It was nine in the morning on a rainy Monday, and the Honorable Judge Grover was presiding over the AJC/ Dominex arbitration. Both parties had agreed to an informal hearing, confident that it would result in a speedy conclusion for their own side. Both were satisfied in Judge Grover for the proceedings. Wendell Grover was known to be a fair judge, but a stickler for details. The Judge was a bench veteran. He had sat on this very bench for the past thirty years. This was his courtroom and no one ever questioned his authority. At seventy-two years old, he was a trim and muscular six foot two inches. His steel blue eyes were clear and focused. The gray at his temples was mirrored by the gray streaks in his thick brown hair. He was as spry as his forty year old tennis partners, and no one ever tried to put one over on the old man.
Paul Pratt had already had numerous dealings with him in the past, which had resulted in tense confrontation. This had been primarily due to his propensity for illusion. The judge had not been impressed with his “rabbit out of the hat” tricks. Wendy Cox was counting on the reputation of Judge Grover. As far as she was concerned, this whole case was just one more hat trick.
Both attorneys sat in the Judge’s chambers while Pratt argued for his motion to suppress a witness’s identity. The judge looked at him with an amused expression. “And the purpose for this person’s anonymity still alludes me counselor."
Pratt had to think fast. The reason was as good as an announcement of Pam Carter’s identity.
“Your Honor, this person is related to the witness. Forcing them to come forward publicly could potentially destroy a family.”
“That would be unfortunate," Grover agreed, “but this case is the result of some very deliberate acts. I have no choice but to deny your motion.”
“But your Honor," Pratt interjected.
“The family issue should have been considered long before this case was brought to me and the tax payers," the judge said with finality. “If this witness has pertinent information, we will hear it publicly." Pratt knew the discussion was over. Cox gave herself an imaginary high five.
“Now are there any other motions before we begin?" Both attorneys mumbled,
“No, your Honor”
“Good. Then I will hear from the plaintiff."
Paul Pratt reluctantly began his initial presentation.
“Your Honor, we intend to show that the article appearing in the Atlanta Journal Constitution on Sunday, May the fourth, was without basis and therefore libelous." The Judge nodded for Pratt to proceed. “The article made very specific statements regarding the research that’s being conducted by Dominex Pharmaceuticals."
“I have read the article," Grover stated. “What statements are you contesting?"
“The paper stated that Dominex purposefully altered the study by re-introducing the medication to its volunteers under the guise of vitamins."
“Are you telling me that it didn‘t happen that way?"
“No, your Honor," Pratt said humbly. “Dominex Pharmaceuticals sent some of the volunteers for medical treatment, but were unaware of the specific methods used by Dr. Donovan. He apparently used the re-introduction of the sedative as a way of curing the volunteer’s withdrawal symptoms. However, this was done without the company’s knowledge.”
“I see," the Judge stated skeptically. “Anything else?"
“Yes, your Honor," Pratt continued. “We are also contesting the statement made by the paper regarding the level of addictiveness of this particular medication. The allegations were made towards a wide range of sedatives, concluding that Suprame was as addictive as the other twenty medications. The study on this specific medication has not yet been concluded. How could a newspaper draw conclusions to a study that our medical experts were not yet able to conclude?"
“Good point," the Judge stated. “Does the paper have a response?"
“We do," Cox said, rising to the occasion. “The conclusion was made on the basis that the compound used in Valipene is almost identical to Suprame and every other sedative on the market. They all contain the substance, Benzodiazepine. There is so little difference between the drugs that the FDA allowed Dominex to conduct the study with the substitute drug Valipene, just to allow the company to save time in their research study."
The Judge considered this statement for a moment and made a few notes before continuing.
“Is there any more from the plaintiff?"
“No, your Honor."
“Fine," the Judge concluded. “Does the defense have anything to add?"
Cox cleared her throat.
“Your Honor, the information printed by the paper was substantiated by several witnesses, specifically by the wife of Terry Sanders."
“Objection," Pratt interjected. “This witness was not disclosed to me."
“This is an informal hearing," the Judge reminded him. “No one has been required to disclose any witnesses and may I remind you of your motion to suppress the identity of your own witness. Over ruled."
Pratt sat back down and Wendy Cox smiled to herself before continuing.
“The testimony of Mrs. Sanders will show that Terry Sanders attempted to contact the company several times, informing them of the doctors actions, and was continually ignored. It is highly unlikely that Dominex was unaware of the re-introduction of the drug, if not controlling the whole process.”
“Your honor," Pratt said, coming to his feet. “That statement is unsubstantiated. Incompetent secretaries lose phone messages all the time."
“Is that your position counselor? All of the phone messages were lost by incompetent secretaries?"
“No, your Honor," Pratt said carefully. “We are not aware of any messages from Terry Sanders. We therefore can only conclude that either Mrs. Sanders is incorrect in her statement or that the messages were lost."
“Very good," the Judge said sarcastically, “but I will allow the witness’s testimony along with any reasonable conclusion."
“Thank you, your Honor. The defense has nothing further," Cox concluded.
“Alright," Judge Grover announced. “I will hear from all witnesses this afternoon in my chambers and I want the paper to provide an expert witness on the chemical breakdown of Suprame as it compares to all other sedatives."
Cox nodded her agreement. She had already made those arrangements.
Wendy Cox was working diligently through lunch to prepare for the afternoon. This was still an informal hearing and she anticipated that the Judge would direct things to move swiftly through the process. The goal was always to draw a reasonable conclusion, advise both parties, and expedite a settlement. No one wanted to spend the time selecting a jury and painstakingly going over each detail if the whole situation could be resolved through arbitration. At least Cox felt that way. She couldn’t really guess what Pratt wanted. There was no telling what he may have had up his sleeve when he had agreed to an informal hearing. But if they wanted a fight, she was prepared to comply.
Cox looked over the list of witnesses and felt satisfied. In each case, they all had information that would make the drug company wish they had stayed in the baby aspirin business. There was Brian Carter, the psychologist for Carter, Terry Sanders’s wife, and one big fat surprise that would knock Pratt out of his chair. The guy had bit off just a little bit more than he could chew. The AJC attorney was ready for him.
Glancing at the clock, she realized that it was just about time to go. Cox jotted down a few more notes and headed out the door. All of the witnesses were due to arrive at the courthouse shortly after one o’clock. This way she could bring them in at her own discretion.
She was not surprised to see Pratt accompanied by a small army of assistants when she walked back into the Judge’s chambers. The guy was such a weasel.
“I see that everyone is here," the Judge announced. “I had preferred an informal hearing," he stated, annoyed at the size of the group, “but since Dominex feels the need for so much back up, we will have to conduct the rest of this hearing in the courtroom." Everyone followed the Judge into the large room and waited for the court reporter to set up the equipment.
“Are there any motions at this time?" Grover began. Both attorneys stated that there were none. “Fine," he concluded, “then I will hear from the plaintiff. Mr. Pratt and company, do you have any additional testimony?"
“Not at this time, your Honor," Pratt said, getting to his feet. “We request the right to re-open plaintiff’s argument at a later date."
Very clever, Cox thought. Why open up any cans of worms if the defense doesn’t make them an issue.
“I’ll allow a rebuttal," the Judge ruled. “Ms. Cox, you seem to be outnumbered. Do you have any testimony?"
“We do," Cox said, ready to get this show on the road. “I’d like to call Brian Cater to the stand."
“Bailiff, please show Mr. Carter into the courtroom.”
Brian entered from the back of the room and made his way to the witness stand. While he was being sworn in, Cox could see Pratt smiling. Brian stepped up into the box and took his seat.
“Mr. Carter, could you state your name for the record?"
“Brian Carter," he announced confidently.
“And could you please tell the court in your own words, what your connection is with Dominex Pharmaceuticals?"
“I had been prescribed Valipene for anxiety and difficulty sleeping four years ago. The medication was very expensive, so when I heard about the study that Dominex was doing, I decided to participate."
“What made you do that?" Cox prompted.
“They were offering a lifetime of free medication for anyone who participated in the study."
“I see," Cox confirmed. “Go on."
“Well, the study required us to stop taking our medication for six weeks. But after the first five days, I became extremely sick from the withdrawal."
“Objection," Pratt yelled. “Mr. Carter is not a doctor."
“Sustained."
“Mr. Carter," Cox redirected, “could you describe your symptoms that began on the fifth day of abstinence?"
“Yes. I became very weak and dizzy. My hands and feet had a tingling sensation, I had severe abdominal cramping, and I began to have panic attacks."
“And had you ever experienced any of these symptoms before?"
“No, never," Brian confirmed.
“Your honor, at this time, I’d like to have this publication of the American Journal of Medicine placed into evidence," Cox said, handing the thick documentation to the bench. There was no objection from Pratt and Cox continued. “I would like to direct your attention to an article on sedative withdrawal, written by Doctor Sara Bentley, a renowned addictionologist.”
“Proceed," the Judge directed.
Cox pulled a sheet of paper out of her stack on the table and began reading.
“According to this expert, the following is a description of sedative withdrawal symptoms: weakness, dizziness, body tremors, anxiety, depression, confused thinking, abdominal cramping, high blood pressure, unfound fears…”
“Thank you," the Judge interrupted. “I think we get the gist."
“Your Honor," Pratt said, coming to his feet once again. “This article discusses symptoms related to existing sedative termination. We have yet to establish its relevance to a drug that has not been completely evaluated."
“I‘m allowing the article into evidence," Grover stated. “Mr. Carter, please continue."
Brian had to shake himself to remember where he was in his story. He had been so impressed with Cox’s fancy footwork.
“I had no idea what was wrong with me at the time," he continued. “I thought I had the flu and remained at home until I received a phone call from Sam Reynolds."
“For the record," Cox interjected, “Mr. Reynolds is the Vice President of Dominex Pharmaceuticals." Cox nodded for Brian to continue.
“He asked me how I was doing and directed me to see a Doctor Donovan. He said that the company would cover my expenses.”
“And did you find it odd that the company’s vice president would be making the contact himself?"
“Objection," Pratt stated, “this witness is not in a position to determine company protocol."
“Sustained."
“What did you do then?" Cox continued.
“I went to the doctor’s office that afternoon and was given a small brown envelope. The doctor told me it was vitamins."
“Did you notice anything unusual about your visit with the doctor?"
“Yes," Brian answered. “When he went into a locked cabinet for the vitamins, I noticed that the entire cabinet was overloaded with the same brown envelopes. I asked him if he was preparing for an epidemic and he said he had a very generous sales rep." Cox nodded and waited for an objection. Pratt remained quiet.
“How did you respond to the vitamins?" the attorney continued.
“I was almost symptom-free within three days," Brian confirmed.
“You must have been relieved."
“Sure," Brian agreed, “until I spoke to another volunteer."
“What happened then?"
“She told me that she really didn’t think that vitamins were a cure for sedative withdrawal."
“Objection," Pratt interjected.
“I mean for my symptoms," Brian restated, before the Judge could rule.
“Go on," Cox prodded.
“I went to the Newberg Mental Health Center where I received a drug screen.”
“And what were the results?"
“I was positive for benzodiazepines."
“I have nothing further," Cox concluded.
“Your witness," the Judge directed.
Pratt had no intention of contesting the drug screen result. He was sure it had been done and that it was positive. His only way around this piece of evidence was to discredit the addict.
“Mr. Carter," Pratt began, “how long had you been off your medication before you had this drug screen?"
“Three to four weeks," Brian answered.
“Was it three or four?" Pratt demanded.
Brian thought for a few moments, adding up the time in his head.
“It was four."
“And did you obtain drugs from any other source during that time?"
“I did not," Brian answered calmly.
“But you indicated that you had become addicted to your medication," Pratt reasoned.
“Is the attorney asking a question?" Cox interjected.
“Yes, Mr. Pratt," the Judge agreed. “Get on with it."
“Your Honor, we are trying to establish this witness’s condition at the time of his so called abstinence," Pratt explained.
“Then ask a question," the Judge directed.
“Mr. Carter, are you addicted to Valipene?"
“Yes," Brian answered carefully.
“And were you compelled to continue taking it, even though you had planned to stop only long enough to get your drugs for free?"
Brian began to squirm in his chair. This guy was trying to make him look like a street addict. He thought quickly, trying to remember everything he had learned from Carol. Don’t get defensive, he thought to himself. This is not about character; it’s a physiological condition.
“Once I became aware of my addiction," Brian stated calmly, “I was no longer willing to take it."
“I see," Pratt added skeptically.
“So, you wouldn’t have obtained the drug from some other source?"
“No," Brian answered.
“Even though you were too sick to leave your house?"
“That’s correct."
“Well then," Pratt concluded, “you’d be the first addict I ever met who didn’t want to keep using."
“Objection," Cox said angrily.
“Sustained," the Judge said, giving Pratt a look of warning.
“Your Honor," Pratt interjected. “I’m simply pointing out that addicts do relapse. We have no way of knowing where this man got those drugs before testing positive for the substance.”
“The witness stated that he did not obtain drugs from an outside source," Cox stated. “The question was asked and answered."
“And addicts never lie," Pratt sneered.
“Mr. Pratt," the Judge said, pointing a finger in his direction, “I’m warning you. One more outburst like that and I’ll hold you in contempt."
“Yes, your Honor," Pratt said calmly. The point had been made, and he was sure the judge had understood his message.
“Mr. Carter," the attorney continued, “did you say you had been taking this medication for four years?"
“I did."
“And can you tell the court what you were taking this medication for?"
“As I already stated,” Brian said, feeling his patience melting away, “I was taking it for anxiety and difficulty sleeping."
“And what was your diagnosis?" Pratt interjected.
“I believe it was Generalized Anxiety Disorder."
“Well, that’s a very serious condition, isn’t it?"
“Objection," Cox interjected. “The witness is not a doctor."
“Sustained."
“How long have you had this condition?" Pratt continued.
“A little over four years."
“And in four years, how many doctors have you seen?"
Brian looked over at Cox, who nodded at him to answer the question.
“Three," Brian stated.
“Three doctors," Pratt repeated incredulously. “Why so many?"
“Because the first two wanted to send me to a psychiatrist."
“And you didn’t want to do that?"
“No, I didn’t," he confirmed.
“What made the third doctor acceptable?"
“He provided me with a medication," Brian said, feeling defeated.
“And if you hadn’t gotten what you wanted from the third doctor, you would have moved on to number four. Isn’t that true?"
“I’m not sure what I would have done," Brian answered quietly.
“Nothing further," Pratt announced, happily. Brian looked down at his hands in despair. How could he explain the emotional process that had led him to his addiction, when he was only now coming to grips with it himself?
“Your Honor," Brian said, “Can I make a statement?"
“This is an informal hearing," the Judge explained. “Make your statement."
“No one willingly walks into an addiction or even sees it coming," he began. “You believe that doctors know what they are doing, and if you feel some relief as a result of what they prescribe, you aren’t likely to question the solution. I think that sedatives are the deadliest of all the addictive substances because as they are slowly and systematically altering your brain, you feel nothing. I didn’t feel one moment of discomfort or dependence. Alcoholics and cocaine addicts can see the effect the substance is having on them. Sedative addicts see and feel no change, except the ability to sleep at night. The reality of what has happened to us doesn’t hit us until after the damage is done. We are outraged at the doctors that kept prescribing the poison to us month after month. We are furious at a government organization that has failed to warn or protect us. We are baffled at how the drug companies have managed to get away with this for so long. But we are most of all humbled by the whole experience. My ability to function and be the person I was has been taken away from me, and the only one I really have to blame for that is myself. There can be no medication solution to a life problem. I should have known that. I do now.”
“Thank you, Mr. Carter," the Judge concluded, giving Brian a sympathetic nod. “You may step down."
“Your Honor," Pratt said, coming to his feet, “at this time, we would like to introduce a witness in response to Mr. Carter’s testimony.”
“Proceed," the judge directed.
Pratt nodded to one of his assistants, who walked to the back of the room and through the door. The courtroom was silent as the argument in the hallway outside began to increase in volume. A woman was very clearly upset and unwilling to enter the courtroom. After several minutes of unsuccessful debate, the young attorney entered the room with a very bewildered look on his face.
“Bailiff, please accompany plaintiff’s attorney and retrieve the witness," Grover directed.
After several more minutes of angry yelling in the hallway, the door swung open, and a hand cuffed Pam Carter angrily entered the room. Her hands were secured behind her back, while the bailiff held her firmly by one arm, leading her to the front of the room. Brian sat on the sidelines watching his wife fighting to pull her arm away from the bailiff. If the scene weren’t so tragic, it would have been funny.
Pam Carter fought all the way to the front of the room and stood before the judge red-faced and out of breath. The clerk attempted to swear her in; however, instead of agreeing to tell the whole truth, etcetera, the clerk received a “Bite me’ instead.
“Mrs. Carter," the judge said calmly. “You will either cooperate with these proceedings or spend the night in jail."
“Fine," Pam said angrily.
“Does that mean that you will agree to be sworn in?"
“Whatever," she responded.
“I’ll take that as a yes," Grover said with a slight smile.
A few people in the courtroom laughed, causing Pam to spin around. She suddenly found herself face to face with her husband, who was looking at her in disbelief. Shrugging him off, she turned back around to face the judge. Again the clerk attempted to swear her in. This time she responded with a weak acceptance and took the stand.
“Mrs. Carter," Pratt began, “can you please tell the court what your relationship is to Brian Carter?"
“He’s my husband," she mumbled.
“And how long have you been married?"
“Twelve years," Pam announced flatly.
“During that time, have you ever observed your husband over reacting to an illness?"
“It’s possible," she mumbled.
Pratt had expected her to down-play her testimony as much as possible and was prepared for her vague responses.
“Possible?" he repeated. “Then tell me, Mrs. Carter, have you ever thought that your husband complained of an illness, when indeed nothing was actually wrong with him?"
Pam looked out over the courtroom and made eye contact with Brian. Her gaze was cold and foreign to him. Who was this woman, deliberately tearing down his integrity?
“It appeared that way to me," she answered vaguely.
“Can you give us an example?"
“Not really," she said, folding her arms over her chest.
“And why is that?" Pratt asked.
“Can’t remember," she said cryptically. The attorney had been waiting for the opportune moment.
“Well, perhaps this will jog your memory," he said happily, and accepted the paper an assistant was holding out for him. “Mrs. Carter," he began. “Can you identify this document?" Pam just nodded.
“Mrs. Carter," the Judge advised, “you must verbalize your answers."
“Yeah," she stated flatly.
“Is this an affidavit signed by you?"
Another “Yeah” was offered.
“Then will you please read the highlighted area for the court?" Pratt instructed.
Pam stared at the paper as though it was going to explode in her hands.
“On several occasions, and especially in the last few months, I have observed Brian Carter complaining of extreme and unusual symptoms. The alleged illnesses, however, have not affected his ability to function in any way. It is this contradiction in his behavior that has brought me to the conclusion that the symptoms must not have been real, but rather imagined by a hypochondriac."
“Objection," Cox shouted. “This woman is not a psychiatrist, and therefore in no position to diagnose Mr. Carter."
“Your Honor," Pratt interjected. “We are not attempting to establish a diagnosis. This affidavit is merely providing a wife’s observations."
“I’ll allow it as an observation only," Grover ruled.
“Mrs. Carter," Pratt continued, “will you now read the second highlighted area?"
Pam scanned the dreaded material before proceeding.
“Brian Carter has seen numerous doctors over the past four years. In each case, he would refuse to return if a doctor suggested psychiatric treatment. This repeated occurrence by numerous physicians confirmed to me that his issue was psychological and not physical."
“Same objection," Cox said, tiredly.
“Overruled, under the same premise," the Judge stated, “but you are walking a thin line, Mr. Pratt."
“Sorry, your Honor," Pratt said sincerely. “We are simply trying to shed some light on the questionable and subjective testimony of Mr. Carter."
“Fine," the judge concluded. “I believe that you have taken the subjective train as far as it will go. Is there anything else for this witness?"
“No," Pratt stated.
“Your witness," Grover directed.
“Mrs. Carter," Cox said, staying seated. “How much have you been paid for this testimony?"
Pam pretended to calculate the amount in her head.
“It will be a total of forty thousand dollars," she stated.
“And what do you mean when you say ‘it will be’?”
“I received ten thousand for my sworn affidavit, and I will receive an additional thirty thousand for the combined waive of deposition and testimony today."
“Sounds like good incentive to say anything," Cox observed.
“Objection," Pratt interjected.
“Withdrawn," Cox said, waving her hand at the witness dismissively as she would an annoying fly. “I have no further questions for this woman." The word “woman” was said with distain.
Pam left the courtroom and Brian knew he would not see her again. Oddly, he was okay with that. She had ended their marriage for forty thousand dollars.
“We have time for one more witness today," the judge announced. “Ms. Cox, you may proceed."
“I would like to call Dr. Bradford to the stand."
Quietly, the bailiff opened the back door and repeated the request to the corridor. The doctor walked calmly up to the front of the room to be sworn in. “Dr. Bradford," Wendy began, “can you please tell us about your specialty as a psychologist?"
“I am a forensic psychologist."
“And what is a forensic psychologist?"
“I evaluate the emotional state of an individual as it pertains to a court proceeding," the doctor explained. The attorney nodded.
“And did you evaluate Brian Carter for presentation in this court case?"
“Yes, I did."
“What were your findings?"
“I found Brian Carter to be completely oriented and rational."
“And what brought you to this conclusion?" Cox asked.
“He did not offer anything that could be interpreted as imaginary or unfounded.”
Cox was satisfied with this statement. It was precise and left little to the imagination.
“No further questions," she concluded.
“Your witness," Grover directed.
“Dr. Bradford," Pratt began, getting to his feet. “How much time did you spend with Brian Carter?"
“About an hour," Bradford offered.
“And in that short space of time you were able to come to that conclusion?" Pratt questioned, suspiciously.
“Yes," the doctor confirmed. “That is what doctors do."
There were a few chuckles from the courtroom. Pratt was not detoured.
“What specifically took place during your evaluation to lead you to this amazing conclusion?"
“I asked Mr. Carter what he planned to do about his addiction. He didn’t complain about his illness or blame anyone for his situation. He simply stated that he was going to have to deal with it."
When no additional information was given, Pratt made a grand gesture of waiting in silence. After an awkward void in the proceedings, he said, “And that’s it?"
“Yes,” Bradford agreed. “Hypochondriacs do not report their symptoms accurately. They exaggerate or fabricate their illness. Further, there is usually someone to blame for their predicament. In the hour I spent with Brian Carter, he presented factually and objectively. True hypoc