Day 18 - October 13, 2021
The court completed a sealed juror inquiry before Wade Miquelon testified about Walgreens's reliance on Theranos's technology assurances, conditional rollout plans, and the early pilot's low fingerstick use. Fedwire records were later admitted, but a display failure interrupted Roberto Amenta's direct examination.
Full day summary
2. Wade Miquelon — Direct/Cross/Redirect (Continued)
Wade Miquelon's testimony moved from resumed direct examination through cross and redirect, focusing on Walgreens' Theranos agreements, conditional expansion plans, and reliance on assurances that the technology worked and fingerstick testing would predominate. Roberto Amenta was then called and sworn.
Highlights
Wade Miquelon — Directtestimony highlightMiquelon testified that Walgreens understood patient blood would be tested on the Edison device and that this understanding came from discussions with Ramesh Balwani and Elizabeth Holmes and from Walgreens' diligence.Wade Miquelon — Crossevidence eventThe court admitted the Johns Hopkins report as Government's Exhibit 302. Miquelon testified that Hopkins reviewed available information but did not receive an Edison to test independently and therefore relied on data and representations supplied to it.Wade Miquelon — Cross“WHAT WAS TOLD TO ME IS BASED UPON THE DATA AND INFORMATION THAT THEY WERE GIVING. THIS WAS THEIR ASSESSMENT.
BUT THAT WITHOUT ACTUALLY, YOU KNOW, HAVING THE TECHNOLOGY TO RUN ITSELF, THEY HAD TO RELY UPON THOSE ATTESTATIONS.”— Wade MiquelonHe qualified the Johns Hopkins assessment by identifying its dependence on information provided to the evaluators rather than independent operation of the technology.Wade Miquelon — RedirectadmissionMiquelon testified that his enthusiasm depended on representations that the technology worked and that most blood tests would use fingersticks; if those representations were untrue, he said that would affect both the value proposition and Theranos's credibility.Wade Miquelon — Redirect“WELL, IT WOULD GO TO THE HEART OF A FEW THINGS. IT WOULD GO TO THE HEART OF THE VALUE PROPOSITION, CAN YOU DO IT BETTER, FASTER, CHEAPER, OR ONLY ONE OR ONLY TWO OF THE ABOVE?
IT WOULD ALSO PROBABLY GO TO THE HEART OF JUST CREDIBILITY IN TERMS OF WHAT HAD BEEN REPRESENTED TO ME.”— Wade MiquelonMiquelon connected the truth of Theranos's technology representations to both the proposed service's value and the company's credibility.Wade Miquelon — Redirect“OVER TIME SUNNY AND ELIZABETH GAVE US ATTESTATIONS THAT THE TECHNOLOGY WORKED AND NEEDED TO BE SCALED AND SO THAT'S WHAT I BELIEVED.”— Wade MiquelonMiquelon identified Balwani and Holmes as sources of the assurances underlying his belief that the technology worked.Wade Miquelon — Redirecttestimony highlightMiquelon recalled that an initial expectation of roughly 90 percent fingerstick testing fell to almost zero for a period. He attributed Holmes's explanations to collection technique and unexpectedly frequent orders for obscure tests, not to device limitations.