It's Nothing Personal

by Gorman MD, Sherry

  “Also, the best answers are the shortest answers. Whenever possible, keep it to ‘yes,’ ‘no,’ ‘I don’t know,’ or ‘I don’t recall.’ Once you state your answer, don’t elaborate. Anders may ask you a question, and you may answer with a simple ‘yes’ or ‘no.’ Then, she will sit there and just look at you. The silence will make you feel uncomfortable. In normal conversation, you’d be inclined to fill in the void. Don’t. Just stare back at her, no matter how awkward it makes you feel. Make her fish for information, but never hand her anything! Understood?”

  “Yes,” said Jenna, grateful for the coaching. She quickly shook the cramp out of her right hand as she jotted down every word. Without this advice, she knew Allison Anders would devour her within minutes.

  Jim spoke up, “Unfortunately, however bad Allison Anders may be, she’s not as bad as her partner, Lyle Silverstein. He is truly an evil man. And, Jenna, you have to be prepared to face both of them, because it’s highly likely he may be there, too. You’re in a high-profile case with a lot of money on the line. Lyle loves money. He may show up for all or part of your deposition. I’m not going to downplay it for you. Lyle is downright mean. I’ve seen him scream at defendants, get right up in their faces, and tower over them. He’s a large man, and he uses his size and aggressive personality to his advantage. He can be very threatening.”

  Jenna’s throat became tight and dry. Her eyes darted back and forth between Jim and Nancy.

  “C-can they really do that? Get in my face? Yell at me? Mock me?”

  Jenna was losing control. It was heart-wrenching to observe. Jim tried to restore confidence in his client. “That’s why we will be there, right at your side. If either of them steps out of bounds, we will immediately object. There are limits as to how abusive they can be toward you, and we will not let them exceed those limits.

  “However, you have to be prepared. Just because we’re there to reel them in, doesn’t mean they won’t push the envelope. You need to know with absolute certainty that they will attack you. It may not happen right off the bat, but it will happen. Expect it at every turn. Never let your guard down. Never relax.”

  Jenna knew the deposition was going to be rough, but this surpassed her most pessimistic expectations. Ravaged by self-doubt, Jenna knew that somehow, in two short days, she was going to have to change dramatically in order to survive.

  Nancy smiled gently at Jenna as she spoke. “You do have something within you that may give you an edge over both Anders and Silverstein.”

  “I do?” asked Jenna, completely taken aback. “What?”

  “Exactly what you see as your biggest weakness. Simply stated, Jenna, you’re nice. They don’t know what to do with nice.

  “Jim and I have tried many cases and gone through countless depositions against both Anders and Silverstein. Their modus operandi is to rattle the defendant, to provoke them into anger, and then to show that to the jury. Usually their job is made easier by the mere fact that most physicians are defensive when their skills or judgment are questioned.

  “You’re not the typical doctor. Your identity, as far as we can tell, is not built upon your status as a physician. You’re a mother and a wife. That’s what defines you and gives you strength. Being a doctor is what you do, not who you are. They aren’t going to know what to do with that, or what to do with you.”

  Jenna’s face reddened at Nancy’s assessment.

  “Okay, so maybe I’m nice. How does that protect me from being destroyed on Friday?”

  Jim locked eyes with Jenna. “The way you survive is that you consider this a game. It’s a very cruel, heartless, and vindictive game, but a game nonetheless. Know that if you start to succumb to their tactics, you lose. Every minute you keep it together, you win. We’ll help you through the rest. Jenna, we have faith in you. You can do this.”

  Jenna pulled in a deep breath and exhaled. Standing to stretch her legs, she turned her back on her lawyers. Her mind drifted back to the four years spent in college, studying nonstop, maintaining a perfect GPA, and graduating with honors. Following college, there were the four arduous years of medical school where she was perpetually deprived of sleep, exercise, and daylight. From there, she moved onward to four years of residency where attending physicians belittled her on a daily basis, leaving her feeling completely defeated.

  In fact, the only good things that happened to Jenna during those years were her marriage to Tom and Mia’s birth. It was her family that had literally saved her from giving up or being destroyed. After residency, it took years of constant and patient reassurance from Tom before Jenna reached the point where she did not believe that she was worthless.

  Jenna recognized this was a pivotal event in her life. She could allow herself to be beaten down again, or this time she could fight back. For the sake of her reputation, her family and, most importantly, herself, Jenna decided to not only defend herself, but to win.

  With new resolve, Jenna turned back around and faced her attorneys. With a devilish grin, Jenna said with conviction, “Okay, let’s get ready.”

  CHAPTER 32

  Jenna looked like a different person. Her eyes glimmered as she held her head high. There was a radiant glow in her cheeks. Taking her seat again, Jenna sat with perfect posture as she rested her hands comfortably on the table. Jim and Nancy had not yet witnessed this side of their client. There had been hints of it, but nothing quite like this.

  Energized by Jenna’s demeanor, Jim beamed, “Okay, then. Let’s do it!”

  He pulled his laptop in front of him and called up his calendar. “The deposition is set to start at nine o’clock. Nancy and I will meet you in the building’s café, which is located on the ground floor, at 8:30. That way, if you have any last minute questions, we can answer them without being rushed.

  “Your deposition will be videotaped. At the other end of the table from where you will be seated, there will be the videographer with a large camera focused on you. I know it sounds intimidating, but try to ignore it. You don’t have to look right into it, which helps. Most people forget that it’s there after a short while.

  “Nancy and I will be seated on your left, with Nancy closest to you. Immediately on your right will be Allison Anders. She’s the person you’re talking to, so keep your attention focused on her. You can look at Nancy or myself if you have a question, but try not to do it excessively. We don’t want to give the impression that we’re coaching you – it diminishes your credibility.

  “On Ms. Anders’ side of the table, there may be Lyle Silverstein or any other member of their firm. You also need to be aware that Michelle Hollings might show up. We don’t think she will, since Anders hasn’t had a patient present at any of the other depositions, but anything is possible. If she’s there, it’s for the purpose of intimidating you and getting under your skin. Don’t let it. Don’t look at her. Keep your focus on Anders. There will also be a stenographer in the corner of the room, recording every word.

  “Everything sound okay so far?”

  “I wouldn’t go so far as to say everything sounds okay. Everything sounds completely horrid, but at least I know what to expect.”

  Jim chuckled at Jenna’s honesty and continued, “The deposition will start with you raising your right hand and swearing, under oath, to tell the truth. The camera will start rolling at that time.

  “Everyone present at the deposition will state their name and their reason for being there. After that, Anders will explain the rules of conduct. She will tell you that if you don’t understand one of her questions, you have the right to ask for clarification. Like we’ve said countless times before, we encourage you to do this. Remember, she is the master of confusing questions. If you are the least bit confused, ask!

  “She will tell you that you have the right to request a break any time you need it. The only constraint on that right is if she has a question pending. If that’s the case, you can’t ask for a break until you’ve answered.

  “Anytime you start
to feel overwhelmed or want to talk to us, ask for a break. I’ll keep my eye on you, too. If I feel like you are starting to look worn down or need some guidance, I’ll make the request. Even if everything seems to be going along fine, I’ll still make sure we take a breather every hour or so, just to help you stay fresh.”

  Jenna considered what it was going to be like to face Allison Anders. From the very moment Jenna saw Allison at the courthouse, she had disliked her. Since then, she had grown to despise her. To Jenna, this lawsuit had become very personal. It was a battle between her and Allison Anders.

  She looked up, deathly serious. “So, let me make sure I understand this. They can ask me anything. They can make me look like an idiot, call me an idiot, or worse. They can get in my face and yell at me, and my job is to not flinch. I’m supposed to go through hours of verbal abuse and intimidation, all the while acting polite, and never reacting to their taunts.”

  Jim raised his eyebrow and pointed at Jenna. “If you can pull that off, I personally guarantee you the satisfaction of winning this battle.”

  Jenna asked, “So when we take breaks, how long do we get and where do we go?”

  Jim answered, “We either huddle in their lobby or they leave us alone in their conference room. We can take as long as we want, but typically we try to keep it to less than fifteen minutes.”

  Jenna cried out, “You mean to tell me we are supposed to talk in secret, on their turf? Are you kidding me? I wouldn’t put it past them to have the place bugged. Do we have to stay in their office?”

  There was no way Jenna was going to relinquish that much control to the enemy.

  Jim steepled his fingers in front of his face as he contemplated Jenna’s request. “Well, there’s no rule that says we can’t leave. We never have before, but if it makes you more comfortable, we can go down into the lobby or even outside.”

  Jenna’s face grew red with anger. The room was silent as her lawyers watched her. Jenna glared at them and smacked her palms on the table. “There’s no way I’m talking about my secrets on their territory.”

  Jim and Nancy were left speechless.

  Attempting to steer the meeting back to more productive matters, Jim handed Jenna a pile of documents.

  “All the documents that you see here are what we have provided to Anders. During your deposition, she’s going to ask you about each of these. It’s all stuff you’ve seen before. I don’t anticipate any major landmines here. Just make sure you look through these before Friday so they are fresh in your mind, okay?”

  “Will do,” Jenna replied, still rattled after her outburst.

  Jim continued, “One of the most important topics that will inevitably come up is how you stored your narcotics. Our defense is going to depend on proving that your drugs were stored in a secure environment. As we’ve mentioned before, the DEA rules for narcotic storage are vague. The guidelines use the terms ‘locked’ and ‘secured,’ but they don’t adequately define what qualifies as such. Whenever you hear Anders say ‘unlocked and unsecured,’ your immediate response should be that your drugs were secured. Do not deviate from this answer, no matter how many times and how many ways she asks you.”

  “Got it, my drugs were secured. The operating room was considered to be a secure environment and, by storing my drugs within that environment, they were secured.” Jenna repeated the statement, making sure she said it correctly.

  Jim and Nancy smiled at her like proud parents. Nancy simply said, “Perfect.”

  “Are there any more traps to watch out for?” Jenna asked.

  “Just one,” Nancy said. “Anders might bring up the possibility of punitive damages.”

  Jenna put her pen down and asked, “What are punitive damages?”

  “That’s where, under extraordinary circumstances, they not only sue you within the limits of your malpractice policy, but they also sue you personally.”

  Jenna’s heart started to race. “You mean they could take my personal possessions?”

  Nancy tried to console her. “Before you get too worked up, let me explain. In order to prove their case for punitive damages, they would have to show that you acted with willful and wanton disregard for the safety of Michelle Hollings. Hillary Martin’s actions meet the criteria for punitive damages, but yours definitely do not.”

  “So, it’s just an empty threat designed to scare me?”

  Nancy responded, “Yes, so don’t let it upset you if she brings it up.”

  “I’ll do my best.”

  Jenna was beginning to come to terms with the rules of this game. This was not a gathering of civilized, educated professionals in a room trying to get to the truth. Quite the contrary, this was a firing squad, where the bullets were in the form of words. Success, it seemed, would be measured not by victory, but by lack of defeat.

  Sensing their meeting was over, Jenna stood to leave. Jim pushed his glasses up on his nose and gestured for her to sit back down.

  “We have one last issue to discuss.”

  Jenna took her seat. The subdued expression on her lawyers’ faces startled her. The room was quiet. Neither Jim nor Nancy could look directly at Jenna. Jim rubbed his forehead as he struggled to find the best way to tell her the news. After concluding that there was no best way, he finally spoke.

  “We wanted to let you know that St. Augustine settled with Michelle Hollings.”

  “They settled?” shrieked Jenna. “When? Why?”

  “We found out yesterday. Apparently, the settlement occurred last week. The exact amount and terms are undisclosed and confidential.”

  “I’m sure it was a huge amount,” said Jenna indignantly.

  “I’m sure you’re right,” said Jim. “I can only speculate, but I think it’s safe to assume that Ms. Hollings is set for life, both financially and with respect to medical care.”

  “So, they got their stack of money, and they still want me? Why? Why would it be worth it to them to pursue me?”

  Jim, ashamed of this particular side of his profession, said regretfully, “They want all they can get, every last penny.”

  “Why do you think St. Augustine settled?” Jenna asked, rubbing her temples.

  Jim’s body stiffened. He carefully considered his options. After several moments of introspection and uncomfortable silence, he decided to tell Jenna the truth. She deserved nothing less.

  He lowered his voice, “What I’m about to tell you never leaves this room. Are we clear?”

  Jenna suspected Jim was about to divulge a very dangerous secret. She was right.

  “Yes, absolutely. I won’t tell anyone.” She inched her chair closer to the table and leaned forward.

  “When Hillary Martin was deposed in front of the federal prosecutor after her plea agreement, she admitted she shared syringes of Fentanyl with others in her social circle. These people could have had hepatitis, HIV – you name it. The investigation has only focused on identifying those patients that have hepatitis C with a viral DNA sequence matching that of Hillary Martin’s. However, many other patients turned up to be hep C positive, just not with Martin’s exact viral sequence. So far, St. Augustine has only taken responsibility for a select few. Lucky for the hospital, the court has sealed her deposition, but they know what Hillary Martin said in her testimony. They also know the repercussions if this information ever leaked out.”

  “They need to bury this as quickly as possible,” Jenna concluded. The game had become much more dangerous. Jenna’s blood turned cold, and her hair stood on end.

  Nancy replied, “It’s in their best interest to do so.”

  “So what’s in my best interest?” Jenna asked, outraged.

  “For now,” said Jim, “I think we should continue to fight. We have a defendable case. If things change, we’ll discuss it. For us to settle now would be premature.”

  CHAPTER 33

  June 24, 2011

  The alarm clock sounded at 4 a.m. on the day of Jenna’s deposition. Jenna threw on her jogging clothes
, and she and her dog quietly left her house. Outside was dark and quiet. The rest of the world was sleeping. Jenna took comfort in the sound of her feet hitting the pavement. She looked down at Ginger, running faithfully at her side.

  “Well, girl,” Jenna said as much to Ginger as to herself, “today’s the big day. Think I’ll do okay?” Ginger looked up at her owner affectionately and wagged her tail in response to Jenna’s words. Jenna convinced herself that the tail wagging was a sign. Even her dog thought she would survive the battle.

  Jenna continued her run and soon sweat soaked her hair and shirt. Fueled by adrenaline and nervous energy, her pace was considerably faster than usual.

  By the time Jenna got home, the sun was beginning to rise. She paused to enjoy the glory of the pinks, blues, and purples of the morning sky as the enormous, orange sun peeked over the horizon. She bent down and kissed the top of Ginger’s head. “Everything’s going to be okay, girl. I promise. Everything’s going to be okay.” Like earlier that morning, the words were for her own sake.

  Jenna showered and dressed in the plain, black skirt and cashmere cardigan that she had bought for the occasion. Mia watched her mother do her hair and makeup. When Jenna was ready to leave, both Tom and Mia gave her big, tight hugs.

  Mia said, “You look really pretty, Mommy. I bet you’re prettier than that mean lawyer woman.”

  Jenna giggled at the sweetness of her daughter’s compliment. “I don’t know about prettier, but I bet I’m nicer!”

  Tom looked at his wife. He could sense Jenna’s inner tension, but he was proud at how well composed she appeared. “You’ll do great. Jim and Nancy will take care of you. Stay strong, and don’t let that bitch win!”

  Jenna moved forward to kiss Tom goodbye and whispered, “Thanks.”

  At exactly 8:20, Jenna parked her car on a side street near Allison Anders’ office building. She had taken a beta-blocker on the drive over, in hopes of dulling her nerves. On her walk toward the building, she could feel the effects of the medication. Her hands weren’t shaking, her pulse was slow, and she felt calm without feeling sedated. Without her adrenaline surging, Jenna was much more able to focus.