Silent Epidemic by Jill Province - HTML preview

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Chapter 23

 

Donovan’s office was a ghost town.  His regular patients had seen the article and didn’t want to be anywhere near an ongoing investigation.  All the Dominex patients had stopped coming as well.  The doctor had attempted to contact the drug company and had left numerous messages.  No one was taking or returning his calls.  He should have known that at the first sign of real trouble they would hang him out to dry.  There was no such thing as loyalty with that much money on the line.

Donovan attempted to contact Jeff one last time.  

“Look," he yelled into the phone at Jeff’s secretary, “the man has been in a meeting for three solid days.  I want to know what is going on!"  

The secretary offered the standard options, stating that she would be sure he got the message.  Donovan doubted he would.  And after three days of no contact and no patients, he was pretty sure he had already gotten their message.  He was now on his own.  What had started out as a great money-making proposition had resulted in not only the loss of that opportunity, but his own practice was now suffering as well.

He had no patients waiting and saw no reason not to close the office early.  He went out to where his staff was assembled and announced that they could all go home.  “I guess it’s just a slow week," he offered lamely as he walked off to his office.  The staff waited for him to close his door before asking each other if they still had jobs. 

“I don’t know about you," the nursing assistant said, “but I think I’ll update my resume." 

“I guess we all should," the receptionist agreed. 

Wednesday morning the newspaper was served with notification of the lawsuit filed by Dominex Pharmaceuticals.  Attorney Wendy Cox sat impatiently drumming her fingers on her desk top while waiting for Paul Pratt to come to the phone.  Typical attorney tactic.  Make the guy wait on the phone for an unreasonably long time, thereby creating the illusion of busy, powerful lawyer. 

Pratt finally graced the AJC attorney after ten minutes.  “Wendy," he began cordially.  “It’s been a long time.”  Wendy Cox had had the pleasure of a prior head-to-head with Pratt on a previous case when Pratt had represented a sleazy brokerage firm.  The paper had printed a story about their unfortunate tendency towards insider trading practices and subsequent client rip-off scams.  Wendy did not like Pratt, if for no other reason than his choice of clients.  Cox still preferred the old fashioned idea of doing the job in a manner that would lend itself to being able to sleep at night.  She also believed that Pratt had probably not lost a minute’s sleep since he had passed the bar.  That made him a two-time loser in her book.

Wendy did not feel like doing the traditional attorney small talk routine and went straight to the purpose of her call.  “Paul, we got your summons to appear in court next week.  What does Dominex want to make this go away?"  

Paul could not help but smile to himself.  Most people hated the whole idea of lawsuits, and would do anything to avoid them.  He personally loved the chase.  It was an adrenaline rush like no other. 

“We want a full retraction of that bogus story," Pratt began, “and a formal apology from the AJC.” 

“Anything else?" Wendy threw in sarcastically. 

“Front page would be a nice touch," Pratt added.  “It would convey your sincerity."

Wendy just shook her head at the attorney’s arrogance.  “Not only is that not going to happen," Cox countered, “but I think the paper has enough evidence to write a follow-up story." 

“Then I guess I’ll see in you court," Pratt said happily.  

Wendy wanted to tell the guy to drop dead, but remembered how much Pratt liked adversity. “I’m looking forward to it," she said instead and hung up.

This was not going well.  None of the three solid sources that had come forward had actually signed the affidavits.  She had been assured prior to approving the story that it was a done deal.  Now, she couldn’t even get the first one to answer her calls.  She could only imagine that Pratt had gotten to them first. 

In her prior dealing with the attorney, numerous victims of the brokerage firm had suddenly found themselves rich and had also developed similar cases of amnesia.  In this case, there were only three people to support the story they’d printed.  They needed at least two to come forward.

Cox attempted to contact Steve Warner one more time.  His wife had been acting as goalie each time she’d tried to get through.  This time she got lucky.  The call was answered by a male.  “Mr. Warner?" she questioned.  She could hear the guy trying to come up with a denial. 

“Yes?" the man answered finally. 

“This is Wendy Cox from the AJC.  I wanted to come by with that affidavit for you to sign.  What would be a good time?"  There was too long of a pause and Wendy began to shake her head in disgust. 

“Well, I’ve been thinking about that," Steve said.  “And the truth is, that we aren’t really sure what happened to my sister.  She had always been a loner and a moody person.  We were all so distraught when she killed herself we may have overreacted.  You know how that is," the man stammered awkwardly, “we had to blame it on someone."

“You don’t think the abundant amount of drugs that Donovan gave her had anything to do with her suicide?" Cox asked incredulously. 

“Well, it didn’t help," the man laughed nervously, “but we think there was probably more to the whole story.” 

“And what about the drug company?" the attorney continued.  “Your sister didn’t start abusing her medication until they had her stop taking it abruptly." 

“That was an unfortunate catalyst," the man reasoned, “but her addiction was probably inevitable."    The attorney knew a pay-off when she heard one and this was a textbook performance. 

“Mr. Warner," she began carefully, “did Dominex Pharmaceuticals offer you any compensation to change your story?" 

“No," the man denied loudly, “and I resent the implication." 

“You were certain of your facts prior to coming to us," the attorney prodded, “and now you are telling me that you may have overreacted?"   

“That’s exactly what I am saying."  

“Are you aware of the laws governing individuals who provide false information to newspapers?" the attorney asked, threateningly. 

“It wasn’t intentional fraud," the man stated too eloquently.  “I gave you an honest view of the situation at that time.  Time has passed and my view has changed." 

“I see," Cox said.  “Well, if time should clarify your story any further, you be sure to give us a call." 

“I’ll do that," the man said angrily, and hung up with a bang.

Cox was furious.  They should have gotten those stupid affidavits signed before they printed the story.  Reporters and editors are not logical creatures.  They’d been too emotional and too excited to listen to reason.  They had printed that story based on verbal agreements.  That and a dime get you nothing, she thought. Steve Warner had been a solid cornerstone of that story.  Now she only had Carol Freeman and Brian Carter’s testimonies.  That was, unless Pratt had gotten to them, too.

She picked up the phone to contact Brian Carter.  She was going to get to the bottom of this right now.  The phone rang ten times before Wendy gave up.  The guy is on a leave of absence for an illness and isn’t even at home.  Where the hell is he?

Brian and Pam Carter sat in a Denny’s booth opposite Carol and Josh Freeman.  This was getting to be a regular meeting place.  The group had decided to meet after Carol’s encounter with Dominex’s attorney and subsequent decision.  Brian and Carol would receive compensation and Brian would maintain his standing with the AJC.

“So, this is what I propose," Carol began after the waitress had taken their orders.  “I will collect two hundred thousand dollars in exchange for my silence.  Brian will continue to back up his story and, hopefully, that will be enough to support the paper’s position.  Then once this whole mess blows over, Brian and I will split the money." 

“Not bad," Brian agreed.  Pam eyed Carol suspiciously. 

“How can we be sure that you’ll give half to Brian?" she asked finally. 

“Because she said she will," Brian shot back.  Pam became silent, but continued to look at Carol for signs of dishonesty.

“The settlement money isn’t the only issue," Josh threw in.  “We couldn’t continue to trade in Dominex’s stock and also be involved in an investigation against them." 

“That was a nice trade off," Carol agreed, “but when I came up with this plan I wasn’t thinking about any trading rules violations.” 

“I would have told you about it later," Josh added.  “At the time though, I couldn’t believe you would sell out your fellow victims for two hundred thousand dollars.” 

“Not without an alternate plan," Carol interjected.

“I have to come forward," Brian added.  “The paper won’t understand if I don’t.  Beside the fact that I work for them, I also played a big part in getting the story off the ground.” 

“Yeah," Carol agreed, “that’s what I thought, too.  This way, you get the compensation you deserve and the paper gets their story." 

“It’s a perfect plan," Brian said, “as long as I can carry enough weight for both of us." 

“Let’s hope so," Carol added, “because under the circumstances it’s the best we can do."

The waitress returned with their food and everyone toasted the plan with their water glasses.  “Here’s to the truth and a whole lot of money," Josh stated. 

“Here, here," Brian agreed.  Pam ate in silence.  Carol wondered what she was thinking.  She didn’t inspire a whole lot of trust.

Michelle Roman dialed the number to her attorney’s office.  He needed to be informed of a new contact number.  He would also probably want an update.  And despite all the good reasons she had to admit that she mostly just wanted to talk to him again. 

 She waited while the receptionist transferred the call.  “Did you survive the first encounter?" he began. 

“Barely," she laughed.  “The plan didn’t exactly go accordingly."  Mark Randall waited for an explanation.  “He refused to leave," she explained, finally. 

“Did that surprise you?" the attorney laughed. 

“Actually, it did," she admitted.  “I’d always thought that he would rather be somewhere else." 

“Yes, but only when it’s his idea.  You’re dealing with the male ego." 

“Ah," Michelle said. “I forgot about that."

“So, did you camp out with the enemy?"  

“No," she sighed.  “I really didn’t want to leave my house, but staying there with him…” Michelle just shuddered instead of finishing the distasteful thought. 

“Good," Mark said, happily.  “So, where can I reach you?"  

Michelle gave him Peggy’s phone number.  She could not help but notice that he had sounded positively joyous at the idea that she had moved out. 

“Remember yesterday, when I told you I didn’t want anything from this divorce except the house?" she added. 

“Sure."

“Well, forget it."  

“I pretty much did that right after you said it," the attorney informed her.   

 “I guess you’ve done a few of these before," Michelle laughed.

“Most people are still wrapped up in the past when they first come to see me," he explained.  “But once the process begins, people show their true colors and they usually aren’t very pretty." 

“Boy, you got that right."  

“I knew that once your husband had been informed of your intensions the gloves would come off." 

“They did," she said.  “So, is there anything you need in the way of evidence?" 

“Do you still have the credit card bills with the local hotel charges?"

“Yeah, a few."  

“Why don’t we meet for lunch, and you can give them to me?" he offered.

“Okay," she agreed feeling herself turning red. 

“Great."  

Michelle heard him identify a place and time, and then she heard herself agree to meet him.  When she hung up the phone her heart was racing.  This is not normal.  I am thirty-six years old and I am acting like a teenager.  She had not forgotten the small issue of a wedding ring, but for some unknown reason she’d elected to file it into the archives.

Wendy Cox did not have to hunt Brian down.  At 10:30 AM, he was standing in the attorney’s doorway.  “How’s it going?" Brian greeted.   

“We’ve been completely abandoned," Wendy said grimly.  Brian nodded and sat down across from the attorney. 

“Steve Warner is refusing to sign the affidavit or do anything else for that matter."  

“Doesn’t surprise me," Brian said.  “Dominex is offering too much money for any of us to continue being crusaders." 

“That’s what I thought," the attorney confirmed.  “We could get them on attempting to bribe witnesses but under the guise of ‘settlements,’ they are free to conduct negotiations.”

“Warner probably needed the money more than he needed to seek justice," Brian stated. 

“And what about you?" Wendy asked tentatively, 

“I’m still on board, but I’m afraid it’s all you have."  The attorney let out a long frustrated stream of air. 

“Are you telling me that Carol Freeman got bought out too?"

“I wouldn’t exactly call it that," Brian said.  “It’s more like taking the fall for both of us."  The attorney looked at him with a confused expression.

Brian spent the next few minutes explaining the solution they had come up with.  “So this way,” he concluded, “we both get compensated without leaving the paper high and dry." 

“We may be that anyway," the attorney said sadly.  “Without at least two witnesses, we are standing on thin ice."  

Brian thought for a moment. 

“What about Terry Sanders?"  

“What are you planning to do?" Cox laughed. “Conduct a séance?" 

“Very funny," Brian said.  “I thought maybe we could get the family involved." 

“Well, from what I remember,” Wendy interjected, “the man was divorced and the family wasn’t really around him enough to know what was going on."  

“At least that’s what they told the police."

“What are you thinking?" the attorney asked skeptically. 

“The family might be more comfortable talking to a fellow victim," Brian offered.  

Wendy began to nod in agreement. 

“You might be right about that," she said.  “Give it a shot."  

Brian stood and walked to the doorway before the attorney added, “And as long as you’re working for me, you’re on the payroll." 

“What a deal.  Truth, justice, and a paycheck."  

Wendy Cox, Attorney at Law, returned to the mess on her desk.  She had been practicing law for the past fifteen years.  And after all this time, she joked that she was still only practicing.  You never master this art.  There are too many variables and too many twists and turns to ever consider yourself a master at this game.  She had been so committed to mastering the game that she remained single.  The law was her soul mate. 

Wendy was an attractive forty-two year old woman.  She had long brown hair and a flawless face.  Her attractive appearance had been an obstacle in the courtroom.  No one took a beautiful woman seriously.  Wendy had resorted to wearing her hair in a bun and opted for heavy, black-rimmed glasses instead of contacts.  The combination had the desired effect and she looked like a librarian.  This worked to her advantage.  No one ever expected a librarian to be a shark. And Wendy Cox was the deadliest shark in the sea. 

Brian was still very shaky and weak, but his assignment was a welcome diversion.  The drive to Sanders’s ex-wife’s house was not so far outside his comfort zone to evoke the usual pangs of driving phobia.  Brian had contacted the woman earlier and, although she did not sound thrilled about the idea of seeing him, she had agreed to nevertheless.  Brian found the house and pulled into the driveway.  Marlene Sanders was waiting for him in the doorway.

“Thanks for seeing me," he offered breathlessly as he climbed the final few steps to meet her.  The woman was a short redhead with straight, flat hair cut short. Marlene sported a zigzag part in her hair, tucking the lifeless strands behind her ears.  This was the look of the twenty-first century.  Brian did not understand it.  The workout shorts and sport bra indicated that he had postponed her trip to the gym.  She looked as though she spent a lot of time there.

Marlene introduced herself and led Brian into the kitchen.  “Can I get you anything?" she offered. 

“Just some water," Brian said, still out of breath from his short climb.  She filled a glass with ice and water, and placed it at the kitchen table. 

“Have a seat," she said.  

Brian happily complied.  He felt as though his legs were ready to give out on him.  This trip had required more exertion than he had anticipated.  After downing half of the glass’s contents he was able to slow down his breathing.

“I just wanted to tell you first how sorry I am about Terry," Brian offered.  Marlene just nodded.  “I never met him personally, but I have a pretty good idea of what he went through."  

“I don’t know about that," she countered.  “Terry was pretty unique."  

Brian was hoping that the conversation would reveal just how unique he had been. 

“Well, as I told you on the phone, I was also one of the study victims.  In fact, I’m still reaping the consequences."  

Marlene finally made solid eye contact with him and could see how ragged he appeared. 

“Terry tried to tell me what he was going through," she admitted sadly.  “But I was so tired of his whining and complaining, I’m afraid I really didn’t believe him.”  She stood suddenly to get water for herself.  Brian could tell that he had hit a nerve.

Marlene returned with the water and sipped it with a shaky hand.  “I’m sorry," she said. “I guess seeing you in person finally forced me to believe that Terry was telling the truth."  Brian waited while she brushed a few tears off her face.  “The marriage was over a long time ago, but I still cared about him."  

Brian didn’t know what to say at this point.  He wished Carol had been able to come with him, but that would have been a breach of her agreement with Dominex.  What would the counselor have said now?

“You can’t blame yourself for what happened to him," he said finally.  That was a good start. 

“Everyone has been telling me that," Marlene interjected, “but the truth is that if I had listened to him, he might still be here today."  A whole new stream of tears appeared.  Brian waited, feeling helpless.  Marlene wiped away the fresh tears and took a few deep breaths.  “Anyway," she sighed, “what can I do for you now? You said something on the phone about the newspaper needing my help." 

“They do," he began.  “Terry wasn’t the only one who got sick as a result of the research study.  A lot of people began going through horrendous withdrawal when they stopped taking Valipene." 

“I knew that stuff was poison," Marlene agreed.  “Terry’s doctor prescribed it for his depression.  I told him it was a sedative, not an antidepressant.  But Terry said he was finally sleeping at night, so I left him alone. 

“None of us suspected that we had become addicted," Brian continued, “until we volunteered to stop taking it."

“That’s when they funneled everyone off to that doctor…what was his name?" 

“Donovan," Brian interjected. 

“Yeah, Dr. Donovan.  Anyway, that’s when Terry started having really bizarre thoughts." 

“Really?" Brian asked. “Like what?" 

“He started having obsessive thoughts about demons.  He couldn’t get it out of his mind.  No matter who tried to reason with him, he couldn’t let go of the idea that demons were trying to possess him." 

“Did he go back to see the doctor?" 

“After he was taken off the ‘vitamins,’” Marlene said, with air quotes, “he believed that Donovan was the head demon."  She began to laugh to herself.  “He might have been right about that one.  Anyway, to answer your question: no.  He never went back there again." 

Brian sat there trying to absorb the information.  He had not personally experienced such a bizarre withdrawal symptom, but in light of all the anxiety and unfounded fear he was feeling, he could certainly understand how someone could go that far. 

“That must have been hell," he said. 

“He was in constant torment.  The only way he could deal with it, I imagine, was to end his life."  

Brian just sat there shaking his head.  Valipene was such a common and available drug, yet it was destructive enough to destroy people’s lives.  How had the pharmaceutical companies gotten away with this for so long? 

“The Atlanta Journal Constitution printed an explicit article about the research study Dominex is conducting," Brian said. 

“I saw it," Marlene confirmed.  “It cut right to the heart of the whole sedative issue." 

“Yes, it did.  And for that they are currently being sued by Dominex for slander." 

“And that’s where I come in?" she ventured. 

“We hope so.  They have so far managed to pay off two of the strongest witnesses."  Brian did not think it wise to expand on the point of witness payoffs. “Anyway, if the paper doesn’t have at least one more person who was close enough to the study to give accurate details, they may have to retract the whole thing." 

“And the truth about what happened to Terry and everyone else quietly goes away," Marlene concluded.

Brian just nodded.  

Marlene had a complete grasp of the situation.  “Sure,” she said finally.  “I know a lot of others who are on that drug.  Have been for years.  I shudder to think about what will happen to them if they ever decide to stop taking it.” 

“Most of them will never be able to stop," Brian ventured.  “This has been the hardest thing I have ever had to deal with in my life." 

“Well, you’re one of the strong ones.  People like Terry… He just couldn’t get past the fear."  

Brian stood to go and extended his hand to her.  She followed Brian to the door. 

“I think it would be a good idea to keep your testimony a secret for right now," he said when they reached the doorway. 

“Don’t worry.  In light of the divorce, I don’t think Dominex can legitimately offer me a settlement." 

“The operative word is legitimate.  Oh, and for what it’s worth," he added, “Terry was a very brave man in my book.  No one should ever have to experience this."  Marlene nodded her head in agreement.   

“Thanks," she said, “from both of us."

The management team at Dominex was closing in for their final victory.  Daily meetings were conducted to ascertain current issues and problems.  The research study results would be turned in to the FDA in two and a half weeks, and everyone was on alert.  Today’s meeting centered on the attorney’s progress with the newspaper lawsuit. 

“Two and a half of the witnesses are on board," he announced, “but there is a big stipulation attached to one of them." 

“I gotta ask," Sam laughed. “What do you mean when you say a half of a witness?"  

Paul shook his head in frustration. 

“I’ll get to that little tidbit in a second, but right now our biggest problem is Carol Freeman." 

“What does she want?" Charles asked. 

“She wants two hundred thousand dollars and she wants it now," Paul announced. 

“Did you explain our financial dilemma to her?" Sam asked, becoming annoyed at the situation. 

“Sure, but she told me she didn’t have a lot of faith in the outcome of this study and regardless of whether or not we get Suprame on the market she will still be disabled.” 

“Smart girl," Margie whispered to herself.  No one heard her.

“That’s not an option,” Charles stated angrily. 

“She could cost us a lot more than two hundred thousand dollars in damages," Paul reminded him. 

“Then we may as well give her the company," Charles yelled, “because that’s about all we have left in reserve."  Everyone looked at the CEO in surprise.  He had been looking rough lately, but this was extreme, even for him. 

Sam had been made aware of Charles’s pending divorce and was also tuned in to the financial implication.  The CEO feared that his wife was going to walk away with everything that wasn’t nailed down.  He made a mental note to have the CEO meet with Pratt after the morning meeting.  At the moment, he needed to resolve the Carol Freeman issue.  “Charles," he began, “we can pay off this witness with plenty left in reserve."  

Charles looked around the room and noticed the way everyone was looking at him. 

“Bad night," he explained sheepishly. 

“What if the rest of the payees demand the same thing?" Jeff threw in.   

“We will make it a point in the agreement," Paul interjected.  “Acceptance of the settlement will imply complete confidentiality." 

“Sounds like you already planned to recommend this," Sam said. 

“We really have no choice," the attorney explained. 

“Then if we are all agreed," Sam said, pausing for feedback.  Everyone nodded, including a very reluctant CEO.  “Make the deal," he concluded to Paul.

“Now, please define a half witness?" Sam asked. 

“It seems we have a split decision at the Brian Carter residence.  The primary witness works for the AJC and he isn’t budging." 

“So that’s it then, isn’t it?" Jeff asked.  

Paul began to laugh at the absurdity of the situation. 

“Seems that Mrs. Carter is willing to come forward as a witness to the witness." 

“Huh?" Sam said. 

“She contacted me this morning," the attorney continued. “She said she could verify Carter’s story but would refrain from doing so if we made the same agreement with her…confidentially." 

“She wants the same settlement - not to collaborate her husband’s story?" Sam asked incredulously.  “Next thing we know we’ll be paying off the neighbors to keep quiet." 

“Yes, I found the whole thing quite humorous," Pratt agreed, “except this clever woman came up with an additional offer." 

“I can’t wait to hear this," Jeff interjected. 

“She’s willing to testify that her husband is a hypochondriac, and that he had complained of similar issues before he ever got involved with us.”

“Similar issues?" Sam repeated. “How could there have been passed similar issues?" 

“Oh, the standard aches and pains," Paul explained.  “Doctors repeatedly screwing him up… That sort of thing." 

“How can her testimony be confidential?" Margie questioned. 

“It’s part of her demand," Paul said.  “She will only come forward if we promise to conduct her deposition – and testimony, if it comes to that – in complete secrecy." 

“But isn’t the list of witnesses public record?" Sam questioned. 

Judge’s discretion.  We might only be able to use her affidavit as leverage.  Once it goes further than that, we might not be able to protect her anonymity.”

“What kind of person testifies that her husband is nuts?" Margie blurted out, no longer able to contain her thoughts. 

“This one would," Paul stated.  “If you had been there to see how her eyes lit up when I mentioned the money, you’d understand the motive.”

“Okay," Sam said, trying to regain some focus.  “We are not going to pay one hundred thousand dollars for this, but see if she’ll go for a smaller settlement in increments… Say, ten thousand for her affidavit, and fifteen thousand each for her deposition and testimony." 

“That would make sense," Paul agreed.  “We won’t know how the judge will rule on her anonymity until we reach those points in the process." 

“How’s the phone contact going with the volunteers?" Sam directed to Margie. 

“It took most of the past few days to channel all of them back to Pharmlab," she stated, “but of the ones I’ve contacted so far, we have been able to get by with minimal payoffs."  

“Good," Sam agreed.  “Let’s try to keep it that way.  We obviously have some very expensive witnesses.  Anyone else have a fire?" he questioned, looking around the room.  No one spoke up.  “Okay then, were adjourned."

Michelle Roman was a nervous wreck.  She hadn’t been on a date in over fifteen years and besides, this wasn’t a date.  She had to keep reminding herself of