The government rested its fraud case against former Theranos CEO Elizabeth Holmes on Friday, and her lawyers swiftly moved to undercut parts of the prosecution’s case.
One of the 12 fraud counts was immediately dismissed, the result of an earlier error by prosecutors. The defense had previously asked the government to submit a list of the specific Theranos diagnostic tests for which the patient witnesses allege they received mistaken results.
Holmes’ defense team also argued that the testimony of Theranos patient Erin Tompkins, who said she received a test incorrectly indicating she was HIV-positive, should be struck as prosecutors did not call her doctor to testify. “Ms. Holmes respectfully moves for a motion for acquittal,” defense attorney Amy Mason Saharia told the judge. The evidence provided is “insufficient for every element on every count,” she said.
Witnesses testified that Holmes represented that the company’s devices were being used by the military on medical evacuation helicopters in live battlefield operations. This was never the case, former Defense Secretary Jim Mattis, who was a former Theranos board member, testified during the trial. In 2004, Holmes dropped out of Stanford University at 19 to pursue an idea to invent a microfluidic blood diagnostics system that could quickly perform a multitude of tests on just a finger-prick of blood, instead of the standard venous draws used by commercial labs. After securing investments and media accolades, she became the world’s youngest female self-made billionaire and her company was valued at over $9 billion.
The results led one pregnant patient to believe that she was going to miscarry. An Arizona man, identified as R.C. in a class-action lawsuit, alleged that faulty Theranos sugar and lipid test results had led his doctors to not alter his medication regimen, which he claimed led to his heart attack.
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