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> “In February 2020, Holmes's defense requested a federal court to drop all charges against her and her co-defendant Balwani. A federal judge examined the charg
by schoen 5y ago
> “In February 2020, Holmes's defense requested a federal court to drop all charges against her and her co-defendant Balwani. A federal judge examined the charges and ruled that some charges should be dropped: since the Theranos blood tests were paid for by medical insurance companies, the patients were not deprived of any money or property. Prosecutors would hence not be allowed to argue that doctors and patients were fraud victims. However, the judge kept the 11 charges of wire fraud”
I don't know anything about that ruling except what you've quoted from Wikipedia, but didn't many of the patients have to make coinsurance payments for these tests? I just paid a medical bill today with a coinsurance component, and so both I and my insurance carrier have now paid for those medical services.
I also wonder about whether getting people to have a fraudulent medical test (which might cause some amount of pain or anxiety, especially for people who are afraid of needles) could have been a cognizable harm even if they didn't have to pay money to undergo it. But I realize that the law will often distinguish between suffering and losses of tangible property for many purposes.
- detaro 5y ago> I also wonder about whether getting people to have a fraudulent medical test (which might cause some amount of pain or anxiety, especially for people who are afraid of needles) could have been a cognizable harm If I remember right one of the witnesses was a woman who got a false-positive HIV test result, so they probably went for that angle.