Lynette Sawyer — Cross/Redirect/Recross (Continued)
720 linesCROSS-EXAMINATION (RESUMED) BY MR. WADE:
LYNETTE SAWYER: GOOD MORNING.
MR. WADE: DO YOU RECALL THAT WHEN WE BROKE LAST WEEK WE WERE -- I WAS ASKING YOU SOME QUESTIONS ABOUT THE CONSULTING AGREEMENT UNDER WHICH YOU WERE RETAINED?
LYNETTE SAWYER: YES.
LYNETTE SAWYER: YES.
MR. WADE: AND THAT SET FORTH THE WORK THAT YOU WERE GOING TO PROVIDE THROUGH THAT ENTITY. DO YOU RECALL THAT?
LYNETTE SAWYER: YES.
JUDGE DAVILA: YES, THANK YOU.
BY MR. WADE:
MR. WADE: AND IT'S ALSO IN YOUR BOOK, SO IF IT'S EASIER FOR YOU TO READ IN YOUR BOOK, PLEASE FEEL FREE TO DO THAT. IF I COULD CALL YOUR ATTENTION TO EXHIBIT 81.
JUDGE DAVILA: PARDON ME, MR. WADE. IS THERE ANY MEMBER OF THE JURY WHO IS HAVING DIFFICULTY VIEWING THIS? I SEE NO HANDS. IF ANY EXHIBIT IS BEING SHOWN AND YOU CAN'T SEE IT, PLEASE RAISE YOUR HAND AND WE'LL TRY TO REFOCUS AND DO WHAT WE NEED TO DO. THANK YOU, MR. WADE.
MR. WADE: AND I BELIEVE THAT WE WERE GOING THROUGH SOME QUESTIONS ON THIS WHEN WE BROKE LAST TIME. YOU RECOGNIZE THIS AS THE SCOPE OF SERVICES AND COMPENSATION FOR THE WORK THAT YOU WERE GOING TO DO AT THERANOS; CORRECT?
LYNETTE SAWYER: RIGHT.
MR. WADE: AND ON THAT TOP PARAGRAPH NUMBER 1, DO YOU SEE THAT YOU'RE PROVIDED A CONTACT THERE AND THAT IS MR. BALWANI; CORRECT?
LYNETTE SAWYER: CORRECT.
MR. WADE: AND I BELIEVE YOU TESTIFIED LAST WEEK THAT YOU HAD TWO INTERACTIONS WITH MR. BALWANI; RIGHT?
LYNETTE SAWYER: AS I RECALL, YES.
MR. WADE: OKAY. AND DO YOU RECALL UNDERSTANDING AT THE TIME THAT YOU BEGAN THIS ENGAGEMENT THAT HE WAS TO BE YOUR PRINCIPAL POINT OF CONTACT AT THE COMPANY?
LYNETTE SAWYER: I DON'T ACTUALLY RECALL ONE WAY OR THE OTHER.
MR. WADE: OKAY. DO YOU REMEMBER THAT YOU RECALL THAT WE SAW THIS DOCUMENT THAT WAS SIGNED BY MR. HURST?
LYNETTE SAWYER: YES.
MR. WADE: OKAY. DO YOU RECALL WHETHER MR. HURST EVER TOLD YOU, IF YOU HAVE ANY QUESTIONS OR HAVE ANY NEEDS, YOUR POINT OF CONTACT SHOULD BE MR. BALWANI?
LYNETTE SAWYER: I DO NOT RECALL HIM TELLING ME THAT.
MR. WADE: OKAY. THE AGREEMENT THEN SETS FORTH SERVICES THAT YOU'RE TO PROVIDE, AND JUST UNDER THIS SECOND PARAGRAPH, IF WE CAN GRAB THE NEXT SECTION OF THE DOCUMENT BELOW THIS SECTION, DO YOU SEE IT SAYS THAT YOU'RE TO FUNCTION AS THE CO-LAB DIRECTOR? DO YOU SEE THAT?
LYNETTE SAWYER: UH-HUH.
LYNETTE SAWYER: CORRECT.
MR. WADE: AND THERE ARE THEN -- IF WE CAN BLOW -- IF WE CAN GO BACK TO THE MAIN DOCUMENT AND GRAB, SAY, THE BOTTOM -- FROM THERE DOWN, PLEASE. THERE ARE A BUNCH OF POTENTIAL SERVICES THAT YOU MAY PROVIDE THERE. DO YOU SEE THAT?
LYNETTE SAWYER: YES.
LYNETTE SAWYER: YES.
MR. WADE: AND THERE -- AND YOU UNDERSTOOD AT THE TIME THAT THE NATURE OF SERVICES THAT YOU WERE TO PROVIDE WAS GOING TO BE LIMITED IN NATURE; CORRECT?
LYNETTE SAWYER: YES.
MR. WADE: AND IF PARTICULAR SUBSETS OF SERVICES WERE REQUIRED, THE COMPANY WOULD CONTACT YOU AND ASK YOU TO PERFORM THOSE SERVICES; CORRECT?
LYNETTE SAWYER: YES.
MR. WADE: AND THE COMPANY DID CONTACT YOU WITH RESPECT TO A NUMBER OF DIFFERENT POLICIES THAT THEY ASKED YOU TO REVIEW; RIGHT?
LYNETTE SAWYER: THEY HAD ME REVIEW A NUMBER OF SOP'S, YES.
MR. WADE: AND DO YOU RECALL THAT ONE OF THE THINGS THAT THE COMPANY WAS SEEKING ASSISTANCE WITH IN THIS TIME PERIOD WAS IMPROVING THE PAPERWORK AND ITS POLICIES GIVEN SOME DEFICIENCIES WITH RESPECT TO A PRIOR LAB DIRECTOR?
MR. WADE: OKAY. BUT YOU DO RECALL THAT YOU WERE SENT A NUMBER OF POLICIES THROUGHOUT YOUR TENURE TO REVIEW; CORRECT?
LYNETTE SAWYER: YES. BUT THAT WOULD NOT HAVE NECESSARILY HAD ANYTHING TO DO WITH DEFICIENCIES BECAUSE A NEW LAB DIRECTOR MUST SIGN DOCUMENT -- MUST SIGN SOP'S WITHIN A REASONABLE TIME.
MR. WADE: OKAY. RIGHT. SO IF THERE WERE NEW POLICIES OR CHANGES IN POLICIES THAT WERE PUT IN PLACE, YOU WERE THERE TO REVIEW THEM AND SIGN OFF ON THEM; IS THAT CORRECT?
LYNETTE SAWYER: YES.
MR. WADE: AND, AND WE'LL GET TO SOME OF THOSE. BUT YOU DID THAT, IT LOOKS LIKE, FOR HUNDREDS OF POLICIES MAYBE; RIGHT?
LYNETTE SAWYER: THAT IS TRUE.
MR. WADE: OKAY. AND THAT WAS ON A REGULAR BASIS? DURING YOUR TENOR, YOU WOULD BE SENT DOCUMENTATION FOR YOU TO REVIEW AND APPROVE; CORRECT?
LYNETTE SAWYER: YES.
JUDGE DAVILA: WHILE THAT IS BEING DRAWN UP -- PARDON ME, MR. WADE -- LADIES AND GENTLEMEN, YOU SHOULD BE ABLE TO SEE THE WITNESS ALSO. IF ANYONE CANNOT SEE THE WITNESS AS SHE TESTIFIES, PLEASE RAISE YOUR HAND. THAT'S AN IMPORTANT PART OF THE EVIDENCE ALSO. I SEE NO HANDS. I ASSUME THEN EVERYONE HAS THE OPPORTUNITY TO SEE THE WITNESS AS SHE TESTIFIES. ALL RIGHT. THANK YOU. SORRY, MR. WADE.
MR. WADE: OKAY. AND DO YOU SEE THIS SETS FORTH THE COMPENSATION THAT WAS TO BE PAID IN CONNECTION WITH THE SERVICES? DO YOU SEE THAT?
LYNETTE SAWYER: YES.
MR. WADE: AND DO YOU RECALL LAST WEEK YOU TESTIFIED THAT AT THE OUTSET IT WAS CONTEMPLATED THAT THE ENGAGEMENT WOULD BE FOR A COUPLE OF MONTHS? DO YOU RECALL THAT?
LYNETTE SAWYER: TWO TO MAYBE THREE.
MR. WADE: OKAY. LET'S TAKE A LOOK AT THE LANGUAGE WITHIN THIS COMPENSATION. IF WE CAN FOCUS ON THIS LANGUAGE HERE (INDICATING), "PAYMENTS WILL BE MADE WITHIN 30 DAYS." DO YOU SEE THAT? AND THEN LET'S HIGHLIGHT THE NEXT SENTENCE AS WELL, PLEASE, MR. BENNETT. DO YOU SEE THERE WITHIN THE AGREEMENT IT SETS FORTH THAT THE DURATION OF THIS AGREEMENT WILL BE THROUGH MAY 19TH, 2015? DO YOU SEE THAT?
LYNETTE SAWYER: YES.
LYNETTE SAWYER: YES.
LYNETTE SAWYER: YES.
LYNETTE SAWYER: YES.
MR. WADE: OKAY. AND UP HERE IT SAYS THAT AT THAT POINT WE WILL ASSESS THIS AGREEMENT AND THE TERMS OF THE SERVICES OF THE AGREEMENT GOING FORWARD. DO YOU SEE THAT?
LYNETTE SAWYER: UH-HUH.
MR. WADE: AND THEN A DECISION WOULD BE MADE AS TO WHETHER OR NOT THOSE SERVICES WOULD CONTINUE; CORRECT?
LYNETTE SAWYER: CORRECT.
MR. WADE: OKAY. AND THE FACT THAT THIS -- I'LL STRIKE THAT. LET ME GO TO THE NEXT PAGE, EXHIBIT A-2. AND IN ADDITION TO YOUR SERVICES, THE COMPANY ALSO RETAINED THE SERVICES OF JERRY HURST. DO YOU SEE THAT?
LYNETTE SAWYER: I SEE THAT.
MR. WADE: AND DO YOU SEE THAT THAT SETS FORTH, IF YOU LOOK IN THE LAST PARAGRAPH UNDER NUMBER 2, "GENERAL CONSULTATION ON STATE AND FEDERAL (CLIA) REQUIREMENTS, COMPLIANCE, AND CLINICAL LABORATORY OPERATIONS, OTHER SERVICES, EACH TO THE EXTENT REQUESTED BY THE COMPANY." DO YOU SEE THAT?
LYNETTE SAWYER: I SEE THAT.
LYNETTE SAWYER: IT WOULD APPEAR SO.
MR. WADE: AND I THINK WE TALKED A LITTLE BIT ABOUT MR. HURST LAST WEEK, BUT HE WAS A VERY EXPERIENCED LAB PERSON, WAS HE NOT?
LYNETTE SAWYER: YES.
MR. WADE: HE, HE HAD BEEN, HE HAD BEEN A LABORATORY CONSULTANT FOR MANY YEARS. DO YOU RECALL YOUR TESTIMONY RELATING TO THAT?
LYNETTE SAWYER: HE HAS BEEN A LABORATORY CONSULTANT FOR SEVERAL YEARS, YES.
LYNETTE SAWYER: TECHNICALLY HE WAS NOT A CLIA INSPECTOR. HE WAS A STATE OF CALIFORNIA INSPECTOR. THEY DID INSPECTIONS FOR CLIA. HE WAS NOT A CLIA EMPLOYEE.
LYNETTE SAWYER: YES.
MR. WADE: AND HE DID CLIA INSPECTIONS PURSUANT TO A JOINT ARRANGEMENT BETWEEN THE STATE AND FEDERAL GOVERNMENTS; CORRECT?
LYNETTE SAWYER: CORRECT.
LYNETTE SAWYER: YES.
LYNETTE SAWYER: I BELIEVE SO.
MR. WADE: AND I THINK YOU TESTIFIED LAST WEEK THAT HE'S A GUY WHO WOULD FREQUENTLY CONSULT WITH A VARIETY OF COMPANIES THAT OPERATED LABS IN THIS AREA; CORRECT?
LYNETTE SAWYER: TO THE BEST OF MY KNOWLEDGE, BUT I DON'T KEEP TABS ON EXACTLY WHO HE WORKS WITH.
MR. WADE: OKAY. DO YOU RECALL, FOR EXAMPLE, THAT HE HAD DONE CONSULTING WORK FOR QUEST DIAGNOSTICS?
LYNETTE SAWYER: NO, I DID NOT KNOW THAT.
MR. WADE: OKAY. DO YOU RECALL THAT HE HAD DONE CONSULTING WORK FOR, YOU KNOW, ABOUT 50 DIFFERENT LAB COMPANIES?
LYNETTE SAWYER: I WOULD HAVE NO IDEA OF THE NUMBER. I KNOW A VARIETY OF -- THAT HE HAS DONE WORK FOR A VARIETY OF LABS, YES.
MR. WADE: OKAY. AND DO YOU KNOW THAT HE ALSO HAS -- HE'S CALLED UPON FOR HIS EXPERTISE FROM TIME TO TIME? DO YOU KNOW THAT?
LYNETTE SAWYER: YES.
MR. WADE: AND INCLUDING HE SERVED AS AN EXPERT FOR THE UNITED STATES DEPARTMENT OF JUSTICE. ARE YOU AWARE OF THAT?
MR. WADE: OKAY. ARE YOU AWARE THAT HE SERVED AS AN INDEPENDENT EXPERT CONSULTANT FOR THE CENTER FOR MEDICARE AND MEDICAID SERVICES?
MR. WADE: AND HE'S SOMEONE WHO YOU HAD INTERACTED WITH FREQUENTLY WHILE YOU WERE WORKING WITH HIS COMPANY; IS THAT FAIR?
LYNETTE SAWYER: RELATIVELY, YES.
LYNETTE SAWYER: YES.
LYNETTE SAWYER: YES.
MR. WADE: OKAY. NOW, THE PART-TIME ARRANGEMENT THAT YOU HAD WITH THE COMPANY, THAT WAS GENERALLY FOR A LIMITED PERIOD OF HOURS A WEEK; CORRECT?
LYNETTE SAWYER: YES.
MR. WADE: AND I THINK WE TALKED ABOUT LAST WEEK THAT YOU WERE -- IT WAS UNDERSTOOD THAT YOU WEREN'T GOING TO BE ON SITE; CORRECT?
LYNETTE SAWYER: CORRECT.
MR. WADE: OKAY. LET'S TAKE A LOOK AT EXHIBIT 2553, WHICH IS IN EVIDENCE. MAY I PUBLISH, YOUR HONOR?
JUDGE DAVILA: YES.
MR. WADE: AND IF WE CAN GO TO PAGE 4 OF THE EXHIBIT. LET'S BLOW UP THE TOP THIRD OR SO. BOY, AND THIS IS A TOUGH ONE.
MR. WADE: DO YOU SEE THAT THIS IS A RENEWAL OF CLINICAL LABORATORY LICENSE? IT MIGHT BE EASIER FOR YOU TO SEE IT IN THE BOOK.
LYNETTE SAWYER: YES.
LYNETTE SAWYER: YES.
MR. WADE: OKAY. AND THIS IS ONE THAT WAS SUBMITTED ON BEHALF OF THERANOS IN JUNE OF 2015. DO YOU SEE THAT? LET ME GO TO THE NEXT PAGE. I'LL, I'LL -- IF YOU'LL --
LYNETTE SAWYER: I'M NOT ACTUALLY SEEING THE DATE RIGHT NOW.
LYNETTE SAWYER: OKAY.
LYNETTE SAWYER: MAYBE.
LYNETTE SAWYER: YES.
LYNETTE SAWYER: I BELIEVE SO.
MR. WADE: OKAY. AND IF WE GO JUST UP FROM THE PARAGRAPH THAT IS BLOWN UP, IF WE GO TO THE TOP OF EXHIBIT -- PAGE 5 OF EXHIBIT 2553. DO YOU SEE THERE THAT YOU'RE IDENTIFIED AS ONE OF THE LABORATORY DIRECTORS? DO YOU SEE THAT?
LYNETTE SAWYER: YES.
LYNETTE SAWYER: I SEE THAT.
MR. WADE: AND DO YOU BELIEVE THAT TO BE AN ACCURATE STATEMENT OF THE SERVICES THAT YOU WERE TO BE PROVIDING?
LYNETTE SAWYER: PROBABLY.
MR. WADE: OKAY. AND DO YOU RECALL LAST WEEK THAT YOU, YOU HAD SAID THAT YOU WANTED TO HAVE A ROSTER OF PERSONNEL WITHIN THE LABORATORY?
LYNETTE SAWYER: YES.
MR. WADE: AND I THINK WE ESTABLISHED THAT YOU HAD TWO CONVERSATIONS WITH MR. BALWANI. DO YOU THINK THAT YOU ASKED FOR THAT IN THAT FIRST CONVERSATION WITH MR. BALWANI?
LYNETTE SAWYER: YES.
LYNETTE SAWYER: YES.
MR. LEACH: OBJECTION.
LYNETTE SAWYER: SOMETHING.
MR. LEACH: OBJECTION.
JUDGE DAVILA: IT CALLS FOR SPECULATION, I THINK. THE ANSWER IS STRICKEN. YOU CAN ASK ANOTHER QUESTION.
LYNETTE SAWYER: CORRECT.
LYNETTE SAWYER: I DID NOT.
MR. WADE: OKAY. LET'S GO FORWARD TO PAGE 11 OF THIS DOCUMENT. AND IF WE CAN JUST BLOW UP THE MIDDLE THIRD OR SO.
LYNETTE SAWYER: HMM.
LYNETTE SAWYER: YES, I DO.
LYNETTE SAWYER: YES.
MR. WADE: OKAY. AND YOU SEE IT'S FILLED OUT AND IDENTIFIES THE DIRECTORS AT THIS TIME AND THE TESTING PERSONNEL?
LYNETTE SAWYER: YEP.
MR. WADE: OKAY. SO THIS WAS JUST SOMETHING THAT YOU WERE HOPING TO HAVE AT THE TIME THAT YOU JOINED THE COMPANY?
LYNETTE SAWYER: YES.
COURT CLERK: IT IS.
COURT CLERK: YES.
MR. WADE: YEAH. I THINK THE GOVERNMENT SHOWED YOU THE LAST PAGE OF THIS DOCUMENT LAST WEEK. DO YOU RECALL THAT?
LYNETTE SAWYER: YES.
MR. WADE: IF WE CAN BLOW UP THE BOTTOM OF THAT PAGE THERE WITH YOUR SIGNATURE. THIS IS DATED NOVEMBER 19TH, 2014; RIGHT?
LYNETTE SAWYER: YES.
LYNETTE SAWYER: YES.
MR. WADE: AND HERE -- DO YOU SEE THERE, THERE'S A BOX FOR WHETHER YOU'RE GOING TO BE THE CLIA DIRECTOR?
LYNETTE SAWYER: I DO.
LYNETTE SAWYER: CORRECT.
MR. WADE: OKAY. AND, AGAIN, YOU UNDERSTOOD THAT AT THE TIME, THAT YOU WERE GOING TO BE A CO-DIRECTOR?
LYNETTE SAWYER: YES.
MR. WADE: OKAY. LET'S GO TO 13 -- WELL, BEFORE I GO TO THE NEXT EXHIBIT, YOU RECALL THAT THERE WAS SOME TESTIMONY ABOUT YOUR DEPARTURE FROM THE COMPANY WHEN YOU STOPPED WORKING AT THERANOS?
LYNETTE SAWYER: YES.
MR. WADE: AND YOU SAID SOMETHING TO THE EFFECT OF YOU WERE -- YOU WEREN'T COMFORTABLE WITH THE CONDITIONS UNDER WHICH YOU WERE WORKING, SO YOU WANTED TO DEPART?
LYNETTE SAWYER: YES.
MR. WADE: OKAY. AND BETWEEN NOVEMBER 19TH, 2014, AND THE TIME PERIOD WHERE YOU COMMUNICATED WITH MR. BALWANI, DID YOU COMMUNICATE WITH ANYONE AT THE COMPANY ABOUT THE FACT THAT YOU WANTED TO MAKE SOME CHANGES TO BE MORE COMFORTABLE WITH THE CONDITIONS?
LYNETTE SAWYER: I ATTEMPTED TO COMMUNICATE CHANGES TO SOME OF THE SOP'S I WAS SIGNING.
LYNETTE SAWYER: I CONTACTED THE WOMAN WHO HAD SENT ME THE SOP'S.
LYNETTE SAWYER: YEAH.
LYNETTE SAWYER: THROUGH EMAIL.
LYNETTE SAWYER: THROUGH EMAIL, YES.
MR. WADE: THROUGH EMAIL. BUT YOU DIDN'T CALL ANYONE TO HAVE A CONVERSATION TO TRY TO CHANGE THE CONDITIONS UNDER WHICH YOU WORKED?
MR. WADE: OKAY. AND THE, THE -- AT YOUR DEPARTURE, I THINK YOU SAID THAT YOU HAD A CONVERSATION WITH MR. BALWANI AND THAT HE WAS KIND OF PUSHY. DO YOU RECALL THAT?
LYNETTE SAWYER: I RECALL SAYING THAT. THAT IS MY RECOLLECTION, YES.
MR. WADE: OKAY. AND THAT IS BECAUSE YOU WERE, YOU WERE -- IT WAS YOUR BELIEF THAT YOU WERE TRYING TO DEPART OR -- DESCRIBE FOR US WHY YOU SAY HE WAS PUSHY.
LYNETTE SAWYER: HE WAS JUST HOPING I WOULD STAY LONGER.
LYNETTE SAWYER: UH-HUH.
JUDGE DAVILA: IS THAT YES? EXCUSE ME, IS THAT YES DR. SAWYER?
LYNETTE SAWYER: YES. SORRY.
JUDGE DAVILA: THANK YOU.
BY MR. WADE:
MR. WADE: YEAH, WE HAVE TO MAKE SURE OUR ANSWERS ARE AUDIBLE TO MAKE OUR RECORD CLEAR WITH OUR COURT REPORTER.
LYNETTE SAWYER: YES.
MR. WADE: SO WHEN YOU SAY HE WAS PUSHY, HE WAS HOPING THAT YOU WERE GOING TO STAY A LITTLE BIT LONGER; IS THAT RIGHT?
LYNETTE SAWYER: YES.
LYNETTE SAWYER: I DO.
MR. WADE: AND DO YOU RECOGNIZE THIS TO BE AN EMAIL CHAIN WITH YOU, MR. HURST, AND MR. BALWANI IN CONNECTION WITH THE EXPIRATION OF YOUR CONTRACT?
LYNETTE SAWYER: I DO. BUT I DON'T KNOW THAT I'M ACTUALLY A RECIPIENT ON THIS EMAIL CHAIN.
LYNETTE SAWYER: YES, THERE I AM. OKAY.
LYNETTE SAWYER: GOT IT.
MR. LEACH: NO OBJECTION, YOUR HONOR.
JUDGE DAVILA: IT'S ADMITTED. IT MAY BE PUBLISHED.
(DEFENDANT'S EXHIBIT 13047 WAS RECEIVED IN EVIDENCE.)
BY MR. WADE:
MR. WADE: LET'S START BRIEFLY ON THE BOTTOM. I'M GOING TO GO THROUGH AND ASK YOU A COUPLE OF QUESTIONS ABOUT THAT. OKAY? LET'S START ON THE BOTTOM. DO YOU SEE THIS IS AN EMAIL FROM MR. HURST TO MR. BALWANI ON APRIL 5TH, 2015, AND THE SUBJECT IS LYNETTE'S DIRECTOR CONTRACT. DO YOU SEE THAT?
LYNETTE SAWYER: UH-HUH.
MR. WADE: AND IT SAYS "HI SUNNY." AND THEN WE HAVE TO GO TO THE NEXT PAGE TO LOOK AT THE REST OF THE EMAIL. AND DO YOU SEE IT NOTES, "I RECENTLY TALKED WITH LYNETTE ABOUT HER CO-DIRECTOR POSITION AND SHE WOULD LIKE TO TERMINATE HER POSITION. HER CURRENT CONTRACT ENDS ON MAY 19TH, 2015, BUT SHE IS HAPPY TO EXTEND HER RESPONSIBILITIES THROUGH THE END OF MAY IF THAT IS BETTER FOR YOU." DO YOU SEE THAT?
LYNETTE SAWYER: YES.
MR. WADE: OKAY. AND THAT WAS MR. HURST GIVING MR. BALWANI NOTICE THAT AT THE END OF THAT SIX MONTH CONTRACT YOU WERE GOING TO, YOU WERE GOING TO STOP WORKING WITH THERANOS; RIGHT?
LYNETTE SAWYER: YEAH, I WAS NOT GOING TO RENEW THE CONTRACT.
MR. WADE: RIGHT. AND THE CONTRACT ACTUALLY SPECIFICALLY CONTEMPLATED THAT. IT SAYS LET'S LOOK AFTER SIX MONTHS AND SEE WHAT HAPPENS; RIGHT?
LYNETTE SAWYER: UH-HUH.
LYNETTE SAWYER: YES, IT DID.
MR. WADE: OKAY. BUT YOU KINDLY AGREED TO STAY UNTIL THE END OF MAY IF THAT WOULD HELP FACILITATE THE TRANSITION; RIGHT?
LYNETTE SAWYER: YES, BECAUSE THE MIDDLE OF THE MONTH IS KIND OF AN ODD TIME IN GENERAL TO HIRE PEOPLE LIKE DIRECTORS.
MR. WADE: UNDERSTOOD. LET'S WORK OUR WAY UP THE CHAIN AND GO TO MR. BALWANI'S RESPONSE. DO YOU SEE HE RESPONDS TO YOU BOTH AND NOTES THAT THE "END OF JUNE WOULD BE IDEAL FOR US BUT IF THIS IS NOT A POSSIBILITY THEN WE WILL WORK WITH END OF MAY TIMELINE." DO YOU SEE THAT?
LYNETTE SAWYER: YES.
LYNETTE SAWYER: YES.
LYNETTE SAWYER: YES.
LYNETTE SAWYER: I DID.
MR. WADE: OKAY. LET'S FOCUS ON SOME OF THE WORK THAT YOU DID WHILE YOU WERE THERE, OKAY? I WANT TO ASK YOU SOME QUESTIONS ABOUT THAT.
LYNETTE SAWYER: OKAY.
LYNETTE SAWYER: YES.
MR. WADE: AND DO YOU RECALL ABOUT A YEAR AGO THE GOVERNMENT CALLED AND ASKED YOU, ASKED YOU SOME QUESTIONS, SOME GOVERNMENT AGENTS WHO WORK WITH THIS TEAM?
LYNETTE SAWYER: YES.
MR. WADE: OKAY. AND DO YOU RECALL WHAT THEY ASKED YOU FOR -- AND THEY TALKED TO YOU ABOUT THE FACT THAT YOU WERE THE CO-LABORATORY DIRECTOR; RIGHT?
LYNETTE SAWYER: YES.
LYNETTE SAWYER: YES.
MR. WADE: AND THEY ASKED YOU IF YOU COULD PROVIDE ANY DOCUMENTS THAT YOU HAVE RELATING TO YOUR WORK. DO YOU RECALL THAT?
LYNETTE SAWYER: UM, I DON'T RECALL THEM ASKING SPECIFICALLY IN THAT WAY, BUT I DID PROVIDE THEM WITH DOCUMENTS.
LYNETTE SAWYER: YEAH.
MR. WADE: -- THERE WAS AN AGREEMENT THAT YOU WOULD FIND WHATEVER DOCUMENTS YOU COULD LOCATE AND YOU WOULD GIVE THEM TO THE GOVERNMENT. DO YOU RECALL THAT?
LYNETTE SAWYER: YES.
MR. WADE: AND I THINK AT THE TIME YOU INFORMED THEM THAT YOU HAD SWITCHED COMPUTERS OR SOMETHING AND SO YOU PROBABLY DIDN'T HAVE ALL OF THE DOCUMENTS THAT YOU HAD WORKED WITH. DO YOU RECALL THAT?
LYNETTE SAWYER: I DON'T KNOW THAT I TOLD THEM THAT AT THE TIME. I HAVE TOLD THEM THAT SINCE.
LYNETTE SAWYER: YEAH.
MR. WADE: -- YOU RECOGNIZE THAT BECAUSE OF COMPUTER CHANGES AND THE LIKE, YOU MAY NOT HAVE EVERYTHING THAT YOU LOOKED AT?
LYNETTE SAWYER: CORRECT.
MR. WADE: OKAY. AND THE WAY THAT YOU WERE ABLE TO IDENTIFY PARTICULAR DOCUMENTS THAT YOU COULD PROVIDE TO THEM WAS, WAS IT DOCUMENTS THAT WERE BASED IN THE CLOUD THAT YOU HAD SIGNED ELECTRONICALLY --
LYNETTE SAWYER: YES.
LYNETTE SAWYER: YES.
MR. WADE: OKAY. AND SO IF YOU HAD -- WHATEVER YOU STILL HAD ACCESS TO FOR THOSE PURPOSES, YOU WERE ABLE TO GIVE THEM, BUT I THINK YOU SAID YOU COULDN'T GUARANTEE THAT THERE WAS -- THIS WAS EVERYTHING BECAUSE YOU HAD CHANGED COMPUTERS A COUPLE OF TIMES?
LYNETTE SAWYER: YES.
MR. WADE: OKAY. BUT IN ANY EVENT, YOU WERE, YOU WERE ABLE TO FIND SOME OF THE SOP'S THAT YOU LOOKED AT; RIGHT?
LYNETTE SAWYER: CORRECT.
MR. WADE: OKAY. LET'S -- AND DO YOU RECALL THAT YOU KIND OF PROVIDED THEM IN GROUPS TO THE GOVERNMENT?
LYNETTE SAWYER: YES.
MR. WADE: OKAY. LET'S TAKE A LOOK AT ONE OF THOSE GROUPS. TAKE A LOOK AT EXHIBIT 1366 -- I'M SORRY, 13655. AND DO YOU HAVE THAT IN FRONT OF YOU --
LYNETTE SAWYER: UH-HUH, YES, I DO.
LYNETTE SAWYER: YES, I DO.
MR. WADE: AND DO YOU RECOGNIZE THIS TO BE ONE OF THOSE GROUPS OF SOP'S THAT YOU REVIEWED AT THE TIME?
LYNETTE SAWYER: NOT SPECIFICALLY, BUT IT PROBABLY -- IT LOOKS LIKE IT COULD BE, YES.
LYNETTE SAWYER: YES.
LYNETTE SAWYER: YES.
MR. LEACH: NO OBJECTION.
JUDGE DAVILA: IT'S ADMITTED. IT MAY BE PUBLISHED.
(DEFENDANT'S EXHIBIT 13655 WAS RECEIVED IN EVIDENCE.)
BY MR. WADE:
MR. WADE: AND THIS PARTICULAR DOCUMENT, THIS HAPPENS TO BE THE FIRST PAGE IN EXHIBIT 13655, BUT THIS IS SORT OF A STANDARD TEMPLATE OF A POLICY OR PROCEDURE THAT YOU WERE ASKED TO REVIEW; IS THAT RIGHT?
LYNETTE SAWYER: YES.
MR. WADE: OKAY. I WANT TO ASK YOU JUST A COUPLE OF QUESTIONS ABOUT THIS. IF I COULD BRING YOU TO THE PAGE BATES LABEL ENDING 558 IN THE BOTTOM RIGHT-HAND CORNER.
LYNETTE SAWYER: YES.
LYNETTE SAWYER: YES.
LYNETTE SAWYER: I'M SORRY, WHAT BATES LABEL IS THIS?
LYNETTE SAWYER: I'M SORRY. HOLD ON. WRONG PAGE. YES.
LYNETTE SAWYER: YES.
LYNETTE SAWYER: YEP.
LYNETTE SAWYER: YES.
LYNETTE SAWYER: YES.
MR. WADE: OKAY. AND AM I -- IS IT CORRECT THAT THE LABORATORY INFORMATION SYSTEM IS THE DATABASE THAT STORES ALL OF THE LABORATORY TESTING INFORMATION AND PATIENT INFORMATION?
LYNETTE SAWYER: YES.
LYNETTE SAWYER: YEAH. IT SHOULD, YES.
LYNETTE SAWYER: YES.
MR. WADE: OKAY. LET'S -- AND LET'S JUST GO TO PAGE 560 IN THE BOTTOM RIGHT-HAND CORNER. AND THE DEFINITIONS AND ABBREVIATIONS SECTION THERE, SECTION 3, DO YOU SEE THAT?
LYNETTE SAWYER: YES.
MR. WADE: AND THIS SETS FORTH DIFFERENT SPECIFICATIONS FOR SOME OF THE TERMS THAT ARE GOING TO BE USED IN THE POLICY AND THE INFORMATION THAT IS CONTAINED WITHIN THE LIS; CORRECT?
LYNETTE SAWYER: IT -- YEAH, IT SETS FORTH DEFINITIONS. IT DEFINES TERMS THAT ARE USED IN THE SOP.
MR. WADE: OKAY. AND WITHIN THIS APPLICATION USER GUIDE, IT ALSO TALKS ABOUT, NOT NECESSARILY THE DEFINITION SPECIFICALLY, BUT THE, THE USER GUIDE TALKS ABOUT HOW ONE CAN GO ABOUT USING THE LIS AND OBTAIN INFORMATION FROM THE LIS; CORRECT?
LYNETTE SAWYER: YES.
MR. WADE: LET'S GO TO PAGE 652 AND LOOK AT 3.19. FOR EXAMPLE, CRITICAL VALUES ARE SOMETHING THAT WAS TRACKED WITHIN THE LIS; RIGHT?
LYNETTE SAWYER: IT WOULD APPEAR SO, YES.
LYNETTE SAWYER: I DON'T KNOW. I HAVE NO EXPERIENCE WITH THEIR LIS.
LYNETTE SAWYER: YEAH.
LYNETTE SAWYER: YES.
MR. WADE: AND YOU UNDERSTOOD THAT TESTS AND LISTS OF PANELS WERE SOMETHING THAT WAS ORDINARILY TRACKED WITHIN AN LIS?
LYNETTE SAWYER: IT WAS APPARENTLY TRACKED WITHIN THE THERANOS LIS.
MR. WADE: OKAY. AND IF WE GO TO 565, AND WE BLOW UP THE MIDDLE OF THE PAGE. THIS SHOWS HOW YOU CAN SEARCH FOR RECORDS WITHIN THE LIS; RIGHT?
LYNETTE SAWYER: IT WOULD APPEAR SO, YES.
LYNETTE SAWYER: YES.
MR. WADE: IF WE CAN FOCUS ON THE BOTTOM. DO YOU SEE WHERE IT SAYS REVIEW IMAGE? IF WE CAN -- ABOUT THREE-QUARTERS OF THE WAY DOWN.
LYNETTE SAWYER: OH, OKAY.
LYNETTE SAWYER: AH. OKAY.
MR. WADE: AND IT SAYS THAT THERE WAS A WAY WITHIN THE LIS THAT YOU COULD VIEW THE NANOTAINER IMAGE?
LYNETTE SAWYER: I WOULD NOT NECESSARILY INTERPRET THAT THAT'S WHAT THAT SAYS. IT IS TELLING YOU THAT THE NANOTAINER IMAGE NEEDS TO BE VIEWED. IT DOESN'T TELL ME THAT YOU CAN DO THAT WITHIN THE LIS.
LYNETTE SAWYER: I DON'T KNOW.
MR. WADE: OKAY. IF WE GO TO 583 AND BLOW UP THE TOP. DO YOU SEE THAT THIS PAGE AND THE PAGE THAT FOLLOWS TALKS ABOUT HOW YOU CAN PULL UP ALL OF THE RESULTS FOR PARTICULAR PATIENTS OR PHYSICIANS OR PROVIDERS?
LYNETTE SAWYER: YES, IT APPEARS THAT WAY.
MR. WADE: OKAY. IF WE CAN GO TO 585. IF WE CAN PULL UP THE THIRD BULLET. AND DO YOU SEE THERE THAT THERE WAS AN OPTION WITHIN THE LIS TO INDICATE THAT VENOUS DRAWS ONLY COULD BE IDENTIFIED AS A PREFERENCE?
LYNETTE SAWYER: I SEE THAT, YES.
MR. WADE: AND SO DID YOU UNDERSTAND THAT IF DOCTORS DIDN'T WANT THE MICRO-SAMPLE TAKEN, THAT THEY COULD, THEY COULD LET THE COMPANY KNOW THAT VENOUS DRAWS COULD BE USED AS A DEFAULT?
LYNETTE SAWYER: I WAS NOT AWARE OF POLICY AROUND DRAWING -- THE DECISIONS FOR DRAWING VENOUS OR CAPILLARY BLOOD.
MR. WADE: OKAY. AND IN ADDITION TO THIS LIS POLICY, THERE WERE HUNDREDS OF POLICIES THAT YOU REVIEWED IN CONNECTION WITH YOUR WORK AT THE COMPANY. IS THAT FAIR?
LYNETTE SAWYER: YEAH, PROBABLY A COUPLE HUNDRED.
MR. WADE: AND I THINK SOMETIMES THAT WOULD INCLUDE, SOMETIMES THAT WOULD INCLUDE ASSAY VERIFICATION INFORMATION?
LYNETTE SAWYER: YES.
LYNETTE SAWYER: YES, YES.
MR. WADE: AND DO YOU RECALL THERE WERE A COUPLE INSTANCES WHERE THERE WERE LAB DEVELOPED TESTS THAT YOU LOOKED AT AS WELL?
LYNETTE SAWYER: YES.
LYNETTE SAWYER: YES.
MR. WADE: THE -- AND IF WE CAN LOOK AT EXHIBIT 4533, WHICH IS IN EVIDENCE. MAY I PUBLISH, YOUR HONOR?
JUDGE DAVILA: YES.
BY MR. WADE:
LYNETTE SAWYER: IS THIS 4533?
LYNETTE SAWYER: I CAN'T REALLY SEE IT, AND I AM NOT SEEING 4533 ON HERE -- IN HERE.
MR. WADE: IT'S IN EVIDENCE. I THINK THE GOVERNMENT DIDN'T -- JUST CALLED IT UP BECAUSE IT WAS IN EVIDENCE. MAYBE I'LL PUT IT ON YOUR SCREEN, AND IF NEED BE, I CAN TRY TO GET YOU A HARD COPY. OKAY? I JUST HAVE A COUPLE OF QUESTIONS.
LYNETTE SAWYER: OKAY. THANK YOU.
MR. WADE: AND DO YOU RECALL THIS DOCUMENT -- IF WE LOOK AT THE CHART ON THE BOTTOM, THIS RELATED TO TESTS THAT WERE DONE ON THERANOS'S DEVICE?
LYNETTE SAWYER: OH, RIGHT.
LYNETTE SAWYER: YES.
MR. WADE: AND I JUST WANT TO FOCUS ON, IF WE CAN HIGHLIGHT THE INITIAL COLUMN GOING DOWN. DO YOU SEE THAT?
LYNETTE SAWYER: YES.
MR. WADE: OKAY. AND JUST SO WE'RE CLEAR, NONE OF THOSE TESTS CAME INTO THE LAB WHEN YOU WERE SERVING AS THE LABORATORY DIRECTOR; CORRECT?
LYNETTE SAWYER: CORRECT.
MR. WADE: OKAY. AND SO ORDINARILY BEFORE A TEST COMES INTO THE LAB, THERE'S A VALIDATION REPORT THAT NEEDS TO BE PREPARED IF IT'S AN LDT; CORRECT?
LYNETTE SAWYER: CORRECT.
LYNETTE SAWYER: CORRECT.
MR. WADE: AND NONE OF THESE PARTICULAR LDT'S CAME ON BOARD WHEN YOU WERE SERVING AS CO-LABORATORY DIRECTOR; CORRECT?
LYNETTE SAWYER: CORRECT.
MR. WADE: AND IF THE COMPANY STOPPED DOING CERTAIN LDT'S FOR BUSINESS REASONS OF SOME KIND, THAT WOULDN'T NECESSARILY BE SOMETHING THAT YOU WOULD NEED TO OPINE ON, WOULD IT?
LYNETTE SAWYER: I DO.
MR. WADE: AND I BELIEVE YOU SAID THERE WAS A DELEGATION MADE, I THINK YOU RECALLED ONE DELEGATION TO A TECHNICAL SUPERVISOR?
LYNETTE SAWYER: I LOOKED AT MY NOTES AND MY INFORMATION OVER THE WEEKEND. THERE WAS, YES, ONE DELEGATION, BUT IT WAS NOT THE TECHNICAL SUPERVISOR. IT WAS THE QA/QC MANAGER.
LYNETTE SAWYER: I LOOKED AT MY NOTES, YEAH.
MR. WADE: OKAY. DID THE GOVERNMENT ASK YOU FOR A COPY OF YOUR NOTES, BY ANY CHANCE, WHEN THEY TALKED TO YOU?
LYNETTE SAWYER: I THINK SO, YEAH. IT WAS ACTUALLY A MANAGER, NOT A SUPERVISOR.
LYNETTE SAWYER: YES.
MR. WADE: OKAY. AND THE QA/QC SUPERVISOR IS THE PERSON WHO IS RESPONSIBLE FOR DOING ALL OF THE QUALITY CONTROL WORK WITHIN THE LAB; RIGHT?
LYNETTE SAWYER: OR REVIEWING IT. NOT NECESSARILY DOING IT, BUT REVIEWING IT AND ANALYZING IT.
MR. WADE: AND YOU RECALL THAT YOU REVIEWED A FORMAL WRITTEN DELEGATION FOR HIM THAT WAS SENT TO YOU AT SOME POINT?
LYNETTE SAWYER: YES.
MR. WADE: OKAY. AND THAT WASN'T NECESSARILY ONE OF THE MATERIALS THAT EXISTED WITHIN YOUR COMPUTER GIVEN --
LYNETTE SAWYER: YES, IT WAS.
LYNETTE SAWYER: YES.
LYNETTE SAWYER: YES.
LYNETTE SAWYER: I DO NOT BELIEVE THAT I DID.
MR. WADE: OKAY. AND DO YOU RECALL WHETHER THERE WERE ANY DELEGATIONS THAT WERE IN PLACE AT THE TIME THAT YOU CAME IN?
LYNETTE SAWYER: I DID NOT SEE ANY.
LYNETTE SAWYER: CORRECT.
LYNETTE SAWYER: OKAY.
JUDGE DAVILA: YES.
BY MR. WADE:
LYNETTE SAWYER: THANK YOU.
MR. WADE: I'M HANDING YOU WHAT IS MARKED AS EXHIBIT 5400. AND YOU RECOGNIZE -- THIS IS A POLICY RELATING TO FINGERSTICK COLLECTION DATED 11-17-2015. DO YOU SEE THAT?
LYNETTE SAWYER: YES.
LYNETTE SAWYER: OKAY.
MR. WADE: -- DO YOU SEE THAT OTHER VERSIONS OF THIS WERE APPROVED DURING YOUR TENURE AS CO-LABORATORY DIRECTOR?
LYNETTE SAWYER: YES.
MR. LEACH: FOUNDATION.
JUDGE DAVILA: CAN YOU ASK A FEW MORE QUESTIONS REGARDING FOUNDATION?
LYNETTE SAWYER: ONCE.
MR. WADE: OKAY. AND YOU UNDERSTAND THAT WITHIN THE LAB SOME VERSIONS -- SOMETIMES VERSIONS ARE UPDATED AND THEY CHANGE OVER TIME?
LYNETTE SAWYER: YES.
LYNETTE SAWYER: CORRECT.
MR. WADE: OKAY. I'D LIKE TO ASK SOME QUESTIONS ABOUT HOW THIS MAY HAVE DIFFERED FROM YOUR VERSION IF YOU RECALL. AND I WOULD OFFER 5400.
MR. LEACH: SAME OBJECTION, YOUR HONOR.
JUDGE DAVILA: ARE YOU GOING TO CONTINUE A LITTLE BIT MORE FOUNDATION ABOUT HOW SHE KNOWS THIS?
MR. WADE: AS PART OF THE REVIEW OF POLICIES, YOU WERE -- YOU WOULD BE SENT DIFFERENT PAPERS THROUGH DOCUSIGN? DO YOU RECALL THAT?
LYNETTE SAWYER: YES.
MR. WADE: AND I THINK YOU JUST TESTIFIED A FEW MINUTES AGO THAT BECAUSE OF THE COMPUTER CHANGE, YOU DIDN'T NECESSARILY HAVE ALL OF THE POLICIES IN YOUR POSSESSION.
LYNETTE SAWYER: YES, THAT'S TRUE.
MR. WADE: AND DO YOU RECALL THAT WHEN YOU MET WITH THE GOVERNMENT, YOU MENTIONED TO THEM HOW YOU HAD LOOKED AT SOME OF -- A FINGERSTICK SOP?
LYNETTE SAWYER: YES.
MR. WADE: AND, AND DO YOU RECALL THAT THAT FINGERSTICK SOP SET FORTH THE SPECIFIC METHODS BY WHICH THERANOS WOULD GO ABOUT COLLECTING FINGERSTICK SAMPLES?
LYNETTE SAWYER: YES.
LYNETTE SAWYER: YES.
LYNETTE SAWYER: NO. I SIGNED ONE.
LYNETTE SAWYER: YES.
LYNETTE SAWYER: I BELIEVE SO.
MR. WADE: OKAY. AND HAD YOU AT THE TIME EVER SEEN SUCH AN ELABORATE AND SPECIFIC PROCEDURE FOR FINGERSTICK?
LYNETTE SAWYER: FOR FINGERSTICKS?
LYNETTE SAWYER: UM, NO, NOT PARTICULARLY. IT STANDS OUT IN MY MIND BECAUSE I KNEW THAT THEY WERE WORKING ON SOME FINGERSTICK TECHNOLOGY, AND I WAS INTERESTED IN THAT, AND SO I RECALLED SEEING SOMETHING -- I WAS INTERESTED IN SOMETHING THAT MIGHT RELATE TO IT, AND THAT'S WHY I RECALL SEEING IT.
MR. WADE: OKAY. AND DO YOU RECALL SEEING SOME SPECIFIC PICTURES ABOUT EXACTLY HOW BLOOD WOULD BE DRAWN AND THE LIKE?
LYNETTE SAWYER: YOU KNOW, I DON'T. I CAN'T SAY THAT THEY WEREN'T THERE, BUT I DO NOT RECALL PICTURES IN THE VERSION THAT I SIGNED.
MR. WADE: OKAY. AND DO YOU RECALL THAT THERE WERE SOME PICTURES ABOUT -- WITH THE CTN DEVICE THAT THERANOS USED?
LYNETTE SAWYER: I DON'T.
MR. WADE: OKAY. DO YOU RECALL THAT THERE WAS A PRETTY ELABORATE PROCESS WHERE THEY WOULD WARM THE FINGER AND NOTE SPECIFIC PLACES ON THE FINGER WHERE THEY WOULD DRAW THE SAMPLE FROM?
LYNETTE SAWYER: THAT'S PRETTY STANDARD FOR FINGERSTICKS.
LYNETTE SAWYER: ACTUALLY, I DON'T RECALL THAT. AND I ACTUALLY DO NOT BELIEVE THAT THERE WERE ANY PICTURES OF THE COLLECTION DEVICE BECAUSE LOOKING -- I JUST FOUND ONE IN THIS, AND THAT IS NOT SOMETHING THAT I HAVE EVER SEEN BEFORE.
LYNETTE SAWYER: POSSIBLY. I DON'T SPECIFICALLY RECALL.
MR. LEACH: SAME OBJECTION, YOUR HONOR.
JUDGE DAVILA: I DON'T THINK THERE'S ENOUGH FOUNDATION AS TO THIS DOCUMENT. SHE HAS KNOWLEDGE ABOUT THIS AREA, BUT NOT THIS DOCUMENT, SO I'LL SUSTAIN THE OBJECTION.
MR. WADE: YOUR RECOLLECTION AS YOU SIT HERE TODAY IS THAT THE FINGERSTICK COLLECTION WOULD HAVE BEEN AN EARLIER VERSION OF THE DOCUMENT I'VE HANDED YOU; IS THAT RIGHT?
LYNETTE SAWYER: YES.
MR. WADE: OKAY. FAIR ENOUGH. THE -- LET ME GO TO -- THE -- AT THE TIME THAT YOU TRANSITIONED OUT OF SERVING AS THE CO-LABORATORY DIRECTOR, DO YOU RECALL THAT THAT WAS COMMUNICATED TO THE COMPANY, THAT YOU WERE GOING TO BE MAKING THE TRANSITION AND FILING SOME PAPERWORK?
LYNETTE SAWYER: YES.
LYNETTE SAWYER: YES.
MR. WADE: AND IS THIS A DOCUMENT THAT RELATES TO YOUR TRANSITION -- YOUR FORMAL TRANSITION FROM A PAPERWORK STANDPOINT OUT OF THERANOS?
LYNETTE SAWYER: YES.
MR. LEACH: NO OBJECTION.
JUDGE DAVILA: IT'S ADMITTED, AND IT MAY BE PUBLISHED.
(DEFENDANT'S EXHIBIT 10584 WAS RECEIVED IN EVIDENCE.)
MR. WADE: AND THIS IS AN EMAIL FROM MR. HURST WHERE HE JUST PROVIDES MR. BALWANI WITH THAT REMINDER THAT YOU'RE GOING TO BE ENDING YOUR SERVICES AS CO-DIRECTOR JUNE 30TH. DO YOU SEE THAT?
LYNETTE SAWYER: YES.
MR. WADE: AND THIS WAS WHERE YOU AGREED TO STAY ABOUT -- WAS IT ABOUT A MONTH AND A HALF PAST YOUR INITIAL CONTRACT?
LYNETTE SAWYER: YES.
MR. WADE: AND IT NOTES THAT YOU'LL FILE THAT NOTIFICATION WITH LFS, OR MR. HURST WILL. DO YOU SEE THAT?
LYNETTE SAWYER: I WILL, YEAH.
LYNETTE SAWYER: LABORATORY FIELD SERVICES.
LYNETTE SAWYER: YES.
MR. WADE: OKAY. AND HE BASICALLY SAYS, IF YOU HAVE ANY QUESTIONS, MR. BALWANI IS INVITED TO ASK THEM; CORRECT?
LYNETTE SAWYER: YES.
MR. WADE: AND THERE'S NO INDICATION -- THIS WAS JUST TO END THE PORTION OF THE SERVICES RELATING TO YOUR CO-DIRECTORSHIP; RIGHT?
LYNETTE SAWYER: CORRECT.
MR. WADE: ALL RIGHT. AND IF WE JUST GO UP THE CHAIN. MR. BALWANI THANKS YOU AND SAYS, "PLEASE LET US KNOW IF ANYTHING HAS CHANGED OR CHANGES AND LYNETTE WANTS TO CONTINUE WORKING;" RIGHT?
LYNETTE SAWYER: CORRECT.
LYNETTE SAWYER: YES.
MR. WADE: OKAY. AND LET'S GO UP. YOU NOTE THAT, FOR THE RECORDS, ATTACHED IS THE FORM 193 THAT IS GOING TO BE SENT TO LABORATORY FIELD SERVICES? DO YOU SEE THAT?
LYNETTE SAWYER: YES.
MR. WADE: OKAY. AND IT'S GOING TO BE -- EVEN THOUGH YOU'RE SENDING THIS ON JUNE 23RD, IT'S GOING TO BE EFFECTIVE -- IT'S GOING TO BE EFFECTIVE JUNE 30TH. DO YOU SEE THAT?
LYNETTE SAWYER: YES.
LYNETTE SAWYER: YES.
LYNETTE SAWYER: YES.
MR. WADE: OKAY. AND IF WE GO TO THE ATTACHMENT, THIS IS A LETTER THAT NOTIFIES THERANOS THAT YOU'RE GOING TO BE STEPPING DOWN AS CO-DIRECTOR; CORRECT?
LYNETTE SAWYER: NO. THAT'S ACTUALLY A LETTER SENT TO THE LABORATORY FIELD SERVICES REGARDING THERANOS.
LYNETTE SAWYER: YEAH -- NO.
LYNETTE SAWYER: YES.
LYNETTE SAWYER: YES.
LYNETTE SAWYER: THE OVERALL MAILING WAS ADDRESSED TO LABORATORY FIELD SERVICES.
LYNETTE SAWYER: THAT'S THE FORM THAT THE LETTER WENT WITH.
LYNETTE SAWYER: RIGHT.
MR. WADE: OKAY. AND DO YOU RECALL THAT A LITTLE BIT LATER THERE WAS SOME CONFUSION AS TO WHETHER THE PAPERWORK HAD BEEN PROCESSED CORRECTLY?
LYNETTE SAWYER: I DO.
MR. WADE: AND DO YOU RECALL THAT IN CONNECTION WITH SOME MOCK AUDIT WORK THAT MR. HURST WAS DOING, THAT THEY REALIZED THAT YOU WERE STILL ON THE PAPERWORK?
LYNETTE SAWYER: I DID NOT KNOW THAT.
MR. LEACH: OBJECTION. VAGUE, FOUNDATION.
JUDGE DAVILA: WELL, I'LL ALLOW THAT LAST ANSWER TO REMAIN. THE LAST ANSWER WAS THAT SHE WAS NOT AWARE OF THAT.
BY MR. WADE:
MR. WADE: YOU WERE NOT AWARE OF THAT. OKAY. DO YOU RECALL BEING CONTACTED BY SOMEONE AT THE COMPANY IN AUGUST OF 2015 TO RAISE THIS ISSUE WITH YOU?
LYNETTE SAWYER: YES.
LYNETTE SAWYER: I BELIEVE IT WAS MR. YOUNG.
LYNETTE SAWYER: YEAH.
MR. WADE: AND WERE YOU AWARE AT THE TIME THAT, AS MR. HURST'S SERVICES CONTINUED, HE WAS DOING MOCK AUDITS TO HELP THE COMPANY PREPARE FOR A CLIA INSPECTION?
MR. LEACH: OBJECTION. ASSUMES FACTS.
JUDGE DAVILA: WELL, OVERRULED AS TO THE FORM OF THE QUESTION, IT WAS WHETHER SHE WAS AWARE.
LYNETTE SAWYER: NO, I WAS NOT AWARE.
BY MR. WADE:
LYNETTE SAWYER: UH-HUH.
MR. WADE: DO YOU ALSO RECALL THAT THERE WAS A NEED THAT AROSE TO GET A COPY OF YOUR CLINICAL LABORATORY BIOANALYST CERTIFICATE?
LYNETTE SAWYER: YES.
MR. WADE: SO THAT THE COMPANY WOULD HAVE IT FOR ITS PAPERWORK IN ADVANCE OF AN INSPECTION THAT THEY WERE ANTICIPATING?
LYNETTE SAWYER: I DIDN'T KNOW WHETHER IT WAS IN ADVANCE OF THE INSPECTION OR AS A RESULT OF THE INSPECTION, BUT YES.
MR. WADE: OKAY. FAIR ENOUGH. AND IS EMAIL 13158 AN EMAIL THAT YOU SENT TO DANIEL YOUNG RELATING TO THAT LICENSE?
LYNETTE SAWYER: YES.
MR. LEACH: NO OBJECTION, YOUR HONOR.
JUDGE DAVILA: IT'S ADMITTED. IT MAY BE PUBLISHED.
(DEFENDANT'S EXHIBIT 13158 WAS RECEIVED IN EVIDENCE.)
BY MR. WADE:
MR. WADE: AND THIS IS AN EMAIL WHERE YOU SAY, "HI DANIEL, "ATTACHED IS A SCANNED IMAGE OF MY CURRENT BIOANALYST LICENSE." DO YOU SEE THAT?
LYNETTE SAWYER: YES.
MR. WADE: AND I THINK YOU SAID THIS ON DIRECT TESTIMONY, BUT IS THE REASON THAT THEY NEED THAT IS BECAUSE THAT BIOANALYST LICENSE IS WHAT GAVE YOU THE ABILITY TO SERVE AS A LABORATORY DIRECTOR?
LYNETTE SAWYER: YES.
MR. WADE: AND SO AS PART OF THE DOCUMENTATION THAT THE COMPANY WAS MAINTAINING, THEY WANTED TO MAKE SURE THAT THEY HAD A COPY OF THAT IN THEIR FILES; IS THAT RIGHT?
LYNETTE SAWYER: YES.
LYNETTE SAWYER: I DON'T RECALL WHETHER IT WAS -- I DON'T BELIEVE IT WAS A CALL, NO.
LYNETTE SAWYER: YES.
LYNETTE SAWYER: I DON'T RECALL.
MR. WADE: YOU DON'T RECALL. BUT YOU KNEW SOMEONE IN THIS TIME PERIOD WAS ASKING FOR A COPY OF THAT PAPERWORK?
LYNETTE SAWYER: UH-HUH.
LYNETTE SAWYER: NO, I DIDN'T KNOW WHETHER IT WAS IN CONNECTION WITH PREPARATION OR WHETHER IT WAS THE RESULT OF AN AUDIT FINDING.
MR. WADE: FAIR ENOUGH. THERE WAS ALSO -- IN AND AROUND THE SAME TIME PERIOD, THERE WAS A NEED TO TRY TO CLEAR UP THAT MISCOMMUNICATION TO MAKE SURE THAT YOU WERE REMOVED FROM THE PAPERWORK?
LYNETTE SAWYER: YES.
MR. WADE: DO YOU RECALL THAT? AND YOU WORKED COOPERATIVELY WITH THE COMPANY TO MAKE SURE THAT THAT WAS ADDRESSED; RIGHT?
LYNETTE SAWYER: OH, YES.
LYNETTE SAWYER: YES.
JUDGE DAVILA: YES.
(DISCUSSION AMONGST DEFENSE COUNSEL OFF THE RECORD.)
JUDGE DAVILA: MR. LEACH.
MR. LEACH: VERY BRIEFLY, YOUR HONOR. MAY I INQUIRE, YOUR HONOR?
JUDGE DAVILA: YES.
REDIRECT EXAMINATION BY MR. LEACH:
MR. LEACH: GOOD AFTERNOON, DR. SAWYER. I JUST HAVE A FEW QUESTIONS. COUNSEL DREW YOUR ATTENTION TO EXHIBIT 2553. DO YOU HAVE THAT IN THE BINDER IN FRONT OF YOU?
LYNETTE SAWYER: YES, GOT IT.
MR. LEACH: AND THIS APPEARS TO BE A LETTER DATED JUNE 12TH, 2015 ATTACHING SOME PAPERWORK?
LYNETTE SAWYER: YES.
MR. LEACH: AND THE PAPERWORK INCLUDES A LIST OF LABORATORY PERSONNEL?
LYNETTE SAWYER: IT DOES.
MR. LEACH: OKAY. THIS IS WHAT YOU HAD BEEN LOOKING FOR, FOR THE PAST FEW MONTHS IN YOUR WORK AS CO-LAB DIRECTOR?
LYNETTE SAWYER: YES.
MR. LEACH: AND I JUST WANT TO BE CLEAR, YOU DON'T SIGN ANY OF THESE LETTERS OR REPORTS IN HERE, DO YOU?
LYNETTE SAWYER: I -- A LAB DIRECTOR NEEDS TO SIGN THEM.
MR. LEACH: BUT YOUR SIGNATURE IS NOT ON THESE; IS THAT CORRECT?
LYNETTE SAWYER: NO. IF THERE'S MORE THAN ONE LAB DIRECTOR, THERE DOESN'T NEED TO BE BOTH OF US. AND, YES, MY SIGNATURE IS NOT ON IT.
MR. LEACH: BUT THERE'S NOTHING ON THE FACE OF THESE DOCUMENTS THAT THESE EVER WENT TO YOU?
LYNETTE SAWYER: CORRECT.
MR. LEACH: OKAY. YOU WERE ALSO ASKED SOME QUESTIONS ABOUT 13047. DO YOU HAVE THAT IN FRONT OF YOU?
LYNETTE SAWYER: I WILL IN A SECOND.
MR. LEACH: AND I'M NOT GOING TO DISPLAY THIS BECAUSE I ONLY HAVE ONE QUESTION ABOUT THIS. IS THIS THE EMAIL WHERE MR. HURST INDICATED THAT YOU WANTED TO TERMINATE YOUR SERVICES AS THE CO-LAB DIRECTOR?
LYNETTE SAWYER: YES.
MR. LEACH: AND YOU WANTED TO TERMINATE BECAUSE YOU WEREN'T SATISFIED WITH THE LEVEL OF INFORMATION THAT YOU WERE GETTING?
LYNETTE SAWYER: YES.
MR. LEACH: AND THE DATE OF THE EMAIL IS APRIL 5TH, 2015; IS THAT CORRECT?
LYNETTE SAWYER: YES.
MR. LEACH: SO YOU COME ON AT SOME POINT IN LATE 2014, AND BY APRIL OF 2015 YOU WANT OUT?
LYNETTE SAWYER: YES.
MR. LEACH: YOU WERE ASKED A NUMBER OF QUESTIONS ABOUT THE DOCUMENTS THAT YOU OBTAINED FROM YOUR WORK AS THE CO-LAB DIRECTOR. DO YOU RECALL THAT QUESTIONING?
LYNETTE SAWYER: YES.
MR. LEACH: AND IF YOU SIGNED AN SOP OR A VERIFICATION DOCUMENT, IS THAT SOMETHING THAT YOU ALWAYS SENT BACK TO THERANOS?
LYNETTE SAWYER: YES. WELL, I WAS SIGNING THEM VIA DOCUSIGN, SO THEN DOCUSIGN GAVE COPIES TO -- WENT TO THERANOS, AND USUALLY I GOT A COPY ALSO.
MR. LEACH: OKAY. AND WAS IT YOUR EXPECTATION THAT THERANOS WOULD HAVE EQUAL ACCESS TO THE DOCUMENTS THAT YOU SIGNED?
LYNETTE SAWYER: OH, YES.
MR. LEACH: YOU DIDN'T HAVE SOME SECRET SOP THAT YOU DIDN'T SHARE WITH THEM?
MR. LEACH: YOU WERE ASKED A NUMBER OF QUESTIONS ABOUT SOMETHING CALLED LIS. DO YOU REMEMBER THAT?
LYNETTE SAWYER: YES.
MR. LEACH: AND YOU NEVER SAW THE LIS SYSTEM, DID YOU?
MR. LEACH: YOU NEVER USED THE LIS SYSTEM, DID YOU?
MR. LEACH: YOU NEVER DREW A PATIENT RECORD FROM THE LIS SYSTEM?
LYNETTE SAWYER: I DID NOT.
MR. LEACH: AND YOU NEVER HEARD ABOUT ANYBODY DOING THAT, DID YOU?
LYNETTE SAWYER: NO, BUT I WOULDN'T REALLY EXPECT TO HEAR THAT.
MR. LEACH: OKAY. WE SAW REFERENCE IN THE LIS SOP ABOUT SOMETHING CALLED THE NANOTAINER. AND I THINK YOU SAID YOU DIDN'T KNOW WHAT THAT WAS?
LYNETTE SAWYER: YES, YES.
MR. LEACH: AND THERE WAS SOME REFERENCE TO PULLING UP RESULTS FOR DOCTORS. YOU NEVER DID THAT THROUGH THE LIS SYSTEM; CORRECT?
LYNETTE SAWYER: NO, I DID NOT.
MR. LEACH: THERE WAS ALSO A REFERENCE IN THERE TO VENOUS DRAWS. DO YOU REMEMBER THAT?
LYNETTE SAWYER: YES.
MR. LEACH: AND DID YOU HAVE AN UNDERSTANDING AT THE TIME THAT THERANOS WAS TESTING FROM FINGERSTICKS ON THEIR OWN DEVICES?
LYNETTE SAWYER: NOT THAT THEY WERE TESTING, NO.
MR. LEACH: DID YOU HAVE AN UNDERSTANDING THAT THERANOS WAS ACTUALLY USING FINGERSTICK BLOOD TO TEST ON MODIFIED THIRD PARTY DEVICES?
MR. LEACH: YOU SIGNED SOME SOP'S OR SOME VERIFICATION REPORTS RELATING TO LDT'S?
LYNETTE SAWYER: NO, NO. I DID SIGN A COUPLE OF VALIDATIONS RELATING TO LDT'S.
MR. LEACH: OKAY. AND TELL ME YOUR MEMORY OF THOSE.
LYNETTE SAWYER: THEY EITHER PERTAINED TO STOOL SAMPLES AND FINDING A COUPLE OF DIFFERENT SPECIFIC BACTERIA ASSAYS TO FIND SOME SPECIFIC BACTERIA IN STOOL SAMPLES, OR -- A COUPLE OF DIFFERENT BACTERIA SAMPLES, OR THEY PERTAINED TO ANTIBIOTIC SUSCEPTIBILITY TESTING OF BACTERIA.
MR. LEACH: OKAY. SO NOTHING RELATING TO AN EDISON?
LYNETTE SAWYER: CORRECT.
MR. LEACH: AND NOTHING RELATING TO DRAWING FINGERSTICK FOR USE ON A MODIFIED SIEMENS MACHINE?
LYNETTE SAWYER: DRAWING FINGERSTICK, YES. BUT NO USE OF IT. IT WAS SIMPLY THE PHLEBOTOMY SOP.
MR. LEACH: AND IF -- WITHDRAWN. YOU WERE ALSO ASKED SOME QUESTIONS ABOUT JERRY HURST. DO YOU RECALL THAT?
LYNETTE SAWYER: YES.
MR. LEACH: AND DID YOU EVER SEE JERRY HURST IN THE LAB?
LYNETTE SAWYER: AT A THERANOS LAB? NO.
MR. LEACH: THAT'S BECAUSE YOU DIDN'T PERSONALLY GO TO THE THERANOS LAB?
LYNETTE SAWYER: CORRECT.
MR. LEACH: AND DID YOU EVER CONSULT WITH MR. HURST ABOUT THE SOP'S RELATING TO THE FDA MACHINES THAT YOU REVIEWED?
MR. LEACH: FDA APPROVED MACHINES?
MR. LEACH: YOU DON'T RECALL TALKING TO HIM ABOUT THOSE?
LYNETTE SAWYER: I DON'T RECALL. I DON'T THINK SO.
MR. LEACH: AT THE TIME YOU WERE A LAB DIRECTOR, OTHER THAN EXPRESSING THE VIEW THAT YOU WANTED TO GET OUT, DID YOU EVER HAVE ANY SUBSEQUENT CONVERSATIONS WITH MR. HURST?
LYNETTE SAWYER: NOT ABOUT THERANOS. NOT THAT I RECALL.
MR. LEACH: OKAY. MAY I HAVE A MOMENT, YOUR HONOR?
JUDGE DAVILA: YES.
(DISCUSSION AMONGST GOVERNMENT COUNSEL OFF THE RECORD.)
MR. LEACH: I HAVE NO FURTHER QUESTIONS, YOUR HONOR. THANK YOU, DR. SAWYER.
LYNETTE SAWYER: THANK YOU.
RECROSS-EXAMINATION BY MR. WADE:
MR. WADE: DR. SAWYER, MR. LEACH ASKED YOU ABOUT THE EMAIL WHERE THE COMPANY WAS INFORMED THAT YOU WERE NOT GOING TO EXTEND YOUR CONTRACT?
LYNETTE SAWYER: YES.
LYNETTE SAWYER: YES.
LYNETTE SAWYER: YES.
MR. WADE: AND ISN'T IT CUSTOMARY TO GIVE NOTICE IN ADVANCE SO THAT IF THE COMPANY NEEDS TO FIND A NEW LABORATORY DIRECTOR, THEY HAVE ENOUGH TIME TO DO THAT?
LYNETTE SAWYER: THAT'S WHY WE SENT IT, OR THAT'S WHY NOTICE WAS GIVEN IN MAY OR APRIL, YES.
MR. WADE: AND RIGHT. SO YOU STARTED IN NOVEMBER AND YOU GAVE NOTICE IN APRIL OF THE FACT THAT YOU WERE NOT INTENDING TO EXTEND THE CONTRACT; RIGHT?
LYNETTE SAWYER: YES.
MR. WADE: AND THEN YOU MADE THE DECISION TO EXTEND IT ANOTHER 45 DAYS OR SO AT THE REQUEST OF MR. BALWANI; IS THAT RIGHT?
LYNETTE SAWYER: RIGHT. SOMETHING LIKE THAT. ABOUT SIX WEEKS.
LYNETTE SAWYER: YES.
JUDGE DAVILA: MR. LEACH?
MR. LEACH: NO, YOUR HONOR.
JUDGE DAVILA: MAY THIS WITNESS BE EXCUSED?
MR. LEACH: YES.
JUDGE DAVILA: YOU MAY BE EXCUSED. THE GOVERNMENT HAS ANOTHER WITNESS TO CALL?
MR. LEACH: WE DO, YOUR HONOR. I NOTICE IT'S 12:26.
JUDGE DAVILA: I THINK WE SHOULD TAKE OUR BREAK NOW. I SAID WE WOULD HAVE TO TAKE A BREAK AT 12:30, AND WE'LL RETURN AT 1:00 OR 5 AFTER 1:00. AND SO LET'S TAKE OUR BREAK NOW, AND WE'LL COME BACK AND CALL YOUR NEXT WITNESS.
MR. LEACH: THANK YOU, YOUR HONOR.
JUDGE DAVILA: GREAT. THANK YOU.
(JURY OUT AT 12:27 P.M.)
(LUNCH RECESS TAKEN AT 12:27 P.M.) AFTERNOON SESSION
(JURY IN AT 1:13 P.M.)
JUDGE DAVILA: WE'RE BACK ON THE RECORD. OUR JURY IS PRESENT. ALL COUNSEL ARE PRESENT, AND MS. HOLMES IS PRESENT. THE GOVERNMENT HAS AN ADDITIONAL WITNESS?
MR. LEACH: YES, YOUR HONOR. THE UNITED STATES CALLED KINGSHUK DAS.
JUDGE DAVILA: GOOD AFTERNOON. IF YOU WOULD COME FORWARD. IF YOU COULD WALK UP HERE AND FACE OUR COURTROOM DEPUTY WHILE YOU RAISE YOUR RIGHT HAND, SHE HAS A QUESTION FOR YOU.
(GOVERNMENT'S WITNESS, KINGSHUK DAS, WAS SWORN.)
LYNETTE SAWYER: YES.
COURT CLERK: THANK YOU.
JUDGE DAVILA: PLEASE HAVE A SEAT HERE, SIR. I'LL INVITE YOU TO MAKE YOURSELF COMFORTABLE. FEEL FREE TO ADJUSTS THE CHAIR AND THE MICROPHONE AS YOU NEED. I'LL ENCOURAGE YOU TO SPEAK DIRECTLY INTO THE MICROPHONE. WHEN YOU ARE COMFORTABLE, WOULD YOU PLEASE STATE YOUR NAME AND THEN SPELL IT, PLEASE.
LYNETTE SAWYER: YES. SHALL I KEEP MY MASK ON, SIR?
JUDGE DAVILA: HAVE YOU BEEN VACCINATED, SIR?
LYNETTE SAWYER: YES.
JUDGE DAVILA: YES, YOU MAY, YOU MAY TAKE IT OFF.
LYNETTE SAWYER: THANK YOU. MY NAME IS KINGSHUK DAS. THAT IS SPELLED K-I-N-G-S-H-U-K. LAST NAME DAS, D-A-S.
JUDGE DAVILA: THANK YOU. COUNSEL.
MR. LEACH: THANK YOU, YOUR HONOR.