Elizabeth Holmes is pushing to get the Theranos fraud case thrown out
, pointing to two specific instances cited by the prosecution involving an HIV test and two pregnancy tests.
"All tests have error rates [...] The government should not be permitted to try a case with anecdotes when incorrect blood tests are a fact of life," she said. US government prosecutor John Bostick replied that the defence has had plenty of time to clarify the meaning of the indictment. "The defense has been litigating this case for 20 months now. If they truly didn't understand the nature of the allegations they would have raised this issue earlier," he said.
Bostick also said Theranos' claim that it had obtained approval from the Food and Drug Administration was a ploy to reassure patients of its technology's accuracy,US District Judge Edward Davila is currently weighing the defence's request to dismiss, and asked both sides about the "implicit misrepresentations" Theranos allegedly made.
The trial of Holmes and Balwani is due to start in August 2020, and if found guilty the pair could each face 20 years in prison.
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