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Taming the Telomeres, a Thriller

Page 17

by R. N. Shapiro


  Franklin has not even finished the first sentence of his well-rehearsed presentation when CEO Merland cuts him off mid-sentence.

  "Actually the main purpose of this meeting might surprise you. We’ve reviewed the data and decided we are setting up a fund to compensate all of the crash victims’ families. We want you to settle every case as quickly as possible. Optimally within 30 days.”

  Franklin looks past Merland over to the CFO in shock. How could the company misinterpret his bullish evaluation given the huge stakes with all of the death cases?

  “This is the road we want to pursue on this one,” Andrews agrees.

  "We haven't even gotten one discovery-related answer in any case yet. We have highly defensible cases…" Franklin starts again, and for the second time is cut off by the CEO.

  "The decision's been made, Paul. We brought you here today just to go over how to best achieve the most reasonable and rapid settlements.” For a split second Franklin imagines a dark open field, a huge bonfire using massive bales of $100 bills for kindling, representing his legal fees going up in smoke.

  “Our insurer is paying a total contribution of $50 million. We are contributing another $110 million, gathered from some of the potentially responsible parties, creating a $160 million settlement fund. Your job is to settle every claim as far inside that as possible.”

  "But we’ve only just answered the first few suits. We don't even have any settlement demand packages, no information on the extent of each family's losses, nothing." Franklin almost whines. “And the insurer, why would they…”

  "Yes, it’s unusual, but we met with the vice president last week, and they simply decided that their coverage would be wiped out, given the number of claims and the early evidence pointing to an electrical cause. This way they’ll save tremendous attorney fees. Paul, we read your reports, but what we want you to do is go to each claimant’s attorney and tell them that we want to entertain an early possible settlement. Tell them to submit a comprehensive demand package within seven days. Then set up a settlement conference with an agreed-upon mediator and every lawyer representing the families of the passengers, pilots and crew,” Merland says.

  "But that's completely contradictory to the usual strategy. We wear each claimant down, create doubt and fear about their case and its value, and only then can we get the best deal. If we do it your way, we won’t get anything close to the best numbers on these cases."

  "There’s no other way to do this, you'll just have to expedite everything the best way possible. You do have the know-how, don't you?" Merland pointedly asks.

  "Yes. We're definitely capable of getting these cases resolved quickly," Franklin responds. He can’t stop thinking about his fees going straight down the rat hole, because fast settlements simply mean less hours.

  The CEO looks around the room and back at Franklin. "Here's the bottom line. We don't want to give any discovery information under oath about the cause of the crash. Just object and delay on all that material and pursue settlement as quickly as possible. No depositions either."

  "Right. They've got nothing right now that hurts us. As a matter of fact, my sources report no evidence yet of any electrical or mechanical issue that would have caused the crash.” Thinking as he talks, Franklin adds, “I will be asked which suppliers are contributing to the settlement funding, and whether their attorneys will attend any settlement or mediation conferences. What can you tell me about that?”

  The CFO looks over at the CEO, who answers carefully.

  "Look, I don't want to tell you anything that's going to require you to disclose something confidential. We’re not at liberty to disclose that due to a confidentiality agreement. And no, there will be no other supplier or parts manufacturer party or their attorneys at any settlement conference. So, do your best to get every case settled within the next 30 days. End of story. If you run into problems, feel free to talk to Andrews here for authority, but I don't foresee you having any difficulty."

  CEO Merland rises from his chair and shakes Franklin's hand. Franklin understands the meeting is over and he shakes hands all around, quickly slides his unused folders back into his briefcase, and heads for the spiral stairs completely baffled.

  He is astounded that the insurance company is contributing only $50 million. In prior cases he's dealt with, the company always maximizes the insurance payment and minimizes any self-retained portion of settlement funding. It just makes the most sense. No company wants to pay money out of its own operating accounts that it is insured for - especially not Hemispheres based on the 9/11 cases he handled. Not only is Hemispheres paying $110 million of the $160 million fund out of its own operating accounts, he knows from his prior experience that Hemispheres is self-insured for the first $10 million of any air disaster, and then the insurance kicks in 100 percent over the first $10 million. The settlement pot is completely backwards.

  As Franklin waves down a taxi, all of these equations flash through his head. The only way the scenario makes sense is if Hemispheres is, what? It dawns on him. Only if Hemispheres is paying no more than the self-insured $10 million. And if the insurance company is only paying $50 million, that means that another party, perhaps a major parts supplier or the aircraft manufacturer, is paying $100 million! Merland made it clear that Hemispheres already has the commitment to the $160 million fund, and that the company saves money if he brings in the total claims for less than that.

  Franklin imagines contacting all of the victims' attorneys and feels nauseous. He hates feeling weak or powerless. Their jaws are going to hit the floor when they hear he wants a settlement demand before even receiving their initial information disclosures on the case. The red flags will be waving big time.

  Chapter 51

  The Return

  Ever-efficient Barbara calls Headmaster Johnson the Friday before Amanda’s return, reviewing her medical restrictions and how she will make up the missed schoolwork. Johnson suggests tutoring to help her, and Barbara resolves to work on that also. Their home is further away from Middleburg Academy than the Michaels’ home, but Amanda’s friends have promised they will help with her transportation until she can drive.

  For the big first day, Charlyne appears at the Simon home to give Amanda a ride. As they make their way toward school, Charlyne glances over at Amanda and says: “Aren’t you excited about coming back? Everybody’s excited about seeing you!”

  “I’m actually pretty scared. I don’t even know when to just smile or give a big hug to someone.”

  As the two of them walk across the road in front of the school Amanda can see the large “Welcome Back Amanda!” banner above the main entrance.

  “I can’t believe they did that,” Amanda says meekly to Charlyne.

  “We’re so proud to have you back,” Charlyne says, putting her arm around Amanda. Charlyne pulls one of the doors open and there is a huge roar from inside.

  “Welcome back Amanda! Welcome back Amanda!”

  “Amanda, I am Headmaster Johnson, in case you don’t recall. We are so pleased to have you back at school.”

  “Thank you. I really didn’t want this, but thanks.”

  At least 50 members of the senior class are organized on both sides of the hall, leaving a tiny walkway in the center. John, her former flame, stands next to David and both greet her loudly, and everyone claps her through the narrow walkway. Clapping an honoree on the way to, or from, a stage, is a time-honored M.A. tradition.

  A number of the kids and teachers crowd around Amanda, wishing her well and telling her how glad they are to see her back. Charlyne and Iris escort Amanda to her chemistry class. Next, using a cheat sheet Charlyne made, Amanda finds her way to history, and then to study hall, where she rejoins Charlyne.

  After the next bell rings, Charlyne guides Amanda left, then right, then left again to English Literature with Mr. Ricci. After the class ends, he calls Amanda to the front of the classroom as the other students file out.

  “Here are a number of sheets
that I’d like you to start looking through from the time you’ve missed.”

  “Okay,” Amanda says despondently.

  “How are you feeling?” Ricci asks.

  “Okay I guess.”

  “I understand the doctor said that you can’t drive for at least 30 days. What did they say about physical activities and playing sports again?”

  “Well, I just got the halo off. I doubt I’ll be able to play soccer again.”

  “How’d you feel about just coming to some of the practices or games? I could keep you on the roster. Might help to be around your teammates.”

  “I really don’t know.” Amanda says honestly.

  “Well, it’s something I think you should consider. I’d love to have you still be part of the team.”

  Once Amanda arrives in the hall, she has no idea where to go. As she unfolds the cheat sheet Iris see her and offers to help.

  “C’mon, it’s lunchtime.”

  Iris takes her over to Charlyne, Amber, and a couple other soccer players. They all stand in line, get their food, and head to a table.

  As they all start eating, Amber starts laughing.

  “What’s so funny?” Amanda asks, not remembering Amber’s name.

  “What you’re eating.”

  “Why’s it funny?”

  “You’ve got a cheeseburger and fries, which proves you don’t remember anything from before.”

  Amanda takes a bite out of the cheeseburger, still not absorbing the comment, just realizing she is really hungry. She puts the burger down on her plate.

  “I don’t mean to be nasty, but what’s your name again?”

  “Mia,” Amber says sarcastically, referring to the famous soccer player. All of the girls start laughing, but Iris stops herself.

  “Girls, we need to be nice.” Iris says.

  “Do you know what it feels like?” Amanda bolts away from the table and rushes out of the cafeteria into the hall. Iris runs up behind her.

  “Amanda! Wait! They’re just trying to come to grips with things. You don’t remember their names, and you were a hard-core vegan before. It’s nothing like you’re going through, but it’s different for us too.”

  “They’re supposed to be my friends? They sure don’t act like it.”

  "Come back and finish lunch with us. Please."

  Amanda rummages through her small purse, locates the cheat sheet again, and studies the notes.

  “No thanks. I’m going to read some, and I’ll find my next class myself.”

  Chapter 52

  Broken

  Amanda places her books from Algebra II into her locker and grabs the ones for her government class. A couple steps away, Charlyne also places and retrieves some books.

  Amanda sneaks a peek at her cell phone. She was reminded of the no phone policy by Charlyne. She notices a text from her Uncle Andy.

  Call me ASAP about the news.

  What news? Amanda pulls up the local news and sees the headline:

  "Middleburg Man Found Dead." She reads the first line, “Kent Perless, a Middleburg resident, was found dead…”

  She stares at the screen in disbelief. The books drop from her hands, the cell phone clatters to the floor, and her body immediately follows.

  "Somebody get help! Amanda fainted!" Charlyne screams at several of the students standing at their lockers nearby. She stoops and tries to talk to Amanda but she is unconscious.

  "Call 9-1-1! Get a teacher over here!"

  A teacher, Mrs. Robinette, rushes over and feels for her pulse, listens for respiration. "She's breathing."

  Many of the seniors crowd around Amanda and the teacher. Within several minutes the rescue squad arrives with a gurney and the EMTs take over. They slide Amanda onto a flat brace board, lift it onto the gurney, and wheel her out. A bunch of the students as well as Headmaster Johnson have collected near the main doors where the ambulance is parked. Charlyne already has Amanda’s Aunt Barbara on her phone.

  Charlyne asks the headmaster if she can take a car to the hospital because she agreed earlier to be Amanda's ride. Minutes later, Headmaster Johnson makes an announcement over the loudspeaker explaining why the rescue squad came, and he promises to keep them posted on Amanda’s condition.

  Andy rushes to the hospital. After reading the news about Kent’s death, he had managed to track down one of the detectives working the case. It was Detective Holmes. Holmes explained to Andy that he could only release limited information because the investigation was active. The detective revealed that there were no suspects yet, and that the evidence of foul play was thin. Holmes did inquire about the relationship between Amanda and Perless. Andy told him what he knew. Finally, Andy arrives and finds his way to where Barbara is, and the ER doctor finds them moments later.

  "She’s stable. We believe she simply fainted from shock, so we put her on appropriate medications. We didn’t want to take any chances, so we have her restrained and a nurse is observing her. She won't answer me even though it looks like she can hear and understand everything."

  "So, it's okay if we talk to her and make sure she's okay?" Barbara asks.

  "Sure – that's fine. As a matter of fact, once I'm convinced that she's stable and the various testing comes back, we should be able to release her.”

  The doctor walks away and Charlyne hovers with David, who somehow got excused from class also.

  Barbara and Andy talk with the teens, asking if they've heard anything about Kent's death or the circumstances surrounding it.

  "I heard some people saying it was a drug overdose," David says, "but that's just some people talking and I don't really know what to make of it."

  "I haven't heard that," Charlyne says. "And I'd have trouble believing it. Amanda and Kent were getting along great. There's just no reason he’d OD."

  Andy soaks this in without voicing his opinion. Nor does he mention he spoke to Holmes since he really didn’t divulge anything anyway. They all walk into Amanda’s room.

  Andy tries first, "Amanda, can you hear me?"

  She is looking right at him, but says nothing.

  "Is there anything we can do for you?"

  Suddenly Amanda yells, "Why? Why would he ever do that? He wouldn't. Why…why? I don't understand. I can't understand!" Then she whispers, "Uncle Andy, get me out of here. Tell them to take the restraints off."

  "I'll see what I can do." Andy walks toward the door. Barbara, Charlyne, and David follow him out into the hall.

  An hour later the doctor releases her. He reviews basic instructions with Andy and Barbara, and a nurse goes over some drug interaction instructions with Amanda. Andy helps Amanda, who is somewhat wobbly on her feet from the meds, into the backseat of Barbara's car. Charlyne and David travel in Charlyne's car back to Barbara’s house and Andy heads for his place in Georgetown.

  Once they arrive back at Barbara's place, the three teens file into Amanda's room. Barbara asks Amanda if she can do anything for her. Amanda declines.

  Once the door closes, Amanda walks right over to the closet where her clothes are, grabs an overnight bag and starts tossing clothing into it.

  "Why are you packing?" Charlyne asks.

  "Not staying here."

  David gives a curious look over at Charlyne without saying anything.

  "What's that supposed to mean?" David says.

  "Just what I said. We're getting out of here. I'm not staying here anymore."

  "What're you talking about?"

  She finishes packing the bag, zips it up, and says, "Let's go."

  "I'd like to know where you think you’re going." Charlyne says. "You've just been released and you're on medication."

  "I'll tell you when we're in the car," Amanda says and walks out the bedroom door and down the stairs. David and Charlyne shrug and start following her. Moments later Amanda has walked out of the house and down the driveway toward Charlyne's car. Barbara sees Amanda walk by and asks Charlyne and David, "What's going on? Where is she going?"
r />   "She said she wants to leave. We’re just following her," Charlyne says.

  Barbara immediately trots out the front door and across the yard. When she gets near Amanda, she is still standing beside Charlyne's car.

  "Amanda, what are you doing? We need to monitor you. You're still on medication and obviously have had a horrible, stressful day. We understand you’re upset."

  "I can't stay here. I'm ju-, I'm sorry, Aunt Barbara I can’t do this anymore."

  "Do what? Where are you going?"

  "I'm going by the farm and I'm going to talk to Kent's dad. After that I don't know."

  "Amanda, we're your family and we're here to take care of you. You can't just leave."

  "Says who? I'm 18. I can make decisions like this myself. Charlyne, can we go?"

  With keys in hand, Charlyne is standing by the hood of the car listening to the discussion; actually it’s more of an argument. She stands motionless with a confused look on her face. Should she refuse to take Amanda?

  "Charlyne, please get in the car!" Amanda shouts.

  David hovers nearby because Charlyne has given him a ride. Charlyne finally starts moving toward the driver's side door and unlocks the car. Barbara says nothing, standing along the edge of driveway. She's fuming inside.

  “I’m sorry, Mrs. Simon. We’ll bring her back or let you know where we are.”

  The three of them get in the car. Barbara watches the car drive away and calls to report the events to Andy.

  "Take me to Kent’s farm."

  From the backseat, David says, "What’re you gonna do there?"

  "I dunno," Amanda says, "But I'm not going back to my aunt's house."

  After a ten-minute drive, mostly in silence, the three arrive at Crossroads Farm. As soon as the car stops, Amanda opens the door, grabs her bag and heads in the front door. There's no sign of anyone around. Charlyne and David follow Amanda, who is making a beeline for a bedroom. Yellow crime scene tape is stretched across the entry door. She pulls one side down, and once inside, she throws her bag down and sprawls on the bed. Some moments later, Charlyne and David enter the room.

 

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