Mehrl Ellsworth — Direct
116 linesDIRECT EXAMINATION BY MR. SCHENK:
MR. SCHENK: GOOD MORNING, DR. ELLSWORTH. I'D LIKE TO ASK YOU SOME QUESTIONS, AND WE'RE GOING TO FOCUS ON THE MAY, JUNE 2015 TIMEFRAME IF THAT'S OKAY. AT THAT TIME WHERE DID YOU RESIDE?
MEHRL ELLSWORTH: I LIVED IN LITCHFIELD PARK, ARIZONA.
MR. SCHENK: AND WERE YOU EMPLOYED AT THE TIME?
MEHRL ELLSWORTH: IN 2018?
MR. SCHENK: 2015.
MEHRL ELLSWORTH: YES.
MR. SCHENK: AND WHAT WERE YOU DOING?
MEHRL ELLSWORTH: I WAS A DENTIST.
MR. SCHENK: AND WERE YOU GETTING READY TO TAKE AN INTERNATIONAL TRIP THAT SUMMER?
MEHRL ELLSWORTH: YES.
MR. SCHENK: BEFORE YOU TOOK THE TRIP, DID YOU GET A BLOOD TEST THROUGH A COMPANY CALLED THERANOS?
MEHRL ELLSWORTH: YES.
MR. SCHENK: DID YOUR PHYSICIAN GIVE YOU INFORMATION ABOUT THE BLOOD TEST AND WHERE TO GO?
MEHRL ELLSWORTH: YES. HE DIRECTED ME TO GO TO A WALGREENS, WHICH WAS ACTUALLY BETWEEN HIS MEDICAL OFFICE AND MY DENTAL OFFICE. WE WERE ABOUT A MILE AND THREE-QUARTERS APART.
MR. SCHENK: AND WHAT IS THE NAME OF YOUR PHYSICIAN?
MEHRL ELLSWORTH: DR. MARK BURNES.
MR. SCHENK: WAS THE BLOOD TEST THAT YOU GOT BEFORE THIS INTERNATIONAL TRIP DIFFERENT THAN YOUR ANNUAL PHYSICAL BLOOD TEST?
MEHRL ELLSWORTH: WAS IT DIFFERENT? HOW IT WAS ADMINISTERED?
MR. SCHENK: NO, I'M SORRY. THAT WAS UNCLEAR. WAS IT NOT AT THE SAME SCHEDULE?
MEHRL ELLSWORTH: CORRECT, CORRECT. IT WAS STEPPED UP A LITTLE FASTER BECAUSE OF THE REQUIREMENTS OF MY CHURCH.
MR. SCHENK: OKAY. AND WHAT DO YOU MEAN BY THAT?
MEHRL ELLSWORTH: I HAD VOLUNTEERED AS A HUMANITARIAN DIRECTOR FOR THAILAND-MYANMAR. ANYWAY, I WAS ASKED TO SERVE WHAT WE TERM A MISSION FOR THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, AND I WAS A VOLUNTEER, AND THEY PUT YOU THROUGH A FINE TOOTH COMB BEFORE YOU GO OUT OF THE COUNTRY BECAUSE THEY TAKE CARE OF ALL MEDICAL EXPENSES WHEN YOU DO THAT.
MR. SCHENK: AND SO YOU HAD TO HAVE A BLOOD TEST BEFORE YOU LEFT?
MEHRL ELLSWORTH: YES.
MR. SCHENK: AND AMONG THE TESTS, WAS PSA ONE OF THE TESTS?
MEHRL ELLSWORTH: NORMALLY IT WAS FROM THE CLEVELAND LABS, YES.
MR. SCHENK: AND HOW ABOUT ON THIS OCCASION BEFORE YOUR INTERNATIONAL TRIP? WAS A PSA TEST DONE?
MEHRL ELLSWORTH: IT WAS EXCLUDED WITHIN THE 365 DAYTIME PERIOD BECAUSE I PUSHED IT UP A LITTLE EARLIER, AND THEN THE FOREMAN FROM OUR CHURCH REQUIRED THAT I NEEDED TO HAVE THE PSA.
MR. SCHENK: YOU SAID IT WAS EXCLUDED. I WONDER WHAT YOU MEAN BY THAT.
MEHRL ELLSWORTH: IT WAS EXCLUDED BECAUSE -- IT WASN'T BEING PAID FOR, BECAUSE IF YOU DO IT SOONER THAN 365 DAYS, MEDICARE THAT I WAS UNDER, I GUESS, DIDN'T COVER IT.
MR. SCHENK: I SEE. SO INSURANCE WOULDN'T PAY FOR THE PSA TEST, SO YOU HAD TO PAY FOR IT?
MEHRL ELLSWORTH: YES.
MR. SCHENK: AND WAS THAT ONE OF THE REASONS THAT YOU CHOSE TO GO TO THERANOS?
MEHRL ELLSWORTH: YES, BUT MAINLY ON THE ADVICE OF MY PHYSICIAN.
MR. SCHENK: WHEN YOU GOT A BLOOD TEST AT THERANOS, DID YOU EXPECT THE RESULTS TO BE ACCURATE?
MEHRL ELLSWORTH: YES.
MR. SCHENK: AND WAS ACCURACY IMPORTANT TO YOU?
MEHRL ELLSWORTH: YES.
MR. SCHENK: IT MIGHT BE OBVIOUS, BUT WHY?
MEHRL ELLSWORTH: I HAVE A DEGREE IN MICROBIOLOGY AND A MINOR IN CHEMISTRY, AND I WORKED IN SCIENCE ALL OF MY LIFE, AND ACCURACY WITH MY LAB RESULTS WAS IMPORTANT.
MR. SCHENK: DO BLOOD TESTS HAVE ANY VALUE OTHER THAN IF THEY ARE ACCURATE? CAN YOU USE THEM FOR SOMETHING ELSE?
MEHRL ELLSWORTH: ARE BLOOD TESTS --
JUDGE DAVILA: MAYBE YOU SHOULD ASK THAT QUESTION A DIFFERENT WAY.
BY MR. SCHENK:
MR. SCHENK: WHY DON'T WE TURN TO THE DOCUMENTS?
MEHRL ELLSWORTH: OKAY.
MR. SCHENK: IF YOU WOULD LOOK AT -- THERE'S A BINDER IN FRONT OF YOU. 4938 IS THE EXHIBIT NUMBER. IF YOU WOULD TURN TO PAGE 7.
MEHRL ELLSWORTH: SEVEN.
MR. SCHENK: AND THIS HAS BEEN ADMITTED, YOUR HONOR.
JUDGE DAVILA: YES.
MEHRL ELLSWORTH: OKAY.
BY MR. SCHENK:
MR. SCHENK: AND IT'S ON THE SCREEN IF THAT EASIER. DR. ELLSWORTH, IT LOOKS LIKE WE'RE LOOKING AT A BLOOD TEST THAT HAPPENED FOLLOWING A VISIT ON MAY 14TH, 2015. DO YOU RECALL THAT?
MEHRL ELLSWORTH: YES, I DO.
MR. SCHENK: AND WHERE DID YOU GO TO GET THIS BLOOD TEST?
MEHRL ELLSWORTH: I WENT TO THE WALGREENS ON LITCHFIELD PARK ROAD.
MR. SCHENK: IS THAT IN ARIZONA?
MEHRL ELLSWORTH: YES, ACTUALLY IN LITCHFIELD PARK. IT SAYS GOODYEAR, BUT IT'S JUST ACROSS THE STREET FROM MY RESIDENCE.
MR. SCHENK: OKAY. HOW DID YOU PAY FOR THE TEST RESULT?
MEHRL ELLSWORTH: I PAID WITH A CREDIT CARD.
MR. SCHENK: USING YOUR OWN PERSONAL FUNDS?
MEHRL ELLSWORTH: YES.
MR. SCHENK: DO YOU REMEMBER THE METHOD OF BLOOD DRAW FOR THIS PARTICULAR TEST?
MEHRL ELLSWORTH: IT WAS A FINGER PRICK.
MR. SCHENK: AND IT LOOKED LIKE THE BLOOD TEST CAME BACK AS A 26. DO YOU SEE THAT?
MEHRL ELLSWORTH: I SEE, YES, 26.1.
MR. SCHENK: AND WAS 26 DIFFERENT THAN PRIOR PSA TEST RESULTS THAT YOU RECEIVED?
MEHRL ELLSWORTH: YES, I HAD NEVER EXCEEDED A 2.
MR. SCHENK: IF YOU WILL NOW TURN ONE PAGE FORWARD TO PAGE 6. IT LOOKS LIKE ON PAGE 6 WE'RE LOOKING AT A BLOOD TEST RESULT FROM MAY 18TH, 2015, AT THERANOS. IS THAT RIGHT?
MEHRL ELLSWORTH: CORRECT.
MR. SCHENK: DID YOU GO TO THE SAME WALGREENS FOR THIS?
MEHRL ELLSWORTH: YES.
MR. SCHENK: DID YOU ALSO RECEIVE A FINGERSTICK TO DRAW YOUR BLOOD?
MEHRL ELLSWORTH: YES.
MR. SCHENK: AND HOW ABOUT THE PAYMENT? HOW DID YOU PAY FOR THIS ONE?
MEHRL ELLSWORTH: AGAIN, MY CREDIT CARD. IT WAS JUST EASIER AND QUICKER.
MR. SCHENK: CREDIT CARD DRAWN ON YOUR PERSONAL FUNDS?
MEHRL ELLSWORTH: YES, PERSONAL FUNDS.
MR. SCHENK: OKAY. IF I COULD ASK YOU TO TURN TO PAGE 5. ON PAGE 5 IT LOOKS LIKE THERE'S A VISIT DATE OF JUNE 11, 2015. IS THIS A THIRD BLOOD TEST THROUGH THERANOS?
MEHRL ELLSWORTH: YES, IT IS.
MR. SCHENK: AND WHERE DID YOU GO FOR THIS TEST?
MEHRL ELLSWORTH: TO THE SAME LOCATION IN GOODYEAR.
MR. SCHENK: WALGREENS?
MEHRL ELLSWORTH: WALGREENS, YES.
MR. SCHENK: AND WHAT WAS THE FORM OF BLOOD DRAW?
MEHRL ELLSWORTH: FINGER PRICK.
MR. SCHENK: AND HOW ABOUT PAYMENT? DO YOU REMEMBER HOW YOU PAID?
MEHRL ELLSWORTH: AGAIN, WITH MY PERSONAL CREDIT CARD.
MR. SCHENK: ALL RIGHT. IF YOU'LL NOW TURN TO PAGE 4, IT LOOKS LIKE THIS ONE IS A BLOOD TEST RESULT ON JUNE 30TH, 2015. IS THIS THE FOURTH THERANOS BLOOD TEST?
MEHRL ELLSWORTH: YES.
MR. SCHENK: DO YOU REMEMBER WHERE THE BLOOD DRAW WAS FOR THIS ONE?
MEHRL ELLSWORTH: A PHLEBOTOMIST WAS DIRECTED BY THERANOS TO COME TO MY OFFICE AND DO A VENOUS BLOOD DRAW.
MR. SCHENK: THIS ONE WAS BY VEIN, COMPARED TO THE OTHERS?
MEHRL ELLSWORTH: CORRECT.
MR. SCHENK: HOW ABOUT PAYMENT? DID YOU PAY FOR THIS ONE?
MEHRL ELLSWORTH: THERE WAS NO PAYMENT ASKED OR REQUESTED. IT WAS JUST BEING DONE AS A COURTESY, I SUPPOSE.
MR. SCHENK: SO YOU PAID OUT OF POCKET FOR THE FIRST THREE TESTS, BUT YOU PAID NOTHING FOR THIS FOURTH TEST?
MEHRL ELLSWORTH: CORRECT.
MR. SCHENK: THANK YOU.
MR. SCHENK: YOUR HONOR, MAY I HAVE A MOMENT?
JUDGE DAVILA: YES.
(DISCUSSION AMONGST GOVERNMENT COUNSEL OFF THE RECORD.)
MR. SCHENK: THANK YOU, YOUR HONOR. NO FURTHER QUESTIONS.
MS. TREFZ: WE HAVE NO QUESTIONS, YOUR HONOR.
JUDGE DAVILA: MAY THIS WITNESS BE EXCUSED?
MR. SCHENK: YES, YOUR HONOR.
JUDGE DAVILA: YOU'RE EXCUSED. DOES THE GOVERNMENT HAVE ANOTHER WITNESS?
MR. BOSTIC: YES, YOUR HONOR. THE UNITED STATES CALLS ROGER PARLOFF.
JUDGE DAVILA: SIR, IF YOU WOULD COME FORWARD, PLEASE. IF YOU WOULD FACE OUR COURTROOM DEPUTY HERE WHILE YOU RAISE YOUR RIGHT HAND, SHE HAS A QUESTION FOR YOU.
(GOVERNMENT'S WITNESS, ROGER PARLOFF, WAS SWORN.)
MEHRL ELLSWORTH: YES.
JUDGE DAVILA: PLEASE HAVE A SEAT HERE, SIR, AND MAKE YOURSELF COMFORTABLE. PLEASE FEEL FREE TO ADJUST THE CHAIR AND MICROPHONE AS YOU NEED. WHEN YOU ARE COMFORTABLE, WOULD YOU PLEASE STATE YOUR NAME AND THEN SPELL IT, PLEASE.
MEHRL ELLSWORTH: ROGER PARLOFF. P-A-R-L-O-F-F, AS IN FRANK.
JUDGE DAVILA: THANK YOU. COUNSEL.
MR. BOSTIC: THANK YOU, YOUR HONOR. /// /// ///