Silent Epidemic (Book 1 - Carol Freeman Series)

by Jill Province

  “Because it might not be enough.  Sometimes the wanting is far more powerful than the reality of having." 

  “You’re getting very philosophical on me," she said teasingly.  Jerry did not respond.  The light finally changed, and they became the chosen few, while a mile of cars behind them were left in traffic purgatory.  “Jerry," she said more seriously, “it will be enough."  

  He glanced at her, momentarily taking his eyes off the road, and studied her face. 

  “I hope so," he said simply.    

  Jerry drove while Sheila fiddled with the radio.  It was her favorite passenger activity.  While Jagger sang, “You Can’t Always Get What You Want," he decided that the whole thing would play itself out and all the discussion along the way was pointless.  The irony of the song was not lost on either one of them.  Jerry pulled into the underground parking area and Sheila anxiously bolted from the car to evaluate the prize from Jeff Edwards’s office. 

  The tiny camera was plugged into her computer and it downloaded fifteen shots.  Zooming in on each page, she was able to make out the words.  “Check this out," she called to Jerry.  

  Jerry came over and sat down next to her. 

  “What the hell is this?" he asked, after reading the material on several pictures. 

  “This is the final data for the FDA," Sheila explained with a smile. 

  “How can they get away with this?"  

  “That’s a very good question," she agreed, moving towards the phone.

  “Who are you calling?" Jerry asked. 

  “It’s time to give my friend in New Jersey a heads up."  Jerry turned back to the screen and continued scanning the pages in disbelief.  “This is going to get very interesting" 

  “Yeah, for everyone," Sheila added, while she waited for her friend to pick up the phone.

     

  * * * * * * * * * * * * *

   

    

  Chapter 25

   

  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.”