Day 38 - November 23, 2021
Elizabeth Holmes addressed Theranos's unfinished platform development, admitted adding pharmaceutical-company logos to reports sent to Walgreens, and explained the limited disclosure of modified commercial analyzers. She also denied pressuring laboratory personnel and attributed financial projections to assumptions in Ramesh Balwani's model.
Full day summary
1. Elizabeth A. Holmes — Direct (Continued)
The jury reported no exposure to case information during the recess before Elizabeth Holmes resumed direct examination about Theranos technology, business partnerships, laboratory practices, and projections.
Highlights
Elizabeth A. Holmes — Directtestimony highlightHolmes described internal scientific feedback that led her to believe the proposed System 4.0 could perform four assay methods and ultimately run any test, while also acknowledging that substantial assay, hardware, software, and hiring work remained.Elizabeth A. Holmes — DirectadmissionHolmes admitted adding Pfizer and Schering-Plough logos to Theranos-prepared reports immediately before sending them to Walgreens, denied intending to imply that the pharmaceutical companies prepared the reports, and said she wished she had handled it differently.Elizabeth A. Holmes — Direct“NO. BUT I'VE HEARD THAT TESTIMONY IN THIS CASE, AND I WISH I HAD DONE IT DIFFERENTLY.”— Elizabeth A. HolmesHolmes denied intending to misattribute the pharmaceutical reports but acknowledged regret after hearing how recipients understood the added logos.Elizabeth A. Holmes — DirectadmissionHolmes explained the decision to process many small samples on modified commercial platforms rather than banks of single-sample MiniLab devices, then acknowledged that Theranos did not publicly disclose that use and told few outsiders, attributing the restriction to trade-secret advice.Elizabeth A. Holmes — Direct“BECAUSE THIS WAS AN INVENTION THAT WE UNDERSTOOD FROM OUR COUNSEL WE HAD TO PROTECT AS A TRADE SECRET, AND THAT IF WE DISCLOSED THAT INFORMATION, WE WOULD LOSE TRADE SECRET PROTECTION.
THE BIG MEDICAL DEVICE COMPANIES LIKE SIEMENS COULD EASILY REPRODUCE WHAT WE HAD DONE IF THEY KNEW WHAT WE WERE DOING. THEY HAD MORE ENGINEERS THAN WE DID, AND A LOT MORE RESOURCES.
AND SO THE ADVICE WAS TO KEEP IT CONFIDENTIAL SO THAT THERANOS WOULD HAVE THE CHANCE TO PROFIT OFF OF THAT INVENTION.”— Elizabeth A. HolmesHolmes gave her stated reason for limiting disclosure of Theranos's use of modified commercial analyzers.Elizabeth A. Holmes — DirectconfrontationHolmes denied pressuring laboratory personnel to approve assays, said she lacked the training to decide clinical validity, and testified that tests raising concerns were delayed until the laboratory director was satisfied.Elizabeth A. Holmes — Direct“I RECALL TELLING DR. ROSENDORFF THAT WE'LL DO WHATEVER IT TAKES TO GIVE HIM THE TIME THAT WE NEED TO BRING UP THE TEST PROPERLY UNTIL HE WAS SATISFIED WITH SIGNING OFF ON THEM.”— Elizabeth A. HolmesHolmes directly disputed the suggestion that clinical-validation deadlines overrode the laboratory director's approval.Elizabeth A. Holmes — Directtestimony highlightThe defense compared investor-facing financial projections with board materials and Balwani's model; Holmes attributed the projections to assumptions about store rollout and other sample sources and said Balwani prepared and adjusted them.