Adam Rosendorff, a former lab director for Theranos Inc., who gave testimony against Elizabeth Holmes during her criminal fraud trial, has filed a lawsuit against Walt Disney Co., 20th Century Studios, Hulu, and other producers of The Dropout. A mini-series based on true events, The Dropout starred Amanda Seyfried as Holmes, the founder of the blood-testing startup, chronicling her rise and fall at the company. The show premiered on Hulu in March 2022 and here’s how you can watch it on Hulu outside the US.
Rosendorff alleges that the series has caused significant damage to his reputation and standing as a physician. He claims that one of the characters in the show, which portrays the collapse of the blood-testing startup, is based on him and portrays him engaging in unethical conduct.
As per the complaint lodged in New York state court on Thursday, the character Mark Roessler is depicted as “directing other employees to destroy testing results damaging to Theranos, to falsify other records, and to engage in other unethical conduct unworthy of a physician.” The complaint also alleges that the character is portrayed as someone who covered up the fraudulent scheme of Theranos, thereby putting patients’ lives at risk, and as someone who is “otherwise unfit to practice medicine.”
Rosendorff played a critical yet controversial role as a witness for the government in the trial against Holmes, who is set to serve time in prison starting next month. As a former lab director, Rosendorff provided first-hand insider information that contributed to Holmes’ conviction. Following the trial, Rosendorff made an uncommon attempt to visit Holmes at her home, which her lawyers tried to use to challenge the jury’s decision, but to no avail. Additionally, Rosendorff served as the primary source for Bad Blood, the bestselling book about Elizabeth’s time at Theranos.
Rosendorff’s lawsuit is one of many recent defamation cases brought against Hollywood producers over their portrayals of real-life crime and non-fiction series. Netflix, in particular, has faced at least six such lawsuits, including cases related to Inventing Anna and Queen’s Gambit. While some of these cases were dismissed, others were dropped by the plaintiffs.
As per the lawsuit filed by Rosendorff, he claims that people who are familiar with him and media reports have identified the character of Roessler in the show as being based on him. According to the lawsuit, the show’s producers were aware or should have been aware that Rosendorff was a “heroic whistle-blower, a witness who was instrumental in the jury’s verdict convicting Holmes” during the actual trial. The lawsuit goes on to allege that Rosendorff has now been inaccurately portrayed in the show as a perjurer and a criminal.
Despite numerous media outlets reaching out for comment, representatives for Disney and Hulu have yet to provide a statement regarding the lawsuit. It is pertinent to mention here that Disney owns 67% of Hulu, while Comcast Corp’s NBCUniversal owns 33%.
Richard Altman, a lawyer for Rosendorff, said neither he nor his client would have additional comment. The case is Rosendorff v Hulu LLC et al, New York State Supreme Court, New York County, No. 152734/2023.
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In a different development in the case last week, Elizabeth Holmes appeared in court in San Jose, California, for what was likely her final appearance before the judge who presided over her four-month trial in 2021. Currently, Holmes is attempting to delay her sentence while she appeals against her conviction. Prosecutors have opposed the delay, citing Holmes as a flight risk.
Holmes, who is 39 and now a mother of two young children, was found guilty in January 2022 of defrauding investors in Theranos, which was once valued at $9 billion. She was later sentenced to 11 and a quarter years in prison.
