CA - Elizabeth Holmes (Theranos) Wire Fraud

Discussion in 'Trials' started by Seattle1, Apr 7, 2019.

  1. UndiscoveredTruth

    UndiscoveredTruth Well-Known Member

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    Dorothy Atkins@doratki·
    1m

    With that, trial recessed for the day. We'll be back in court Friday continuing with Erika Cheung's cross examination.
     
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  2. nyvictoria

    nyvictoria Well-Known Member

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  3. UndiscoveredTruth

    UndiscoveredTruth Well-Known Member

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    You're all very welcome. Thanks for reading!
     
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  4. UndiscoveredTruth

    UndiscoveredTruth Well-Known Member

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  5. Niner

    Niner Long time Websleuther

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    Friday, Sept. 17th:
    *Trial continues (Day 4) (@ 9am PT) - CA – for *Elizabeth A. Holmes (34/now 37) (CEO of Theranos) charged (March, 2018) & indicted (6/14/18) & arraigned (6/15/18) with 9 counts of wire fraud & 2 counts of conspiracy to commit wire fraud and charged & indicted (4/11/20) with fraud relating to a patient's blood test. Another count of wire fraud was added in 2020, bringing the total number of felony charges to 12. Plead not guilty. No bond. Faces a maximum sentence of 20 years in prison & up to $2.75 million in fines, plus restitution, & $250K for each individual count of wire fraud & conspiracy.
    Defrauding investors out of $700 million in funding for their blood-testing startup Theranos.
    Trial began on 8/31/21 with jury selection. 12 jurors of 7 men & 5 women (6 Caucasians, 4 Hispanics & 2 Asians) with five alternates (2 men & 3 women). Juror #7 excused & replaced with alternate #1. Now jurors are 8 men & 4 women. Alternates 1 man & 3 women.
    Trial began on 9/8/21.
    The Court trial days will be Tuesday, Wednesday & Friday, possibly other half days. The Court may modify the trial time & set either 8:30am-2pm or 9am-2pm & possibly 30-minute breaks in between. Judge Edward J. Davila presiding. Jury selection on 8/31 & 9/1, trial dates 9/17, 9/21, 9/22, 9/24, 9/28, 9/29, 10/1, 10/5, 10/6, 10/8, 10/12, 10/13, 10/15, 10/19, 10/20, 10/22. 10/26, 10/27 so far.

    Indictment & court info from 4/11/20 thru 8/26/21 & jury selection (Day 1-3) 8/31/21 to 9/2/21 & trial (Day 1-2) 9/8/21 to 9/14/21 reference post #513 here:
    CA - Elizabeth Holmes (Theranos) Wire Fraud

    9/15/21 Wednesday, Trial Day 3: Judge Davila is back on the bench to hear arguments on whether Erika Cheung's Theranos emails constitute business records and are admissible. After about an hour of arguments, Judge Davila doesn't exclude any of Cheung's emails outright, and he called in the jury.
    Government witnesses: Erika Cheung is a former Theranos lab associate who worked Oct. 2013-April 2014 & resigned b/c she didn't feel comfortable processing patient samples with Theranos' tech resumes stand.
    for more info see posts #516 to 520 here:
    CA - Elizabeth Holmes (Theranos) Wire Fraud
    Erika Cheung continued:
    for more info see posts #521 & 524 to here:
    CA - Elizabeth Holmes (Theranos) Wire Fraud
    Back in court Friday, 9/17/21 continuing with Erika Cheung's cross examination.

    *Ramesh “Sunny” Balwani (53/now 56) (CFO & President of Theranos) – Intervenors motion hearing on 8/26/21 & trial set to begin on 1/11/22 with jury selection & trial starts on 1/18/22. No update 9/16/21.
     
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  6. UndiscoveredTruth

    UndiscoveredTruth Well-Known Member

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    Dorothy Atkins@doratki·
    13h

    On a break today in US v Elizabeth Holmes, but her attorneys asked the judge to limit ex-Theranos team manager Surekha Gangakhedkar's testimony on a number of topics, including Ian Gibbon's suicide. Gangakhedkar didn't want to testify, but cut an immunity deal with the feds.

    [​IMG]

    [​IMG]
     
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  7. CrimeDawg123

    CrimeDawg123 Well-Known Member

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  8. UndiscoveredTruth

    UndiscoveredTruth Well-Known Member

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    Dorothy Atkins@doratki·
    4h

    It’s 7:30 and I’m outside the courthouse for day 4 of US v Elizabeth Holmes. The line outside isn’t so bad this morning - mostly tv press and random spectators. A lady behind me says she had work off today so decided to come watch. The case is “big for Silicon Valley,” she says.
    [​IMG]

    Dorothy Atkins@doratki·
    2h

    Erika Cheung is back on the stand to wrap up her cross-examination and any rebuttal qs, before Gangakhedkar is expected to testify. Holmes' counsel begins by asking her about Theranos' lab database and software.

    Dorothy Atkins@doratki·
    2h

    Holmes' counsel says he's concerned the gov't will mention Gangakhedkar's immunity deal to wrongfully suggest she and others at Theranos committed crimes. A prosecutor says he won't make that suggestion, and the judge notes that immunity deals aren't uncommon in criminal trials.

    Dorothy Atkins@doratki·
    2h

    Holmes' counsel Lance Wade asks Cheung if she can recall how many patient tests were conducted monthly on the Edison when it was launched in Walgreens in late 2013. She repeatedly replies she doesn't know. "I understand, it’s a specific question from a long time ago," he says.

    Dorothy Atkins@doratki·
    2h

    Wade points to a standard-operating-procedure "corrective" policy document that Theranos had explaining what to do in the case tests had errors. "I have never seen this document," Cheung says.

    Dorothy Atkins@doratki·
    2h

    Wade brings up the David Boies letter Cheung received in July 2015. She says she began talking with then-WSJ reporter John Carreyrou about Theranos in May 2015, and after she received two calls from Theranos' HR head, which she didn't return, before she got the letter from Boies.

    Dorothy Atkins@doratki·
    1h

    Wade shows Cheung emails b/w Tyler Shultz and Holmes. Shultz asked Holmes to meet in person and Holmes replied that she was tied up, but she asked Shultz to email her to be sure everything 'gets addressed.' That prompted Shultz's long email. (Feds left the exchange out on direct)

    Dorothy Atkins@doratki·
    1h

    Wade points to a patent authored by Theranos engineers on "Devices methods and systems for reducing sample volume." He asks Cheung about the patent claims, but she says it was after her time at Theranos and she doesn't know specifics about patents. Wade moves on.

    Dorothy Atkins@doratki·
    1h

    Wade wraps Cheung's cross-examination showing her some more Theranos policy documents, which she says she's never seen. John Bostic is now up for the gov't on redirect.

    Dorothy Atkins@doratki·
    1h

    Bostic asks Cheung how many tests out of the hundreds of tests offered by Theranos could be done on the Edison w/ blood from a fingerstick prick. She replies only 4-9 tests could be done on the Edison.

    Dorothy Atkins@doratki·
    1h

    Cheung says she started having concerns about Theranos' blood tests after a month working there and there were problems with machine performance. "We had people sleeping in their car because it was taking too long... we had to perform these samples over and over and over."

    Dorothy Atkins@doratki·
    1h

    Cheung on Theranos' policies and the Edison blood test devices: "Just because they’re less expensive doesn’t mean you should give people false information about their health status... It shouldn’t be the case [that] because you pay less, you get a less quality result."

    Dorothy Atkins@doratki·
    1h

    Cheung's examination wraps w/ her saying she didn't answer the calls from Theranos' HR head Mona Ramamurthy b/c "when I heard Mona’s voice and heard how scared she was" Cheung said she remembered how scared she felt while working at Theranos.

    Dorothy Atkins@doratki·
    1h

    Cheung: "I just felt I didn’t have to. It wasn’t my responsibility to pick up the phone and talk to these people -- that it was my responsibility not to speak to them." With that, Cheung's examination is over w/o re-cross. Ex-Theranos team manager Surekha Gangakhedkar is up next.

    Dorothy Atkins@doratki·
    1h

    Gangakhedkar begins by recalling that she started working at Theranos in 2005 and was eventually promoted to assay systems team manager. She eventually resigned in Aug 2013, over her concerns with the Edison devices. "I was not aligned with some of those decisions," she says.

    Dorothy Atkins@doratki·
    50m

    Gangakhedkar says GSK evaluated certain Theranos tests in 2008, but she would not have said GSK "comprehensively validated the technology," b/c "this was just a single study." We're taking a break, and will be back in ~45.

    Dorothy Atkins@doratki·
    11m

    Courtroom trial break banter among certain counsel/court staff is about how grateful everybody is that this isn't a patent case. (for real)
     
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  9. UndiscoveredTruth

    UndiscoveredTruth Well-Known Member

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    Dorothy Atkins@doratki·
    54m

    We're back, Gangakhedkar is on the stand, testifying about her frustrations with Theranos' policy of "siloing" information and prohibiting teams from sharing their project info w/ others at the company. The policy "came from either Ms. Holmes or Mr. Balwani," she said.

    Dorothy Atkins@doratki·
    38m

    A prosecutor is pointing to a series of emails in 2013 in which Gangakhedkar expressed concerns about problems with an assay test, and Holmes replied to one email asking another manager to “please comment on your root cause of these issues.”

    Dorothy Atkins@doratki·
    33m

    In another email from July 2013, Holmes wrote Balwani, Gangakhedkar and others that running a demo of certain assay tests using the Edison 4.0 was their highest priority that week.

    Dorothy Atkins@doratki·
    24m

    Gangakhedkar says in August 2013, she didn't think Theranos' Edison 3.0 and 3.5 were ready to be used for patient testing, b/c they were aware that they had reliability and "at that time they weren’t fully resolved."

    Dorothy Atkins@doratki·
    23m

    Gangakhedkar says she thinks Elizabeth Holmes was pressuring her team to validate Theranos' tests on Edison devices and that their validation was rushed.

    Dorothy Atkins@doratki·
    10m

    Gangakhedkar says she asked Sharada Sivaraman to email Holmes reiterating the reliability problems with Edison 3.0s in 2013, b/c they were having the same problems w/ the device they were launching. In a one-line sentence, Sivaraman emailed Holmes the data, but didn't elaborate.

    Dorothy Atkins@doratki·
    7m

    Gangakhedkar said she also emailed Daniel Young and Holmes that there was missing data from Edison 3.5 tests. Young replied to the email that it was b/c the "wrong cartridges were used." But he was "misrepresenting the truth," and shortly after she resigned, Gangakhedkar says.
     
    Last edited: Sep 17, 2021
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  10. LinasK

    LinasK Verified insider- Mark Dribin case

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    Thank God Holmes was never granted a patent for the Edison device because in order to receive a patent for something- the device actually has to work as it was designed to do so.
     
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  11. LinasK

    LinasK Verified insider- Mark Dribin case

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    BBM. This!!!
     
  12. LinasK

    LinasK Verified insider- Mark Dribin case

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    Elizabeth Holmes trial: Ex-employee says she was rebuffed in attempt to raise alarms
    Former lab worker Erika Cheung tells of events that led her to alert federal authorities to the company’s practices Published September 15

    A former Theranos Inc. lab worker testified Wednesday that she raised alarms about the blood-testing startup’s practices with colleagues, managers and even a top executive and a board member but was rebuffed at every turn.
    The testimony of the former employee, Erika Cheung, bolstered federal prosecutors’ case against Theranos founder Elizabeth Holmes, who is battling accusations that she defrauded patients and investors with promises that her technology could test for a range of health conditions using just a few drops of blood from a finger prick.
    Over two days of testimony, Ms. Cheung testified that Theranos’s highly publicized proprietary technology often didn’t work, and that the company cut corners to give the impression that its product was ready for wide-scale use by patients.
    <snip>
    Theranos told investors that its proprietary machines could run over 200 tests with tiny amounts of blood. But Ms. Cheung explained to jurors that Theranos could never handle more than 12 types of blood tests on its proprietary Edison machine, and instead ran most tests on third-party machines, including some that it modified to work with smaller blood samples. "The machine wasn’t built to be able to do the processing on that small of a volume," she said of the commercial analyzers. Ms. Cheung’s work involved validating tests that Theranos ran on the Edison device, she said. Such tests required lots of sample blood, which she said they sometimes got by paying employees, including herself, to donate. more at link: Elizabeth Holmes trial: Ex-employee says she was rebuffed in attempt to raise alarms
     
  13. LinasK

    LinasK Verified insider- Mark Dribin case

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    Former Employee Says Theranos Cherry-Picked Results From Faulty Machines
    By Bay City News • Published September 15, 2021 • Updated on September 15, 2021 at 6:45 pm
    A former lab associate continued her testimony Wednesday in the federal criminal trial against Elizabeth Holmes, founder and CEO of the blood testing company Theranos.
    Erika Cheung told the jury that the Theranos "Edison" machines, supposedly able to deliver multiple blood test results based on a fingerprick's worth of blood, "frequently failed" quality control tests.
    The "QC" procedures entailed running a test on a sample with a known concentration of a particular substance -- Vitamin D, for example -- to see if the machines gave back the correct answer.
    But Theranos had a workaround when the QC tests failed. Cheung testified that the company implemented an "Outlier Deletion" system, "picking the best data points to make it appear that the quality" of the results passed muster. <snip>

    At the dinner, Cheung told George Shultz that the Edison tests run as demonstrations -- involving a fingerprick followed by the insertion of a cartridge into an Edison -- were a facade.
    In fact, three or four employees were standing by to remove the cartridge and take it to the downstairs laboratory at Theranos, known as "Normandy," where the tests were quickly run on third-party machines modified by Theranos to handle the small sample.
    More at link: Former Employee Says Theranos Cherry-Picked Results From Faulty Machines
     
  14. UndiscoveredTruth

    UndiscoveredTruth Well-Known Member

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    Dorothy Atkins@doratki·
    1h

    Days after receiving an email from Balwani pressuring her team to work harder, Gangakhedkar quit: “I was very stressed and unhappy and concerned with the way the launch was going. I was not comfortable with the plan that they had in place, and so I made a decision to resign."

    Dorothy Atkins@doratki·
    1h

    Gangakhedkar said she gave Holmes her resignation and told her concerns about the Edison given that they "continued to have issues." Gangakhedkar said Holmes told her Holmes promised to deliver to customers and "she didn’t have much of a choice, but to go ahead with the launch."

    Dorothy Atkins@doratki·
    1h

    Gangakhedkar said Holmes told her that they would use venous blood draws for some tests, but Gangakhedkar said "I felt that it was not the right thing to do." She resigned, and others on her team quit as well.

    Dorothy Atkins@doratki·
    1h

    Gangakhedkar: "It seemed like a huge let down from all the hard work that was collected. It felt that my effort and efforts from my team members going to waste. We’re now launching -- no matter what with the 3.0s -- all in all it was a difficult situation."

    Dorothy Atkins@doratki·
    1h

    Before leaving Theranos, Gangakhedkar admits she took Theranos' internal documents to protect herself. "I was worried about the launch. I was scared that things would not go well," and she would be blamed. Direct wrapped - on cross now.

    Dorothy Atkins@doratki·
    1h

    On cross, Holmes' atty tries to get Gangakhedkar to concede that when she quit, the tests didn't involve patient samples. She says she doesn't recall but the tests weren't CLIA validated when she quit. The atty points out they were validated later, but she says she doesn't know.

    Dorothy Atkins@doratki·
    1h

    Holmes' attorney Lance Wade points out that the GSK study promoted Gangakhedkar's work at Theranos, and "that’s a big deal, isn’t it?" "I think, so yes," she replies.

    Dorothy Atkins@doratki·
    1h

    We're breaking for the day (and week!) Side note: Lance Wade has been the only defense attorney who's examined witnesses so far. He also gave Holmes' opening statement. I assume at some point Kevin Downey, Amy Saharia or other defense attys will step in, but hasn't happened yet.
     
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  15. LinasK

    LinasK Verified insider- Mark Dribin case

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    Using venous blood isn't an improvement over finger sticks/fear of needles, nor does it require less blood to be drawn.
     
  16. Niner

    Niner Long time Websleuther

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    for Balwani & additional date for Holmes:

    Thursday, Sep 30 2021

    11:30AM

    5:18-cr-00258-EJD - USA v. Elizabeth Holmes
    Motion to Unseal Document

    5:18-cr-00258-EJD-2 - USA v. Ramesh "Sunny" Balwani
    AUSA: Jeffrey Schenk / DEF: Jeffrey Coopersmith
    Media Coalition Motion to Unseal Document

    link: CALENDAR
     
  17. UndiscoveredTruth

    UndiscoveredTruth Well-Known Member

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    Dorothy Atkins@doratki·
    Sep 20

    Elizabeth Holmes' criminal fraud trial is on a break until Tuesday, but here's my recap of Friday's testimony in which an ex-manager blamed Holmes for rushing Theranos' Edison launch to fulfill its deal w/ Walgreens.

    [​IMG]
    Holmes Rushed Device Testing For Walgreens Deal, Jury Told - Law360

    Dorothy Atkins@doratki·
    Sep 20

    Elizabeth Holmes wants to force
    @FortuneMagazine's
    @rparloff
    to hand over his notes for her criminal fraud trial. He's objected, arguing he is protected under reporter’s privilege NY, Calif and federal laws. A hearing is set for Oct.

    [​IMG]


    [​IMG]
     
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  18. UndiscoveredTruth

    UndiscoveredTruth Well-Known Member

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  19. Niner

    Niner Long time Websleuther

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    Tuesday, Sept. 21st:
    *Trial continues (Day 5) (@ 9am PT) - CA – for *Elizabeth A. Holmes (34/now 37) (CEO of Theranos) charged (March, 2018) & indicted (6/14/18) & arraigned (6/15/18) with 9 counts of wire fraud & 2 counts of conspiracy to commit wire fraud and charged & indicted (4/11/20) with fraud relating to a patient's blood test. Another count of wire fraud was added in 2020, bringing the total number of felony charges to 12. Plead not guilty. No bond. Faces a maximum sentence of 20 years in prison & up to $2.75 million in fines, plus restitution, & $250K for each individual count of wire fraud & conspiracy.
    Defrauding investors out of $700 million in funding for their blood-testing startup Theranos.
    Trial began on 8/31/21 with jury selection. 12 jurors of 7 men & 5 women (6 Caucasians, 4 Hispanics & 2 Asians) with five alternates (2 men & 3 women). Juror #7 excused & replaced with alternate #1. Now jurors are 8 men & 4 women. Alternates 1 man & 3 women.
    Trial began on 9/8/21.
    The Court trial days will be Tuesday, Wednesday & Friday, possibly other half days. The Court may modify the trial time & set either 8:30am-2pm or 9am-2pm & possibly 30-minute breaks in between. Judge Edward J. Davila presiding. Jury selection on 8/31 & 9/1, trial dates 9/21, 9/22, 9/24, 9/28, 9/29, 10/1, 10/5, 10/6, 10/8, 10/12, 10/13, 10/15, 10/19, 10/20, 10/22. 10/26, 10/27, 10/29, 11/2 so far. Motions hearing on 9/30.

    Indictment & court info from 4/11/20 thru 8/26/21 & jury selection (Day 1-3) 8/31/21 to 9/2/21 & trial (Day 1-3) 9/8/21 to 9/15/21 reference post #525 here:
    CA - Elizabeth Holmes (Theranos) Wire Fraud

    9/17/21 Friday, Trial Day 4: Government witnesses: Erika Cheung is a former Theranos lab associate who worked Oct. 2013-April 2014 & resigned b/c she didn't feel comfortable processing patient samples with Theranos' tech resumes stand. Ex-Theranos team manager Surekha Gangakhedkar.
    See posts #528, 529 & 534 for more info here:
    CA - Elizabeth Holmes (Theranos) Wire Fraud
    Back in court Tuesday, 9/21/21.

    *Ramesh “Sunny” Balwani (53/now 56) (CFO & President of Theranos) – Motion hearing on 9/30/21 & trial set to begin on 1/11/22 with jury selection & trial starts on 1/18/22.
     
  20. UndiscoveredTruth

    UndiscoveredTruth Well-Known Member

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    Dorothy Atkins@doratki·
    4h

    Good morning from San Jose! It’s 7 a.m. and I’m outside waiting for day 5 of US v. Elizabeth Holmes. There’s barely a line to get into the courthouse this morning - all press - and yet some folks still seem to insist on skipping to the front.
    [​IMG]

    Dorothy Atkins@doratki·
    2h

    Yeah, correction, the 447-pages worth of texts at issue are b/w Balwani and Holmes. Not Offen. (Off to a great start this morning!) The jury is back in the courtroom and Gangakhedkar is heading back to the stand.

    Dorothy Atkins@doratki·
    2h

    Holmes' counsel Lance Wade kicks off Gangakhedkar's cross examination, asking her about ex-Theranos chief scientist Ian Gibbons, who committed suicide in 2013 (which hasn't been mentioned during trial yet). She says she looked up to him and they worked together on assay tests.

    Dorothy Atkins@doratki·
    1h

    Wade turns to a series of docs Gangakhedkar signed attesting to Theranos' quality assurance & federal compliance related to a 2011 validation report given to Celgene. He also gets her to acknowledge that Theranos' policy removed a max of 2 outliers for 'the combined 3 core runs.'

    Dorothy Atkins@doratki·
    1h

    (The point about the 2 outlier data removal policy seems to be countering Erika Cheung's testimony last week that Theranos didn't have a standard protocol for deleting the outlier data, which Cheung said amounted to "cherry picking.")

    Dorothy Atkins@doratki·
    1h

    Wade gets Gangakhedkar to acknowledge there are 100s of assays and Theranos was focused on developing assays for the most commonly ordered. Gangakhedkar wrote Holmes in March 2011 five assays - including fertility assays - were complete and in Aug 2011, 11 assays were complete.

    Dorothy Atkins@doratki·
    1h

    In June 2012, Gangakhedkar wrote 40 Theranos assays were complete and 18 were in development, and in June 2013, she wrote 93 were complete. She says her assay validation work was a step before sending assays to Theranos' CLIA lab to determine if they can be used w/ patients.

    Dorothy Atkins@doratki·
    1h

    Holmes' counsel Lance Wade points out the amount of work put in to each assay validation report.

    Wade: It's a tremendous volume of work, is not?

    Gangakhedkar: It is.

    Wade: Did you feel proud of your team and all the work they did to accomplish this?

    Gangakhedkar: I think so.

    Dorothy Atkins@doratki·
    1h

    Holmes' attorney points to a November 2011 email Elizabeth Holmes sent to Gangakhedkar and others asking for updates on the completed assays, because she was meeting with Department of Defense officials.

    Dorothy Atkins@doratki·
    58m

    Holmes' attorney notes that Gangakhedkar responded that Theranos' Vitamin D assays weren't ready, and Holmes left it at that and never asked for the vitamin D assay info to give to the DoD.

    Dorothy Atkins@doratki·
    57m

    Wade gets Gangakhedkar to acknowledge that despite Theranos' assay development plans, there would occasionally be setbacks and that's to be expected in R&D.

    Wade: In research and development, you have to fail before you succeed?

    Gangakhedkar: Yes.

    Dorothy Atkins@doratki·
    41m

    Wade has been showing Gangakhedkar pages from Theranos' validation plans for assays on Theranos devices. She acknowledges that the plan's standards came out of federal regulations, which she agrees she was generally familiar with at the time.

    Dorothy Atkins@doratki·
    35m

    Slow-going testimony. Wade is asking Gangakhedkar to explain what various terms in Theranos' validation plan - including "calibration" and "accuracy" - mean.

    Dorothy Atkins@doratki·
    32m

    Gangakhedkar acknowledges that Theranos' master validation plan and CLIA regulations say it's the responsibility of Theranos' lab director to ensure that the company's assays are validated.

    Dorothy Atkins@doratki·
    22m

    And we're taking a break - we'll be back in 45 minutes.
     
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