Brittany Gould — Direct
205 linesDIRECT EXAMINATION BY MR. LEACH:
MR. LEACH: GOOD AFTERNOON, MS. GOULD. WHERE DO YOU LIVE?
BRITTANY GOULD: MESA, ARIZONA.
MR. LEACH: CAN YOU PULL THAT CLOSER TO YOU SO EVERYBODY CAN HEAR YOU?
BRITTANY GOULD: MESA, ARIZONA.
MR. LEACH: AND HOW LONG HAVE YOU LIVED IN MESA, ARIZONA?
BRITTANY GOULD: I'VE BEEN IN ARIZONA FOR ABOUT 18 YEARS NOW.
MR. LEACH: AND WHAT DO YOU DO FOR A LIVING?
BRITTANY GOULD: I'M A MEDICAL ASSISTANT.
MR. LEACH: AND CAN YOU TELL US A LITTLE BIT ABOUT YOUR JOB DUTIES AS A MEDICAL ASSISTANT?
BRITTANY GOULD: YEAH. SO I AM IN CHARGE OF GIVING PATIENTS THEIR TEST RESULTS, DRAWING BLOOD, ESCORTING THEM TO EXAM ROOMS, AND ASSISTING THE DOCTORS IN KEEPING THEIR SCHEDULES FOR SURGERIES, AND THINGS OF THAT SORT.
MR. LEACH: AND WHAT TYPES OF MEDICAL PRACTICES HAVE YOU WORKED IN AS A MEDICAL ASSISTANT?
BRITTANY GOULD: SO I'VE DONE FAMILY PRACTICE, I'VE DONE NEUROSURGERY, AND I'M CURRENTLY WORKING IN A GASTROENTEROLOGIST OFFICE.
MR. LEACH: AND IN CONNECTION WITH YOUR WORK IN THE FAMILY PRACTICE, DID YOU HAVE EXPERIENCE DRAWING BLOOD FOR PATIENTS?
BRITTANY GOULD: CORRECT, YES.
MR. LEACH: I WANT TO DRAW YOUR ATTENTION TO THE TIME PERIOD OF 2014. DO YOU HAVE THAT TIME PERIOD IN MIND?
BRITTANY GOULD: YES.
MR. LEACH: OKAY. AND WHERE WERE YOU WORKING AT THAT TIME PERIOD?
BRITTANY GOULD: I WAS WORKING IN A PRIMARY CARE OFFICE WITH DR. CYNTHIA BARRY.
MR. LEACH: AS A MEDICAL ASSISTANT WORKING FOR DR. BARRY, DID YOU COME TO LEARN ABOUT A COMPANY CALLED THERANOS?
BRITTANY GOULD: YES.
MR. LEACH: AND TELL US WHAT HAPPENED, PLEASE.
BRITTANY GOULD: WE HAD A REPRESENTATIVE FROM THERANOS COME IN WITH LITERATURE ON THEIR COMPANY, WITH LOCATIONS AND PRICES FOR THEIR TESTS.
MR. LEACH: AND YOU SAY THE REPRESENTATIVE BROUGHT LITERATURE?
BRITTANY GOULD: YEAH.
MR. LEACH: AND WHAT DO YOU MEAN? WHAT TYPE OF MATERIALS DID THE REPRESENTATIVE BRING?
BRITTANY GOULD: JUST PRICES FOR THEIR DIFFERENT LAB TESTS, THE LOCATION OF THEIR FACILITY, THINGS OF THAT SORT.
MR. LEACH: AND AT THE TIME DID YOU REVIEW SOME OF THIS MATERIAL?
BRITTANY GOULD: YES.
MR. LEACH: AND WERE YOU HAVE IMPRESSED WITH THERANOS?
BRITTANY GOULD: YES.
MR. LEACH: AND WHY WERE YOU IMPRESSED WITH THERANOS?
BRITTANY GOULD: THE PRICE WAS COST EFFECTIVE FOR OUR PATIENTS THAT WERE SELF PAY, IT WAS CONVENIENT IN REGARDS TO THE TIME WHEREAS ANOTHER LAB YOU WOULD HAVE TO WAIT FOR A SIGNIFICANT AMOUNT OF TIME. IT JUST SEEMS LIKE A QUICKER PROCESS.
MR. LEACH: AND DID THE MARKETING MATERIALS ALSO SPEAK ABOUT HOW THERANOS DREW BLOOD FROM PATIENTS?
BRITTANY GOULD: NO. JUST THE FINGER PRICK WAS THE ONLY THING THAT I CAN RECALL FROM.
MR. LEACH: AND WHAT DO YOU MEAN BY FINGER PRICK? WHAT DID YOU --
BRITTANY GOULD: THAT THEY WERE ABLE TO DRAW AT THE LABS WITH JUST A FINGER POKE.
MR. LEACH: AND BASED ON THESE MARKETING MATERIALS, DID YOU BELIEVE THERANOS TO OFFER ACCURATE TESTS?
BRITTANY GOULD: YES.
MR. LEACH: AND DID YOU BELIEVE THEM TO OFFER RELIABLE TESTS?
BRITTANY GOULD: YES.
MR. LEACH: AND DID YOU BELIEVE THEM TO OFFER TESTS THAT WERE COMPARABLE TO COMPETITORS IN THE MARKETPLACE?
BRITTANY GOULD: YES.
MR. LEACH: BASED ON THE MARKETING LITERATURE THAT YOU RECEIVED IN DR. BARRY'S PRACTICE, DID YOU REFER PATIENTS TO THERANOS?
BRITTANY GOULD: YES.
MR. LEACH: AND WHY DID YOU DO THAT?
BRITTANY GOULD: WE HAD A LOT OF PATIENTS THAT DIDN'T HAVE HEALTH INSURANCE OR IT WAS A MORE COST EFFECTIVE OPTION FOR THEM.
MR. LEACH: SLIGHT SHIFT IN TOPICS. IN THIS TIME PERIOD OF 2014, DID YOU HAVE ANY CHILDREN?
BRITTANY GOULD: NOT IN -- I HAD ONE LIVING CHILD, YES.
MR. LEACH: A BOY OR A GIRL?
BRITTANY GOULD: A GIRL.
MR. LEACH: AND IN THIS TIME PERIOD 2014, WERE YOU AND YOUR HUSBAND TRYING TO HAVE ANOTHER BABY?
BRITTANY GOULD: YES.
MR. LEACH: AND HAD CONCEIVING CHILDREN BEEN EASY FOR YOU?
MR. LEACH: AND AT A HIGH LEVEL, SOMETHING YOU'RE COMFORTABLE WITH, CAN YOU TELL US A LITTLE BIT ABOUT THE DIFFICULTIES THAT YOU HAD CONCEIVING IN THIS 2013, 2014 TIME PERIOD?
BRITTANY GOULD: YES. SO I HAVE A HARD TIME CARRYING PREGNANCIES PAST THE FIRST TRIMESTER. USUALLY RIGHT AROUND THAT 12 WEEK MARK I WOULD LOSE MY PREGNANCIES AND SUFFER A MISCARRIAGE.
MR. LEACH: HOW MANY TIMES DID THAT HAPPEN?
BRITTANY GOULD: THREE TIMES IN A ROW.
MR. LEACH: IN THE FALL OF 2014 DID YOU LEARN AT SOME POINT THAT YOU WERE EXPECTING?
BRITTANY GOULD: YES.
MR. LEACH: AND HOW DID YOU LEARN THAT?
BRITTANY GOULD: I TOOK AN AT HOME PREGNANCY TEST.
MR. LEACH: AND AFTER TAKING THE AT HOME PREGNANCY TEST, DID YOU GO AND SEE A DOCTOR?
BRITTANY GOULD: YES.
MR. LEACH: AND WHO DID YOU GO TO?
BRITTANY GOULD: AUDRA ZACHMAN, DR. AUDRA.
MR. LEACH: AND HAD YOU BEEN A PATIENT OF DR. ZACHMAN FOR SOME PERIOD OF TIME BEFORE THAT?
BRITTANY GOULD: YES.
MR. LEACH: OKAY. AND HAD DR. ZACHMAN TREATED YOU FOR ONE OF YOUR PRIOR MISCARRIAGES?
BRITTANY GOULD: YES, CORRECT.
MR. LEACH: OKAY. SO YOU HAVE A POSITIVE AT HOME TEST AND YOU GO TO SEE DR. ZACHMAN. WHAT HAPPENED?
BRITTANY GOULD: SO WE CHECKED MY BLOOD IN OFFICE I BELIEVE AT THAT TIME AND CONFIRMED THE PREGNANCY WITH AN HCG QUANTITATIVE BLOOD TEST.
MR. LEACH: AND DID YOU AND DR. ZACHMAN DISCUSS DRAWING ADDITIONAL HCG BLOOD TESTS?
BRITTANY GOULD: CORRECT, YES.
MR. LEACH: OKAY. MAY I HAVE ONE MOMENT, YOUR HONOR?
(DISCUSSION AMONGST GOVERNMENT COUNSEL OFF THE RECORD.)
BY MR. LEACH:
MR. LEACH: I'D LIKE TO DISPLAY FOR THE WITNESS, IF WE CAN, A DOCUMENT IN EVIDENCE WHICH IS 5410.
JUDGE DAVILA: IS THIS JUST FOR THE WITNESS?
MR. LEACH: I BELIEVE IT'S IN EVIDENCE SO I BELIEVE WE CAN DISPLAY IT FOR THE JURY.
JUDGE DAVILA: THAT'S FINE.
BY MR. LEACH:
MR. LEACH: MS. GOULD, DO YOU SEE YOUR NAME IN THE LEFT CORNER WHERE IT SAYS "PATIENT"?
BRITTANY GOULD: YES.
MR. LEACH: AND THERE'S AN AGE 24 YEARS. IS THAT ROUGHLY YOUR AGE BACK IN 2014?
BRITTANY GOULD: CORRECT, YES.
MR. LEACH: OKAY. AND DO YOU SEE THAT THIS IS A LAB RESULT REPORT FROM QUEST DIAGNOSTICS?
BRITTANY GOULD: YES.
MR. LEACH: AND DO YOU SEE THE DATE DRAWN IS SEPTEMBER 30TH, 2014?
BRITTANY GOULD: CORRECT.
MR. LEACH: OKAY. IS THAT TIME PERIOD ROUGHLY CONSISTENT WHEN YOU FIRST WENT TO SEE DR. ZACHMAN ABOUT YOUR PREGNANCY?
BRITTANY GOULD: YES.
MR. LEACH: AND YOU RECALL BEING TOLD THAT YOUR HCG RESULTS LOOKED GOOD AND INDICATIVE OF A PREGNANCY?
BRITTANY GOULD: CORRECT.
MR. LEACH: OKAY. AT SOME POINT IN TIME DID YOU HAVE YOUR BLOOD DRAWN FROM THERANOS?
BRITTANY GOULD: YES.
MR. LEACH: WHY DID YOU GO TO THERANOS?
BRITTANY GOULD: OUT OF CONVENIENCE. I BELIEVE AT THAT TIME MY PLAN WAS A HIGH DEDUCTIBLE AND IT WAS MORE COST EFFECTIVE FOR ME.
MR. LEACH: LET ME PLEASE DRAW YOUR ATTENTION TO WHAT IS IN EVIDENCE AS EXHIBIT 2044. IF WE CAN ZOOM IN ON THE TOP PORTION OF THIS PAGE. DO YOU SEE THE VISIT OR YOUR NAME IN THE LEFT CORNER, MS. GOULD?
BRITTANY GOULD: YES.
MR. LEACH: AND DO YOU SEE THE DATE OF 10-20-2014?
BRITTANY GOULD: YES.
MR. LEACH: OKAY. TELL US ABOUT YOUR EXPERIENCE GETTING YOUR BLOOD DRAWN AT THERANOS? WHERE DID YOU GO AND WHAT HAPPENED?
BRITTANY GOULD: I WENT TO A WALGREENS LOCATION THAT HAD A THERANOS. IT WAS A PRETTY EASY PROCESS. I DON'T RECALL ANY HANGUPS. I DIDN'T HAVE TO WAIT LONG. I GOT MY FINGER POKED, AND I WENT ON MY WAY.
MR. LEACH: WHEN YOU SAY YOU GOT YOUR FINGER POKED, DO YOU MEAN THE BLOOD WAS DRAWN FROM YOUR FINGER AS OPPOSED TO A VEIN?
BRITTANY GOULD: YES.
MR. LEACH: AND YOU FOUND THIS CONVENIENT?
BRITTANY GOULD: YES.
MR. LEACH: HOW DID YOU PAY FOR THE TEST?
BRITTANY GOULD: I BELIEVE -- I CAN'T RECALL THAT CORRECTLY, BUT, I MEAN, I CAN'T SAY -- I WOULD ASSUME A CREDIT CARD.
MR. LEACH: AND DID COST FACTOR INTO YOUR DECISION TO GO TO THERANOS?
BRITTANY GOULD: YES.
MR. LEACH: AT THE TIME DID YOU HAVE A HIGH DEDUCTIBLE INSURANCE PLAN?
BRITTANY GOULD: YES.
MR. LEACH: AND YOU WERE LOOKING FOR SOMETHING WHERE YOU DIDN'T HAVE TO PAY THAT HIGH DEDUCTIBLE?
BRITTANY GOULD: CORRECT.
MR. LEACH: AND SITTING HERE TODAY, YOU DON'T HAVE A FIRM MEMORY IF YOU PAID OR HOW YOU PAID?
BRITTANY GOULD: CORRECT.
MR. LEACH: AT THE TIME YOU WENT TO THERANOS DID YOU BELIEVE YOU WOULD GET AN ACCURATE BLOOD TEST?
BRITTANY GOULD: YES.
MR. LEACH: DID YOU BELIEVE YOU WOULD GET A RELIABLE BLOOD TEST?
BRITTANY GOULD: YES.
MR. LEACH: AND WOULD YOU HAVE GONE TO THERANOS IF YOU HAD BELIEVED EITHER OF THOSE TWO THINGS WEREN'T TRUE?
MR. LEACH: WAS THIS THE ONLY TEST THAT YOU GOT AT THERANOS?
MR. LEACH: AND LET ME DRAW YOUR ATTENTION TO PAGE 2 OF EXHIBIT 2044. DO YOU SEE YOUR NAME IN THE LEFT PORTION OF THIS DOCUMENT?
BRITTANY GOULD: YES.
MR. LEACH: AND DO YOU SEE A VISIT DATE OF OCTOBER 4TH, 2014?
BRITTANY GOULD: YES.
MR. LEACH: OKAY. DO YOU BELIEVE THIS TO BE THE SECOND TIME THAT YOU WENT TO THERANOS FOR A BLOOD TEST?
BRITTANY GOULD: YES.
MR. LEACH: DID YOUR SECOND EXPERIENCE AT THERANOS STAND OUT IN ANY WAY FROM YOUR FIRST EXPERIENCE?
BRITTANY GOULD: NO. IT'S UNREMARKABLE.
MR. LEACH: AND WAS YOUR BLOOD DRAWN BY A FINGER?
BRITTANY GOULD: YES, IT WAS DRAWN BY A FINGER POKE.
MR. LEACH: AND JUST SO WE HAVE AN ACCURATE RECORD, LET ME ASK THE QUESTION AGAIN. WAS YOUR BLOOD DRAWN FROM THE FINGER?
BRITTANY GOULD: YES.
MR. LEACH: AND DO YOU RECALL HOW YOU PAID FOR THIS TEST, IF AT ALL?
BRITTANY GOULD: I CAN'T RECALL.
MR. LEACH: DID COST AGAIN FACTOR INTO WHY YOU WENT TO THERANOS?
BRITTANY GOULD: YES.
MR. LEACH: AND DID YOU GO BECAUSE YOU BELIEVED YOU WOULD GET AN ACCURATE AND RELIABLE TEST?
BRITTANY GOULD: YES.
MR. LEACH: IN THE TWO DAYS BETWEEN YOUR VISITS TO THERANOS, DID ANYTHING CHANGE IN TERMS OF YOUR HEALTH CIRCUMSTANCES OR YOUR -- OR WHAT YOU WERE DOING ON A DAILY BASIS?
MR. LEACH: OKAY. AFTER GETTING YOUR BLOOD DRAWN FROM THERANOS FOR THIS SECOND TIME, DID YOU GO IN TO MEET WITH DR. ZACHMAN?
BRITTANY GOULD: YES.
MR. LEACH: DID YOU GO ALONE?
BRITTANY GOULD: NO. I HAD MY DAUGHTER WITH ME.
MR. LEACH: OKAY. WHEN YOU WENT IN TO SEE DR. ZACHMAN AFTER THIS SECOND TEST, WHAT DID SHE SAY TO YOU? TELL US WHAT HAPPENED.
BRITTANY GOULD: I WENT IN FOR MY VISIT, AND THEY GIVE YOU A BAG OF STUFF WHEN YOU'RE A NEW MOM, ALL OF THE GOODIES. SO I GOT MY BAG, AND WE HAD THIS CONVERSATION. AND THEN THE LAB RESULTS HAD COME IN AT THE END OF THE VISIT, AND SHE TOLD ME YOUR NUMBERS ARE FALLING, UNFORTUNATELY. THAT SIGNIFIED TO ME THAT I WAS MISCARRYING.
MR. LEACH: AND WHEN DR. ZACHMAN TOLD YOU THAT YOUR NUMBERS WERE FALLING, DID YOU UNDERSTAND THAT TO BE A REFERENCE TO THE HCG TEST?
BRITTANY GOULD: YES.
MR. LEACH: AND HAD YOU HAD EXPERIENCE WITH FALLING HCG TESTS FROM YOUR PRIOR MISCARRIAGES?
BRITTANY GOULD: YES.
MR. LEACH: DID YOU DISCUSS WITH -- BASED ON THE FALLING NUMBERS THAT DR. ZACHMAN DESCRIBED TO YOU, DID YOU AND SHE DISCUSS POTENTIAL TREATMENT OPTIONS?
BRITTANY GOULD: YES.
MR. LEACH: AND WHAT DID YOU DISCUSS?
BRITTANY GOULD: THE WAYS TO TERMINATE A PREGNANCY, THE OPTIONS, YOU CAN TAKE THE MEDICATION AND D&C OR JUST LET YOUR BODY GO THROUGH IT NATURALLY.
MR. LEACH: AND DID YOU AND DR. ZACHMAN ALSO DISCUSS GETTING RETESTED?
BRITTANY GOULD: YES.
MR. LEACH: LET ME DRAW YOUR ATTENTION TO WHAT HAS BEEN ADMITTED INTO EVIDENCE AS EXHIBIT 3305. MS. GOULD, DO YOU SEE YOUR NAME IN THE LEFT CORNER?
BRITTANY GOULD: YES.
MR. LEACH: AND DO YOU SEE THE NAME QUEST DIAGNOSTICS INC.?
BRITTANY GOULD: YES.
MR. LEACH: AND DO YOU BELIEVE THAT TO BE THE LAB TESTING COMPANY THAT YOU WENT TO FOR YOUR NEXT HCG TEST?
BRITTANY GOULD: YES.
MR. LEACH: AND THIS ONE HAS AN HCG LEVEL OF 9559. DID YOU HAVE CONVERSATIONS WITH DR. ZACHMAN ABOUT THIS TEST?
BRITTANY GOULD: YES.
MR. LEACH: AND TELL US ABOUT THAT, PLEASE?
BRITTANY GOULD: I CAN'T RECALL THE DETAILS, BUT IT WAS A LITTLE CONFUSING, THE CONFLICTING INFORMATION. SO FROM THAT POINT FORWARD WE DECIDED TO STICK WITH SONORA QUEST JUST TO ENSURE THAT WE'RE, YOU KNOW, GETTING ACCURATE RESULTS.
MR. LEACH: AFTER SOME ADDITIONAL VISIT AND SOME ADDITIONAL TESTS, DID YOU AND DR. ZACHMAN STILL CONCLUDE THAT YOU WERE STILL PREGNANT?
BRITTANY GOULD: YES.
MR. LEACH: AND DID YOU ULTIMATELY GIVE BIRTH TO A BABY?
BRITTANY GOULD: YES.
MR. LEACH: AND WAS IT A GIRL OR A BOY?
BRITTANY GOULD: A GIRL.
MR. LEACH: AND AFTER THIS EXPERIENCE DID YOU EVER GO BACK TO THERANOS?
MR. LEACH: WHY NOT?
BRITTANY GOULD: INACCURATE RESULTS. I DIDN'T FEEL LIKE I COULD TRUST IT.
MR. LEACH: AFTER THIS EXPERIENCE, DID YOU EVER REFER ANY OF YOUR PATIENTS AT DR. BARRY'S FAMILY PRACTICE TO THERANOS?
MR. LEACH: WHY NOT?
BRITTANY GOULD: INACCURATE RESULTS. WE CAN'T PROVIDE ACCURATE PATIENT CARE WITH INACCURATE RESULTS.
MR. LEACH: MAY I HAVE A MOMENT, YOUR HONOR?
JUDGE DAVILA: YES.
(DISCUSSION AMONGST GOVERNMENT COUNSEL OFF THE RECORD.)
MR. LEACH: THANK YOU, MS. GOULD. I HAVE NOTHING FURTHER.
JUDGE DAVILA: CROSS-EXAMINATION?
MS. TREFZ: WE HAVE NO QUESTIONS FOR THIS WITNESS, YOUR HONOR.
JUDGE DAVILA: MAY THIS WITNESS BE EXCUSED?
MS. TREFZ: SHE MAY.
JUDGE DAVILA: THANK YOU. YOU'RE EXCUSED. THANK YOU.
BRITTANY GOULD: THANK YOU.
JUDGE DAVILA: LADIES AND GENTLEMEN, WE'LL TAKE OUR EVENING BREAK NOW. THANK YOU. I APPRECIATE YOUR INDULGENCE WITH YOUR TIME. AS YOU KNOW, I DO WANT TO CONTINUE TO REMIND YOU OF THE ADMONITION. IT IS IN PLACE. YOU MUST NOT COMMUNICATE WITH ANYONE IN ANY WAY ABOUT THIS CASE, YOU MUST IGNORE ANY INFORMATION ABOUT THE CASE THAT YOU MIGHT SEE WHILE BROWSING THE INTERNET OR YOUR SOCIAL MEDIA FEEDS OR WHILE YOU WATCH TELEVISION, LISTEN TO THE RADIO OR ANY OTHER ENTERTAINMENT DEVICES. I'LL ASK YOU TOMORROW MORNING AGAIN WHETHER OR NOT THAT HAS OCCURRED TO YOU, BUT FOR THIS EVENING, PLEASE REMEMBER THE ADMONITION. THANK YOU. AGAIN, WE'LL GO UNTIL 3:00 TOMORROW, PLEASE, IF THAT'S ALL RIGHT. I SEE NO HANDS. SO WE'LL GO UNTIL 3:00 TOMORROW AND POSSIBLY FRIDAY. THAT WOULD BE HELPFUL. ALL RIGHT. HAVE A GOOD EVENING EVERYONE. THANK YOU.
(JURY OUT AT 2:45 P.M.)
JUDGE DAVILA: THANK YOU. PLEASE BE SEATED. THANK YOU. THE RECORD SHOULD REFLECT THAT OUR JURY HAS LEFT FOR THE DAY. ANYTHING FURTHER BEFORE WE RECESS? FROM THE GOVERNMENT?
MR. LEACH: NO, YOUR HONOR.
JUDGE DAVILA: ALL RIGHT. HAVE A GOOD EVENING. WE'LL SEE YOU TOMORROW MORNING. THANK YOU.
COURT CLERK: COURT IS ADJOURNED.
(COURT ADJOURNED AT 2:46 P.M.)