Just days in and the trial of Theranos founder Elizabeth Holmes was again put on hold after a months-long delay, initially brought on by the global health pandemic and then the accused fraudster’s pregnancy.
U.S. District Judge Edward Davila in an emergency Zoom hearing canceled Friday’s court proceedings after a juror disclosed that he could be infected with COVID-19.
In an email, juror #9 revealed to the judge that he was likely exposed to the fast-spreading disease over the holiday weekend but that he is not experiencing any symptoms, according to CNBC. He noted that his over counter-the-counter test came back negative and that he was slated to undergo a lab test this weekend.
“It’s a little, I don’t want to say ominous, but it’s of concern that before we finish the first witness we have an issue,” Davila said. “For our sake, around the county there are still high numbers and we hope everybody continues to be safe.”
The government however pushed back on the decision, expressing concern about further delaying the trial given the number of witnesses they intend to call. About 200 people, including those who received inaccurate test results from Theranos — some of them relating to conditions such as HIV, cancer and miscarriages — are slated to take the stand over the course of what is expected to be a three-month trial.
“I think at the stage we’re in it would be safe to proceed with trial tomorrow but I understand that the court might determine especially in the beginning to be a little bit safer, to be extra careful,” U.S. Assistant Attorney, Jeff Schenk said, adding that the juror in question is vaccinated.
“I think we have a little bit of concern about just the total number of witnesses that we want to call over the next several months in this trial,” he continued. “But I cannot tell the court that one day tomorrow really is what makes the difference. That’s not the challenge.”
Holmes is facing a dozen felony fraud charges over her failed Silicon-Valley start-up. She was indicted alongside former Theranos Chief Operating Officer, Ramesh “Sunny” Balwani, in 2018 for defrauding investors, doctors and patients by falsely claiming her company could distribute a wide range of tests with a single prick of the finger.
Holmes was temporarily praised as the youngest self-made billionaire before a series of damning articles published by the Wall Street Journal in 2015 brought scrutiny on her company, once valued at $9 billion. The company dissolved in in 2018, and Holmes later that year settled with the Securities and Exchange Commission to pay $500,000 without admitting or denying the charges.
Her trial kicked off on Wednesday, with preventative measures, like plexi glass and partitions, set up in the courtroom. The legal proceedings were initially paused earlier this year as COVID spread across the United States, and then again in March after Holmes became unexpectedly pregnant.
She welcomed a son in July with her partner Billy Evans.
