No, you are lying. There was no evaluation for efficacy and a court case discussed that and eliminated it as a possibility in the dismissal of a case based upon your theory. There was no efficacy or futility determination. There was an evaluation of safety.
Rather, some of us believe the theory therefore that makes sense, since there was no determination of efficacy or inefficacy, or futility, and because the original issue was spotted because of a posting on the German site, that the Germans rather, after their experiences in WWII and human experimentation have far less tolerance for unnecessarily allowing patients to die, for the sake of an experiment, including placebo patients, and by that time, not necessarily due to a finding of efficacy or futility, it became patently obvious that placebo patients were being subjected to a substantially lesser level of care, for the sake of experimentation.
Hence the safety issue was placebo patients not getting access to the drug, especially early, when it would make a difference. The patients knew it, could see it, and so could any regulator paying attention.
But anyone can read the ruling of the judge to confirm that there was no futility determination. You know it, you just hope people have forgotten already why that was so.