED -- THERE WAS DETAILED INFORMATION ABOUT THE EDISONS AND ITS WHOLE TEST MENU PROVIDED TO THE FDA AND CMS DURING THIS VERY SAME TIME PERIOD? ARE YOU AWARE OF THAT?

MR. WADE: OKAY. YOU WEREN'T AWARE THAT THEY WERE DOING THAT BECAUSE YOU WEREN'T INVOLVED IN THOSE PROCESSES; CORRECT?

MR. WADE: OKAY. AND -- BUT YOU WERE AWARE THAT YOU SHARED INFORMATION WITH THE INSPECTOR WHO WALKED IN THE DOOR IN 2013; RIGHT?

MR. WADE: OKAY. AND IF SHE HAD ASKED YOU TO GO DOWNSTAIRS AND SEE THOSE DEVICES, YOU WOULD HAVE WALKED HER RIGHT DOWN; RIGHT?

MR. WADE: OKAY. NOW, THE GOVERNMENT BROUGHT UP A LITTLE -- SOME TESTIMONY WHERE IT WAS COMPARING THERANOS DEVICES AND UNMODIFIED DEVICES; RIGHT?

MR. WADE: DO YOU RECALL THAT?

MR. WADE: AND THERE WERE A LOT OF TESTS THAT WERE PERFORMED ON UNMODIFIED DEVICES; RIGHT?

MR. WADE: AND YOU TALKED ABOUT THE ARIZONA LABORATORY. DO YOU RECALL THAT?

MR. WADE: AND THAT LABORATORY WAS A MODERATE COMPLEXITY LABORATORY; RIGHT?

MR. WADE: OKAY. THAT -- BUT YOU DO RECALL THAT IT ONLY HAD COMMERCIAL DEVICES?

MR. WADE: CORRECT?

MR. WADE: AND THERE WAS A LOT OF VOLUME OF TESTING THAT WAS HAPPENING ON COMMERCIAL DEVICES AT THERANOS; CORRECT?

MR. WADE: YEAH. THERE WAS A -- THERE WERE A MENU OF DIFFERENT TESTS THERE WERE BEING OFFERED; RIGHT?

MR. WADE: AND I FORGET THE EXACT NUMBER, BUT YOU SAID MAYBE SEVEN TO NINE TESTS WERE OFFERED ON THE EDISON; RIGHT?

MR. WADE: IN YOUR TENURE AT THERANOS.

MR. WADE: OKAY. SO IN THAT TENURE, THERE WERE ABOUT SEVEN TO NINE TESTS ON THE EDISON DEVICE?

MR. WADE: OKAY. AND WHAT -- THERE WERE MAYBE ANOTHER 50 TO 60 OF THE MODIFIED PREDICATES THAT WERE RUN ON THE ADVIA; IS THAT RIGHT?

MR. WADE: OKAY. AND THE THIRD CATEGORY ARE THOSE COMMERCIAL DEVICES; RIGHT?

MR. WADE: AND THERE WERE OVER 100 TESTS THAT WERE AVAILABLE ON THE COMMERCIAL DEVICES; RIGHT?

MR. WADE: AND I BELIEVE YOUR TESTIMONY IS THAT THERE WERE BASICALLY NO ISSUES WITH RESPECT TO THOSE TESTS; RIGHT?

MR. WADE: YEAH. THEY PERFORMED WELL; RIGHT?

MR. WADE: OKAY. LET'S PULL UP 13893. YOU RECALL YOU WERE ASKED SOME QUESTIONS ABOUT THIS, THE ISE'S?

MR. WADE: LET'S GO TO THE SECOND PAGE. THIS WAS THE REPORT OUT FROM DR. YOUNG. DO YOU RECALL THAT?

MR. WADE: AND WE TESTIFIED -- WE HAD SOME DISCUSSION ABOUT THIS ON CROSS-EXAMINATION. DO YOU RECALL?

MR. WADE: OKAY. AND WE TALKED ABOUT SOME OF THE FINDINGS IN THE FIRST HALF. DO YOU SEE THAT?

MR. WADE: AND THEN WE, WE NOTED THAT THERE WAS STILL WORK THAT WAS GOING TO BE DONE; RIGHT?

MR. WADE: BECAUSE EVEN THOUGH THERE HAD BEEN SOME SUCCESS, THERE WAS STILL A DESIRE TO CONTINUE TO IMPROVE THE ASSAY; CORRECT?

MR. WADE: AND LET'S GO BACK TO THE FIRST PAGE. AND YOU -- IN THIS EMAIL, YOU CONGRATULATED DR. YOUNG ON HAVING CRACKED THIS; RIGHT?

MR. WADE: BECAUSE EVERYONE BELIEVED AT THE TIME THAT THAT IS WHAT HAD HAPPENED; RIGHT?

MR. WADE: IN GOOD FAITH; RIGHT?

MR. WADE: AND WHEN YOU OFFERED THE TEST, YOU BELIEVED IN GOOD FAITH THAT IT WAS -- THAT THE PROBLEM HAD BEEN SOLVED?

MR. WADE: OKAY. YOU WERE ASKED SOME QUESTIONS ON DIRECT ABOUT THE LIS, OR ON REDIRECT ABOUT THE LIS. DO YOU RECALL THAT?

MR. WADE: AND ONE THING THE GOVERNMENT ASKED YOU ABOUT WAS WHETHER THE TEST RESULT INFORMATION THAT YOU WOULD GET FROM OTHER COMPANIES WAS STORED WITHIN LIS. DO YOU RECALL THAT?

MR. WADE: AND YOU SAID OF COURSE IT WAS NOT; RIGHT?

MR. WADE: YEAH. WHEN -- BUT WHEN INQUIRIES OF THAT KIND WOULD COME IN AND YOU WOULD HAVE TO CONSIDER HOW THOSE RESULTS COMPARED TO THERANOS'S RESULTS, YOU'D HAVE TO GO AND PULL A WHOLE LOT OF INFORMATION FROM THE LIS INFORMATION SYSTEM; RIGHT?

MR. WADE: DETAILS OF THE VISIT, PATIENT VISIT THAT WERE IN THERE; RIGHT? ANY INFORMATION?

MR. WADE: TO THE EXTENT THERE WAS INFORMATION ABOUT WHEN THE SAMPLE WAS LOGGED?

MR. WADE: DETAILS OF THE DEVICE IT WAS RUN ON?

MR. WADE: TIME AND LOCATION OF THE DRAW?

MR. WADE: THE PHLEBOTOMIST MAYBE IF IT WAS IN THERE?

MR. WADE: OKAY. THE IMAGES OF THE SAMPLE YOU MIGHT LOOK AT? WE'VE SEEN THAT?

MR. WADE: YOU RECALL PULLING THOSE FOR PURPOSES OF LOOKING AT WHETHER THERE WAS HEMOLYSIS IN THE SAMPLE? YOU'D LOOK AT THE IMAGES OF THE SAMPLE?

MR. WADE: OKAY. BUT IN ANY EVENT, YOU MIGHT LOOK AT THE REFERENCE RANGE; CORRECT?

MR. WADE: YOU MIGHT LOOK AT A WHOLE HOST OF OTHER INFORMATION THAT YOU HAVE WITHIN THE LAB AT THERANOS; RIGHT?

MR. WADE: AND THAT WOULD -- THE VAST MAJORITY OF THAT INFORMATION WOULD BE STORED WITHIN LIS; CORRECT?

MR. WADE: AND WITH RESPECT TO WHETHER -- HOW THE RESULTS COMPARED TO OTHER RESULTS, THAT'S NOT SOMETHING THAT YOU KNOW JUST FROM -- OFF THE CUFF; RIGHT? YOU NEED TO GATHER ALL THE RELEVANT FACTS TO KNOW IF YOU'RE COMPARING APPLES TO APPLES; RIGHT?

MR. WADE: AND THERE IS -- I BELIEVE YOU'VE TESTIFIED BEFORE THERE'S ALWAYS VARIABILITY TO A DEGREE, OR OFTEN VARIABILITY BETWEEN TWO TESTS; RIGHT?

MR. WADE: WELL, YOU RECALL I WAS TALKING ABOUT THE SCALE THAT I WOULD STEP ON, AND OFTENTIMES --

MR. WADE: I COULD DO IT THREE TIMES IN A ROW AND IT MIGHT BE A LITTLE DIFFERENT?

MR. WADE: MINOR VARIATIONS. AND SO THERE COULD BE DIFFERENT VARIATIONS THAT WOULD -- THAT MIGHT -- THAT YOU HAVE TO ASSESS WHEN YOU'RE CONSIDERING WHETHER OR NOT THE DIFFERENCES BETWEEN THE THERANOS TEST AND THE TEST AT ANOTHER LAB ARE MEANINGFUL; RIGHT?

MR. WADE: AND BECAUSE SOMETIMES DIFFERENT METHODS REACH DIFFERENT RESULTS ON THE SAME BLOOD; RIGHT?

MR. WADE: WELL, YOU'RE AWARE THAT THERE'S A WHOLE MOVEMENT WITHIN THE LAB, LABORATORY SCIENCE ABOUT HARMONIZATION OF DATA. ARE YOU AWARE OF THAT?

MR. WADE: OKAY. AND IT EXISTS FOR VITAMIN D AS WELL; RIGHT? AND ARE YOU AWARE THAT THERE ARE EFFORTS AND TASK FORCES THAT LOOK AT DIFFERENCES BETWEEN DATA AND TRY TO FIND WAYS TO MAKE -- TO HARMONIZE THEM ACCORDING TO ONE STANDARD; RIGHT?

MR. WADE: OKAY. BECAUSE SOMETIMES THOSE DIFFERENCES EXIST BETWEEN DIFFERENT ASSAYS; RIGHT?

MR. WADE: SO THAT'S WHY, WHEN YOU GET THAT INFORMATION IN, YOU HAVE TO ACTUALLY LOOK AT ALL OF THE RELEVANT FACTS BEFORE REACHING A JUDGMENT; RIGHT?

MR. WADE: YOU WERE ASKED SOME QUESTIONS ABOUT AAP ON REDIRECT. DO YOU RECALL THAT?

MR. WADE: AND THEY BROUGHT YOU BACK TO THAT EMAIL THAT MS. CHEUNG SENT AROUND; RIGHT?

MR. WADE: AND AT THE TIME, JUST SO THE RECORD IS CLEAR, THAT WASN'T AN APPLICATION OF THE AAP POLICY; CORRECT?

MR. WADE: OKAY. AND IF THERE WAS CONFUSION AS A RESULT OF THAT, THAT PEOPLE THOUGHT THAT TESTS FAILED AAP OR PT, THEY WOULD BE MISTAKEN; CORRECT?

MR. WADE: BECAUSE THAT WASN'T AAP OR PT?

MR. WADE: WELL, AND YOU CAN UNDERSTAND WHY THERE WAS SOME CONFUSION; RIGHT? BECAUSE IT WAS PRECISION TESTING MATERIAL; RIGHT?

MR. WADE: THANK YOU AGAIN, DOCTOR. PROFICIENCY TESTING MATERIAL?

MR. WADE: BUT IT WASN'T BEING USED IN -- ACCORDING TO THE PROFICIENCY TESTING POLICY AT THERANOS; RIGHT?

MR. WADE: OKAY. AND THE -- AGAIN, THAT PROFICIENCY TESTING POLICY AND THE IMPLEMENTATION OF IT WAS THE RESPONSIBILITY OF YOU AND MR. GEE AND OTHERS WITHIN THE LABORATORY; CORRECT?

MR. WADE: I THINK WE HAVE DISCUSSED THE CHALLENGES AROUND IMPLEMENTATION, BUT IT WAS YOUR RESPONSIBILITY; RIGHT?

MR. WADE: AND I ALSO BELIEVE THAT YOU'VE TESTIFIED THAT THERE WAS NOT A SINGLE EMAIL THAT YOU SENT ASKING FOR MORE RESOURCES FROM MS. HOLMES THAT WAS NOT RESPONDED TO; CORRECT?

MR. WADE: IN OCTOBER OF 2014?

MR. WADE: THE ONE YOU RESCHEDULED; RIGHT?

MR. WADE: YEAH. AND THE ONE THAT THERE WAS FOLLOW-UP ALMOST IMMEDIATELY; CORRECT?

MR. WADE: AND THE ONE WHERE YOU LEFT ABOUT A MONTH LATER; RIGHT?

MR. WADE: OKAY. YOU WERE QUESTIONED ABOUT THE CLIA REGULATIONS. DO YOU RECALL THAT?

MR. WADE: ON REDIRECT.

MR. WADE: I'M TRYING TO LIMIT MY QUESTIONING TO MATTERS THAT WERE RAISED BY MR. BOSTIC RECENTLY.

MR. WADE: DO YOU RECALL THAT?

MR. WADE: AND THERE WAS DISCUSSION OF -- WITH MR. BOSTIC ABOUT YOUR RESPONSIBILITY UNDER THOSE REGULATIONS; CORRECT?

MR. WADE: AND HE ASKED YOU ABOUT -- YOU NOTED THE FACT THAT THE OWNER AND OPERATOR IS RESPONSIBLE; RIGHT?

MR. WADE: OKAY. AND THAT DOESN'T MEAN THAT THERE -- THAT THEY HAVE THE SAME AUTHORITY; RIGHT?

MR. WADE: RIGHT. THAT'S MY POINT. THE RESPONSIBILITY FOR ACTUALLY DOING THE FUNCTIONS IS THE LAB DIRECTOR'S; RIGHT?

MR. WADE: AND THE RESPONSIBILITY FOR IMPLEMENTING ALL OF THE PROCEDURES IS THE LAB DIRECTOR'S; RIGHT?

MR. WADE: WELL, ULTIMATELY THE REGULATIONS THERE SAY THAT IT IS YOUR RESPONSIBILITY UNDER THE FEDERAL CLIA REGULATIONS TO IMPLEMENT QUALITY CONTROL, AAP, TEST VALIDATION AND VERIFICATION, AND OTHER ITEMS; CORRECT?

MR. WADE: OKAY. AND YOU'RE ABLE TO DELEGATE THAT RESPONSIBILITY TO PEOPLE?

MR. WADE: CORRECT?

MR. WADE: BUT ULTIMATELY IF IT GOES WRONG, IT'S YOUR RESPONSIBILITY; RIGHT?

MR. WADE: RIGHT. BUT YOU HAVE TO BE SPECIALLY QUALIFIED TO DO THAT WORK; RIGHT?

MR. WADE: OKAY. AND JUST BECAUSE SOMEONE IS AN OWNER/OPERATOR DOESN'T MEAN THEY CAN COME IN AND BE A LAB DIRECTOR; RIGHT?

MR. WADE: RIGHT. SO IF THE OWNER/OPERATOR CAME IN AND STARTED SAYING, LET'S OFFER THESE TESTS, THAT WOULD BE WRONG; RIGHT?

MR. WADE: AND IF THE OWNER/OPERATOR CAME IN AND STARTED ISSUING DIRECTIVES AND TELLING YOU EXACTLY WHAT TO DO WITHOUT THE REQUISITE TRAINING, THAT WOULD BE WRONG; RIGHT, SIR?

MR. WADE: OKAY. AND MS. HOLMES NEVER DID THAT; RIGHT? SHE NEVER DIRECTED YOU TO DO THINGS OR OVERRULED YOU ON THINGS, DID SHE?

MR. WADE: THE GOVERNMENT WENT THROUGH A BUNCH OF QUESTIONS ON HCG. DO YOU RECALL THAT?

MR. WADE: AND THE GIST OF THE QUESTIONS RELATED TO KIND OF WHAT WAS HAPPENING IN THIS FIRST WEEKEND IN JUNE WHEN YOU PUT A HALT TO REPORTING RESULTS FROM THE EDISON ON HCG; RIGHT?

MR. WADE: MAY 30TH IS WHEN YOU PUT THE HALT TO IT; RIGHT?

MR. WADE: AND THE ISSUE HAD COME UP THE DAY BEFORE INITIALLY; RIGHT?

MR. WADE: AND I THINK MAYBE EVEN ON THAT DAY, THEY WERE TEMPORARILY HALTED, AND THEN IT WAS PERMANENTLY HALTED THE NEXT DAY; RIGHT?

MR. WADE: RIGHT. AND I THINK YOU TESTIFIED YOU ACTUALLY -- APART FROM THESE EMAILS, YOU DON'T HAVE ANY RECOLLECTION OF THIS; RIGHT?

MR. WADE: YOU REMEMBER THERE WAS AN ISSUE THAT CAME UP WITH HCG?

MR. WADE: BUT WITH RESPECT TO WHO WAS DOING WHAT EXACTLY, YOU DON'T RECALL THAT, DO YOU?

MR. WADE: OKAY. LET'S LOOK -- I JUST WANT TO GO THROUGH -- I'VE CREATED A DEMONSTRATIVE WHICH I'LL PUT UP, WHICH IS JUST EXCERPTS FROM EMAILS THAT ARE IN EVIDENCE, AND I'M GOING TO HAND IT TO YOU IN A SECOND. I JUST WANT TO TELL YOU WHAT IT IS. OKAY? YOU RECALL THAT THERE'S A LITTLE BIT OF CONFUSION AROUND THIS ISSUE BECAUSE THERE ARE SEVERAL DIFFERENT EMAIL STRINGS THAT ARE FROM DIFFERENT -- THAT HAVE DIFFERENT TIMED EMAILS ON IT AND THEY'RE ALL KIND OF FLYING AROUND AT THE SAME TIME. DO YOU RECALL THAT?

MR. WADE: OKAY. WHAT WE'VE DONE IS WE'VE GONE THROUGH THOSE THREE DIFFERENT EXHIBITS AND WE'VE JUST PUT THEM IN ORDER, OKAY, ACCORDING TO THE TIME ON THE EMAILS. OKAY?

MR. WADE: AND I'M GOING TO OFFER THAT TO THE WITNESS IF I MAY APPROACH.

MR. WADE: (HANDING.)

MR. WADE: YOUR HONOR, 2:00 O'CLOCK SHOULD NOT BE AN ISSUE FROM OUR STANDPOINT. I HOPE TO BE DONE WELL BEFORE 2:00 O'CLOCK.

MR. WADE: MAY I DISPLAY THIS, YOUR HONOR?

MR. WADE: OKAY. AND, AGAIN, ALL OF THESE EXHIBITS, I'M NOT -- I'M TRYING TO SIMPLIFY THIS A LITTLE BIT. BUT IF IT'S EVER CONFUSING AND YOU WANT TO LOOK BACK AT THE INDIVIDUAL EXHIBITS, FEEL FREE. OKAY?

MR. WADE: OKAY. LET'S START WITH 5419. OKAY?

MR. WADE: AND IN 5419, THIS IS -- I'M JUST PICKING UP AT THE TIME OF YOUR DIRECTION. DO YOU SEE THAT?

MR. WADE: OKAY. AND YOU SAY IN THAT FIRST ENTRY, "ALL FURTHER HCG TESTING (CTN OR VACUTAINER) IS TO BE RUN ON THE IMMULITE." RIGHT?

MR. WADE: OKAY. YOU THEN SAY, "HOLD ALL EDISON CTN RESULTS - DO NOT RELEASE." RIGHT?

MR. WADE: THAT WAS IMPORTANT; CORRECT?

MR. WADE: BECAUSE THE MOST IMPORTANT THING IS YOU WANT TO MAKE SURE -- YOU DIDN'T WANT TO MAKE SURE THAT THERE WERE -- THAT THE ACTUAL RESULTS WENT OUT THE DOOR UNTIL THE ISSUE WAS UNDERSTOOD; CORRECT?

MR. WADE: OKAY. AND THEN YOU TALKED ABOUT THE NEED TO GO BACK AND MAKE CONTACT IF THERE WAS A NEED FOR A REDRAW DUE TO INSUFFICIENT VOLUME FOR THE IMMULITE. DO YOU SEE THAT?

MR. WADE: OKAY. SO THEN THAT WAS AT 7:52 ON THE 30TH; RIGHT?

MR. WADE: OKAY. IF WE GO TO THE NEXT EMAIL ON THE CHAIN, YOU CAN SEE THAT'S JUNE 4TH AT 5:03. DO YOU SEE THAT?

MR. WADE: AND MS. ALAMDAR NOTES THAT THERE WERE SOME RESULTS IN LIS FOR HCG FOR EDISON. DO YOU SEE THAT?

MR. WADE: AND SHE'S WONDERING WHETHER IT CAN BE RELEASED?

MR. WADE: BECAUSE SHE WASN'T ON THE OTHER EMAIL MAYBE, OR DIDN'T SEE IT, IT WOULD SEEM.

MR. WADE: OKAY. AND SHE'S ASKING YOU A QUESTION AS TO WHETHER SHE CAN RELEASE IT?

MR. WADE: OKAY. AND THAT WOULD HAVE BEEN YOUR JUDGMENT TO RESPOND TO HER AT THAT POINT; RIGHT?

MR. WADE: WELL, YOU MADE THE -- YOU HALTED THE TESTS ON FRIDAY; RIGHT?

MR. WADE: AND IT MAY HAVE BEEN THAT IT TOOK AWHILE TO GET OUT TO THE PATIENT SERVICE CENTERS TO REVISE THE METHOD FOR HCG; RIGHT? THEY MIGHT HAVE KEPT GOING FOR AWHILE WITH CTN'S?

MR. WADE: OKAY. BUT THE MOST IMPORTANT THING WAS THAT THE RESULTS NOT BE REPORTED; CORRECT?

MR. WADE: OKAY. AND SHE'S ASKING WHETHER THE RESULTS COULD BE REPORTED?

MR. WADE: AND I DON'T KNOW THAT WE HAVE A RESPONSE, BUT SHE'S DIRECTING THAT INQUIRY TO YOU; RIGHT?

MR. WADE: OKAY. LET'S LOOK AT THE NEXT EMAIL AT 5:09. DO YOU SEE THAT?

MR. WADE: OKAY. AND THAT SAYS THAT DANIEL -- DANIEL REPORTS TO MR. BALWANI THAT HE WAS JUST SPEAKING WITH YOU ABOUT THIS. DO YOU SEE THAT?

MR. WADE: AND DO YOU RECALL THERE WAS THAT EMAIL WHERE MR. BALWANI WAS KIND OF MAD, HE WANTED TO MAKE SURE HE GOT YOU IN THE LOOP WITH DANIEL, WITH DR. YOUNG AND DR. PANGARKAR?

MR. WADE: NO, IT WAS ON THIS ISSUE IN THIS TIME PERIOD.

MR. WADE: RIGHT. AND DO YOU RECALL THOSE WERE HCG RESULTS RELATING TO A STUDY THEY WERE DOING RIGHT IN THIS SAME TIME PERIOD?

MR. WADE: OKAY. WE'LL KEEP GOING. DO YOU SEE THEN THE NEXT EMAIL IN THAT CHAIN, WHICH IS AT 5:12 -- OH, BY THE WAY, THE PRIOR EMAIL, IT SAYS, "WE WILL HOLD THE RESULT," THE EMAIL FROM DANIEL, IT SAYS, "WE WILL HOLD THE RESULT UNTIL THE STUDY WE ARE RUNNING ON THE EDISON ASSAY IS DONE." DO YOU SEE THAT?

MR. WADE: OKAY. SO, AGAIN, HOLDING THE RESULTS; CORRECT?

MR. WADE: OKAY. THAT WAS THE MOST IMPORTANT THING; RIGHT?

MR. WADE: OKAY. LET'S GO TO THE NEXT EMAIL. THIS IS AT 5:12 P.M.

MR. WADE: WELL, HE REFERS TO THE EDISON ASSAY, RIGHT, IN THAT EMAIL?

MR. WADE: OKAY. BUT I -- FAIR POINT. IT'S NOT CLEAR; RIGHT? BUT HE SAYS HE'S HOLDING RESULTS UNTIL THE STUDY IS DONE?

MR. WADE: I THINK -- YOU SEE HE SAYS HERE, I WAS JUST SPEAKING WITH ADAM ABOUT THIS?

MR. WADE: RIGHT? MAYBE YOU WERE WEIGHING IN AND HE WAS JUST CONVEYING THAT TO MR. BALWANI?

MR. WADE: OKAY. BECAUSE YOU DON'T REMEMBER ANY OF THIS; RIGHT?

MR. WADE: DIDN'T YOU SAY --

MR. WADE: YOU RECALL THERE WAS AN ISSUE; RIGHT?

MR. WADE: BUT YOU DON'T RECALL ANY OF THE SPECIFICS; RIGHT?

MR. WADE: OKAY. LET'S GO TO THE NEXT EMAIL. AND IT SAYS -- THAT'S AN EMAIL FROM, IN RESPONSE TO THE PRIOR ONE THAT SAYS, FROM DANIEL YOUNG, "BY THE WAY, WE NEVER SWITCHED TO IMMULITE IN LIS - IT WAS NOT CLEAR TO ME THAT THIS DECISION WAS MADE." DO YOU SEE THAT?

MR. WADE: AND YOU DON'T KNOW WHAT "THIS DECISION" HE'S REFERRING TO THERE IS, DO YOU?

MR. WADE: RIGHT. AND THAT'S WHETHER OR NOT IT WOULD BE COMMUNICATED OUT TO THE PATIENT SERVICE CENTERS TO ALTER THE DRAW METHOD; RIGHT?

MR. WADE: RIGHT?

MR. WADE: BUT HE'S NOT SAYING THERE THAT YOU'RE GOING TO RELEASE ANY RESULTS; RIGHT? IT'S JUST A QUESTION OF WHETHER THAT CHANGE IN COLLECTION METHOD HAD BEEN IMPLEMENTED IN LIS; RIGHT?

MR. WADE: DO YOU SEE ANY INDICATION THERE THAT HE'S GOING TO RELEASE RESULTS?

MR. WADE: NO. LET'S GO TO THE NEXT EMAIL.

MR. WADE: YOU DON'T SEE ANY INDICATION THAT HE IS, THOUGH, FROM THESE EMAILS, DO YOU? DO YOU?

MR. WADE: OKAY. YOU DON'T REMEMBER THAT LEVEL OF DETAIL ABOUT THESE EVENTS; RIGHT?

MR. WADE: OKAY.

MR. WADE: LET'S JUST KEEP LOOKING AT THE EMAILS, BECAUSE I BELIEVE THAT'S WHAT YOU'VE BEEN TESTIFYING ABOUT AND I JUST WANT TO MAKE SURE THE RECORD IS CLEAR ON THE EMAILS. OKAY?

MR. WADE: OKAY. SO THEN THE NEXT EMAIL AT 5:14 IS A QUESTION FROM MR. BALWANI ABOUT THE STUDY?

MR. WADE: YOU'RE NOT ON THAT?

MR. WADE: AND THEN THE NEXT EMAIL AT 5:16 IS AN EMAIL FROM YOU; RIGHT?

MR. WADE: OKAY. AND YOU, YOU NOTE THAT DANIEL, CHINMAY AND I DISCUSSED THE PLAN FOR HCG; RIGHT?

MR. WADE: YOU'RE WORKING TOGETHER ON THIS; RIGHT?

MR. WADE: OKAY. AND ALTHOUGH THERE ARE SEPARATE EMAIL CHAINS GOING, YOU'RE BOTH REFERRING TO DISCUSSIONS YOU'RE HAVING WITH EACH OTHER; RIGHT?

MR. WADE: AND YOU -- I TAKE IT IF YOU WROTE THAT YOU WERE DISCUSSING THAT WITH THEM, YOU BELIEVED THAT TO BE TRUE AT THE TIME?

MR. WADE: OKAY. AND YOU TALKED ABOUT THE METHOD --

MR. WADE: YOUR OBJECTION IS NOTED. LET'S LOOK AT THE --

MR. WADE: LET'S LOOK AT THE GOING FORWARD. OKAY? DO YOU SEE THE GOING FORWARD?

MR. WADE: OKAY. AND YOU ARE THE ONE WHO LAYS OUT EXACTLY WHAT'S GOING TO HAPPEN THERE; RIGHT?

MR. WADE: OKAY. BASED ON YOUR DISCUSSIONS WITH DANIEL AND CHINMAY; RIGHT?

MR. WADE: AND YOU'RE REPORTING THAT TO MR. BALWANI?

MR. WADE: CORRECT?

MR. WADE: OKAY. AND THEN THE NEXT EMAIL IN THIS WINDOW IS FROM DR. PANGARKAR. DO YOU SEE THAT?

MR. WADE: AND THAT'S EXHIBIT 5419. THAT'S AN EMAIL WHERE HE'S TALKING ABOUT THE STUDY THAT'S BEING DONE?

MR. WADE: AND THE IQP? DO YOU SEE THAT?

MR. WADE: OKAY. AND WE HAVE JUST TWO MORE. I'LL BRING YOU TO THE NEXT PAGE. THIS IS NOW AT 6:29 P.M.; RIGHT?

MR. WADE: AND WE'RE IN A DIFFERENT EMAIL CHAIN NOW?

MR. WADE: BUT JUST AFTER THAT, IT'S THE NEXT EMAIL SEQUENTIALLY. DANIEL NOTES THAT THEY'RE REPEATING THE IQP; RIGHT?

MR. WADE: AND THEN HE NOTES, IF WE NEED TO COLLECT THE VACUTAINERS TOMORROW, WE'LL NEED TO SEND SPECIAL INSTRUCTIONS TO THE PSC'S; RIGHT? DO YOU SEE THAT?

MR. WADE: AND IT'S -- AND YOU'RE ON THIS EMAIL?

MR. WADE: OKAY. AND IT SAYS RIGHT NOW WE'RE NOT PLANNING ON DOING THIS; RIGHT?

MR. WADE: OKAY. AND SO WHAT HE'S SAYING IS THERE'S BASICALLY A HOLD, AND IF WE DECIDE WE NEED REDRAWS SO THAT WE CAN SWITCH THIS, THE CTN'S THAT WERE GOING TO THE EDISONS TO VACUTAINERS, WE'LL DO IT; RIGHT?

MR. WADE: THAT'S WHAT HE'S SAYING RIGHT THERE; RIGHT?

MR. WADE: WELL, THERE'S A STUDY UNDERWAY; RIGHT, DOCTOR?

MR. WADE: OKAY. AND WHAT HE'S -- ISN'T WHAT HE'S ESSENTIALLY SAYING IS LET'S -- WE'RE ALMOST DONE, LET'S WAIT AND SEE WHAT IT SHOWS?

MR. WADE: AND IF WE DON'T NEED TO GO OUT AND BOTHER THESE PEOPLE TO GET ANOTHER BLOOD DRAW, WE WON'T DO IT; RIGHT?

MR. WADE: BUT IF WE DO NEED TO BOTHER THEM, WE'LL DO IT; RIGHT?

MR. WADE: IT SAYS, IF WE NEED TO COLLECT VACUTAINERS TOMORROW, WE WOULD NEED TO SEND SPECIAL INSTRUCTIONS TO THE PSC'S; RIGHT?

MR. WADE: OKAY. AND THEN THE LAST EMAIL IN THIS CHAIN JUST RELATES TO HOW THAT WILL WORK WITHIN THE OPERATIONAL COMPONENTS OF THE LIS; RIGHT?

MR. WADE: AND HOW IT WOULD BE COMMUNICATED OUT TO THE LAB, OR TO THE PSC'S; RIGHT?

MR. WADE: THERE'S NOTHING IN ANY OF THESE EMAILS THAT SAYS THAT THEY'RE GOING TO RELEASE RESULTS; RIGHT?

MR. WADE: OKAY. AND THERE'S NOTHING IN ANY OF THESE EMAILS THAT SUGGESTS THAT YOUR DIRECTION, WHICH WAS THE FIRST EMAIL IN THE CHAIN, HAS BEEN COUNTERMANDED; RIGHT?

MR. WADE: WELL, YOU SEE THAT THEY'RE, THEY'RE ASKING YOU QUESTIONS ABOUT WHETHER THEY CAN RELEASE RESULTS; RIGHT?

MR. WADE: AND WOULD YOU HAVE ANSWERED THOSE QUESTIONS IF THEY ASKED THEM?

MR. WADE: AND WHAT ANSWER WOULD YOU HAVE GIVEN?

MR. WADE: OKAY. AND THE GOVERNMENT ALSO SHOWED YOU SOME DOCUMENTS THAT RELATED TO QC THAT WAS PERFORMED. DO YOU RECALL THAT? ON THE EDISONS IN JUNE OF 2014?

MR. WADE: YES.

MR. WADE: YES. DO YOU RECALL THAT?

MR. WADE: OKAY. AND YOU'LL RECALL, MUCH OF THE QUESTIONING ON CROSS-EXAMINATION CAME UP BECAUSE THE QUESTION WAS ASKED OF YOU IN YOUR DIRECT EXAMINATION WHETHER YOU KNEW ABOUT THE FACT THAT HCG WENT BACK ONTO EDISONS AFTER YOU ISSUED THAT DIRECTIVE AND YOU SAID YOU WERE UNAWARE OF THAT; RIGHT?

MR. WADE: OKAY. AND I SHOWED YOU SOME DOCUMENTS IN CROSS-EXAMINATION THAT SUGGESTED YOU PROBABLY WERE AWARE IN MID TO LATE MARCH; RIGHT? DO YOU RECALL THAT?

MR. WADE: RIGHT. AND DO YOU RECALL IN CROSS-EXAMINATION I SHOWED YOU MANY EMAILS FROM MID TO LATE MARCH THAT INDICATED THAT EDISON WAS BACK ON? DO YOU RECALL THAT?

MR. WADE: I'M SORRY.

MR. WADE: I'M SORRY. I'M CONFUSING MY MONTHS BETWEEN MY HEAD AND MY MOUTH.

MR. WADE: YEAH, I AM. THANKS. LET ME TRY IT AGAIN. I SHOWED YOU A NUMBER OF EMAILS IN MID TO LATE JUNE --

MR. WADE: -- THAT SUGGESTED THAT YOU WERE AWARE THAT EDISON HCG TESTS WERE BACK UP AND RUNNING; RIGHT?

MR. WADE: DO YOU RECALL THAT?

MR. WADE: AND THE GOVERNMENT DIDN'T SHOW YOU THOSE; RIGHT?

MR. WADE: AND THEY DIDN'T SHOW YOU THOSE IN THE MEETING; RIGHT?

MR. WADE: THAT YOU HAD ANSWERED WERE YOU AWARE, AND YOU SAID I WAS NOT AWARE; RIGHT?

MR. WADE: OKAY. LET'S LOOK AT EXHIBITS 5421 AND 5422. NOW, THESE ARE GOVERNMENT EXHIBITS ABOUT THE QUALITY CONTROL ON EDISONS; RIGHT?

MR. WADE: IN LATE JUNE; RIGHT?

MR. WADE: AND IT TALKS ABOUT THE FACT THAT HCG IS COMING UP ON THE EDISON; RIGHT?

MR. WADE: OKAY. AND SO WHEN THE GOVERNMENT WAS ASKING YOU QUESTIONS, THEY KNEW THAT HCG HAD COME BACK UP ON EDISONS AND THAT YOU WERE AWARE OF IT BECAUSE THEY HAD THESE EMAILS, BUT THEY DIDN'T SHOW YOU THESE EMAILS, DID THEY?

MR. WADE: RIGHT. BUT IT SAYS THEY'RE BRINGING UP HCG ON EDISONS; RIGHT? ISN'T THAT THE IMPLICATION OF THIS EMAIL?

MR. WADE: RIGHT. THEY'RE BRINGING THE HCG TEST --

MR. WADE: RIGHT. SO IT WAS BACK ON EDISONS IF IT PASSED QUALITY CONTROL; RIGHT?

MR. WADE: WHICH EMAIL ARE YOU LOOKING AT, SIR?

MR. WADE: THE ONE ON THE LEFT. RIGHT. AND IT INDICATES THAT WITHIN THE LABORATORY BRING UP, THEY'RE WORKING TO GET THE HCG UP ONTO THE EDISON; RIGHT?

MR. WADE: OKAY. AND THE OTHER EMAIL INDICATES THAT AS WELL; RIGHT?

MR. WADE: YEAH. AND WE SAW THE OTHER DOCUMENTS WHERE YOU KNEW THAT THE GOVERNMENT DIDN'T SHOW YOU; RIGHT? THE OTHER DOCUMENTS WHERE YOU KNEW IN LATE JUNE THAT HCG WAS BROUGHT UP ON THE EDISON?

MR. WADE: SIR, THE GOVERNMENT NEVER SHOWED YOU THESE EMAILS ON YOUR DIRECT TESTIMONY WHEN YOUR TESTIMONY WAS IN ERROR; RIGHT?

MR. WADE: YEAH. AND BY THE WAY, THOSE -- THE QUALITY CONTROL RESULTS THAT WERE DEPICTED IN THOSE DOCUMENTS, YOU WERE GETTING THEM IT LOOKED LIKE DAILY; RIGHT? THEY SHOWED YOU A COUPLE OF DAYS WORTH OF THOSE EMAILS FROM MR. GEE; RIGHT?

MR. WADE: WELL, YOU SAW THE INSTRUMENT BRING UP INFORMATION?

MR. WADE: AND YOU WERE GETTING THOSE EMAILS DAILY; RIGHT?

MR. WADE: BUT YOU GOT THAT INFORMATION; RIGHT, SIR?

MR. WADE: AND WE'VE TALKED ABOUT HOW YOU GOT OTHER INFORMATION FROM MR. GEE ON QUALITY CONTROL; RIGHT?

MR. WADE: AND IF YOU HAD ANY CONCERNS AS A RESULT OF THAT INFORMATION ABOUT THE ACCURACY AND RELIABILITY OF THE TEST, YOU WOULD HAVE TAKEN ACTION IMMEDIATELY; RIGHT?

MR. WADE: OKAY. AND THAT'S TRUE GENERALLY WITH RESPECT TO CONCERNS, BECAUSE YOU TALKED SOMETIMES ABOUT CONCERNS -- AND MAYBE IT COMES UP WITH THE BENEFIT OF HINDSIGHT OR SOMETHING -- BUT WHEN YOU WERE IN THE LAB IN REAL TIME, IF THERE WAS A CONCERN ABOUT THE ACCURACY OR RELIABILITY OF A TEST, YOU ACTED ON IT; RIGHT?

MR. WADE: AND YOU WERE THE MOST KNOWLEDGEABLE, QUALIFIED, COMPETENT PERSON TO ACT IN THAT REGARD WITHIN THERANOS; RIGHT?

MR. WADE: YOU WERE ASKED ON REDIRECT ABOUT COMPLAINTS. DO YOU RECALL THAT?

MR. WADE: AND YOU WENT BACK ESSENTIALLY TO THE TESTIMONY THAT THE COMPLAINTS WERE MORE FREQUENT AT THERANOS THAN THEY WERE AT THE UNIVERSITY OF PITTSBURGH. DO YOU RECALL THAT?

MR. WADE: YEAH. YOU RECALL THAT THEY WERE MORE FREQUENT; RIGHT?

MR. WADE: AND YOU RECALL I SHOWED YOU YESTERDAY YOUR TESTIMONY FROM 2019 IN WHICH YOU SAID THAT THE DOCTOR COMPLAINTS WERE NOT MORE FREQUENT; RIGHT?

MR. WADE: RIGHT. YOU TESTIFIED THAT -- WELL, WE CAN LOOK AT IT. LET'S LOOK AT IT. 11000, WHICH IS IN YOUR YELLOW BINDER. AND IT'S PAGE 122, DOCTOR.

MR. WADE: AND IF YOU LOOK AT LINE 12 OF 122?

MR. WADE: DOES THIS REFRESH YOUR RECOLLECTION THAT YOU WERE ASKED, "WERE THESE TYPES OF PHYSICIAN COMPLAINTS COMMON DURING YOUR TIME AT THERANOS?" AND YOU ANSWERED, "THEY WEREN'T MORE COMMON THAN WHAT ONE USUALLY SEES IN SOME LABS WITH HIGH VOLUME." DO YOU SEE THAT?

MR. WADE: AND WAS THAT TRUTHFUL TESTIMONY AT THE TIME?

MR. WADE: OKAY. AND YOU WERE ASKED IN THE NEXT QUESTION AND ANSWER ABOUT HOW IT COMPARED TO YOUR TIME -- OR YOU OFFERED A COMPARISON TO YOUR TIME AT UNIVERSITY OF PITTSBURGH. DO YOU SEE THAT?

MR. WADE: OKAY. AND YOU TESTIFIED THAT THEY WERE NOT MORE ANOMALOUS THAN WHAT YOU SAW AT THE UNIVERSITY OF PITTSBURGH; CORRECT?

MR. WADE: OKAY. AND THIS TESTIMONY THAT YOU OFFERED WAS IN 2019; RIGHT?

MR. WADE: THAT WAS BEFORE THE EVENTS RELATING TO YOUR INSPECTION AT CMS, AT PERKIN ELMER; RIGHT?

MR. WADE: AND YOU WERE TRUTHFUL IN THIS TESTIMONY; RIGHT, SIR?

MR. WADE: I HAVE NO FURTHER QUESTIONS, YOUR HONOR.

MR. WADE: HE MAY, YOUR HONOR.