© Reuters. FILE PHOTO: Theranos founder Elizabeth Holmes arrives to attend her fraud trial in federal court in San Jose, California, U.S., December 16, 2021. REUTERS/Peter DaSilva/File Photo
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By Jonathan Stempel
NEW YORK (Reuters) – A key prosecution witness whose testimony helped convict Theranos founder Elizabeth Holmes of fraud has sued Walt. Disney (NYSE:) Co on Thursday about a recent Hulu miniseries that he says smeared him by portraying him as corrupt.
Adam Rosendorff, the former head of Theranos lab, objected in a New York state court filing to a fictional character holding the same job in “The Dropout,” starring Amanda Seyfried as Holmes, which recounts his rise and fall in the setting blood test underway. .
Rosendorff said the character, Mark Roessler, covered up Theranos fraud by ordering the destruction of harmful lab results, falsifying records, and engaging in other dishonest and unethical conduct.
According to Rosendorff, the interpretation has had a “devastating effect” on his reputation and career as a doctor because the media and even his acquaintances have concluded that Roessler was based on it.
“At the time of the trial, (Rosendorff) was considered a heroic whistleblower, a witness who was instrumental in the jury’s verdict that convicted Holmes,” the document says. “He Now he has been falsely portrayed as a perjurer, a criminal and utterly incapable of his profession.”
“The Dropout” made its debut last March.
Neither Disney nor Hulu immediately responded to requests for comment. Disney owns 67% of Hulu, while Comcast Corp’s (NASDAQ:) NBCUniversal owns 33%.
Richard Altman, Rosendorff’s attorney, said neither he nor his client would comment further.
Holmes, 39, was convicted in January 2022 and later sentenced to 11 1/4 years in prison for defrauding investors in Theranos, once valued at $9 billion.
Now the mother of two young children, Holmes is trying to delay her sentencing while she appeals her conviction. Prosecutors have opposed a delay, calling Holmes a flight risk.
The case is Rosendorff v Hulu LLC et al, Supreme Court of the State of New York, County of New York, No. 152734/2023.
