It's Nothing Personal

by Gorman MD, Sherry

  Jenna thought about her doctor’s advice and smiled slightly. She was starting to calm down.

  “Usually, I get the lecture that this isn’t about me. But it is about me. My pride is at stake. My sense of right and wrong is on the line. I can’t stomach the thought of rolling over and letting them rip my beating heart from my chest. To me, that’s what settling feels like.”

  Dr. Kendall replied, “It sounds like your decision is made. Trust yourself. When all is said and done, and the sun sets on this chapter of your life, the lawyers and all their advice will be long gone. They’ll be on to the next lawsuit and the next set of victims. You’ll be alone standing in front of the proverbial mirror. The only person you’ll ever have to answer to is yourself.”

  Jenna felt the burdens of her reality lighten tremendously. Her perspective shifted to a brighter, more positive outlook. Jenna’s attorneys were correct on one account – this was her decision to make. For most of her life, she had cowered. Jenna viewed this battle as an embodiment of every defeat she had ever endured. This time, she was determined to prevail.

  CHAPTER 59

  On Friday morning, Jenna phoned Walter Morey. She felt more empowered than she ever had before.

  “Walt, this is Jenna Reiner. I just wanted to inform you that I am meeting with Jim and Nancy this afternoon. I’ve given my decision careful consideration, and I will not settle.” Her tone was unwavering.

  In stark contrast to his judgmental stance only days prior, Walt told Jenna, “You certainly sound less emotional than you did earlier this week. Keep up this demeanor, and you’ll be fine. I’ll be there when you need me.”

  “I’m sure you will, Walt,” Jenna said with a hint of mockery, as she hung up the phone. So far, she was unimpressed with Walter Morey. He had not yet offered Jenna anything of substance, and she could only imagine what his services had cost her so far in legal fees.

  After calling Walt, Jenna drove to her attorneys’ office. Once they were seated in the conference room, Jenna eyed each of them, attempting to determine their sentiments. Their faces revealed nothing except anticipation. With the aid of her chemically-induced sense of calm, Jenna assertively proclaimed, “I refuse to settle. I demand that we take this to trial. I’m certain about my decision, and I will not waiver. With that out of the way, I want to be brought up to speed on everything as it pertains to my case.”

  This was the side of Jenna that both attorneys knew existed, but they rarely saw. They only hoped it would last.

  Giving Jenna the respect she deserved, Jim began to explain where things stood. “Our first issue is that our judge will be turning over after the first of the year. So far, Judge Krantz has been a stroke of luck. He’s been fair and has ruled in our favor several times.

  “The new judge, Judge Wilson, is more of an unknown. Judge Wilson has a reputation of being objective and honest, but he’s also a relatively new judge on the bench. That means he may be less likely to make risky rulings, even if they are the right thing to do. If that happens, it increases the likelihood that Allison Anders and Lyle Silverstein would have free reign in the courtroom. All we can do is hope for the best.”

  “Great,” said Jenna, with blatant pessimism.

  Hesitantly, Nancy said, “I got a call from Anders yesterday.”

  “Oh yeah?” Jenna said, with the sourness of hatred rising in her throat.

  “She offered to settle for five hundred thousand dollars. It was what we call a ‘drop-dead’ settlement demand. Basically, we had until 5 p.m. to respond, or the offer would be revoked. We called Randy Stevens, and he said to tell them to take a hike. I knew you’d say the same, so I didn’t bother you with it.”

  “You’re right about that. Do you think this means anything?”

  Nancy replied, “It could mean a number of things. Just as much as going to trial is a gamble for us, it’s also a gamble for them. Anders may not be quite as certain about the case as she would like us to think. Plus, we are approaching the most costly phase of trial preparation. The upcoming expenses will eat away at their profits if they win or cost them dearly if they don’t. It could also mean that Michelle Hollings doesn’t want to wait for her money. Maybe she isn’t willing to risk a loss. It’s hard to say, but any way you slice it, it shows some form of desperation.”

  Jenna reveled in the thought of Allison getting nervous.

  “So what happened when you didn’t respond? Do you think they realize settlement-negotiation days are over?”

  “The fact that we didn’t validate their offer with a response or even an acknowledgement sent a very clear message. Which brings me to this morning. Anders called and wanted to know if you had retained personal counsel. If so, she wanted to know who you’re using.”

  In spite of her medications, Jenna started fuming. Her face looked like thunder.

  “Anders has no right to that information. What did you tell her?”

  “I told her that whether you had or had not retained personal counsel fell under attorney-client privilege. She reminded me that this case may be subject to punitive damages, and that any defense lawyer with a functioning neuron would be a fool not to advise their client to seek personal counsel at this point. She’s demanding to know who you’re using.”

  “No way!” shouted Jenna, pounding her fist on the table. “What purpose could she possibly have for wanting to know that, other than to somehow hurt me? At the very least, she could tie Walt up in hours of conversation that ends up costing me a bundle. Does he know about this?”

  “Yes, I spoke with him just before you arrived. He sees no problem with them chatting. However, it’s your decision. He’s retained by you, so you call the shots.”

  Jenna tried to calm down. “How could he possibly see no reason not to question Anders’ motives? She’s a snake.”

  “He sees things from a different perspective. He has a professional relationship with Anders and Silverstein. Not friendly, but not adversarial. Their relationship is based upon mutual respect. He thinks he may be able to fish around and see if he can get Anders to slip up. Maybe, she’ll tell him something that might help us. Jim and I tend to agree. We don’t see any harm in it, and there truly is the potential for gain.”

  Jenna was not sure what to think. Knitting her brows, she asked Nancy, “And what if Walt is the one who slips up and gives her something useful?”

  “I know Walt, and I can guarantee that won’t happen. If it makes you feel better, you can send him an email and cc Jim and me. In it, you explicitly state that he is not allowed to divulge anything about you or your case. If he violates your directive, he could lose his license to practice law.”

  “You guys really believe this is the right thing to do?”

  “We do,” Nancy said firmly. Jim nodded as well.

  Against Jenna’s gut instinct, she trusted her attorneys’ advice.

  “Okay, then. I’ll fire off an email to Walt this afternoon. Let me know what happens.”

  CHAPTER 60

  Less than two hours had passed since Jenna emailed Walt, granting him permission to speak with Allison. Walt was sitting behind his desk working on another case when his secretary buzzed him and disclosed that Allison was on the phone.

  “Allison! It’s been a long time. How have you been?” he asked politely, doing his best to appear surprised by her phone call.

  “I’ve been great, Walt. Just trying to keep my head above water with all of the hepatitis C cases. Which brings me to why I’m calling you, other than to hear your sexy voice,” Allison chuckled seductively into the phone.

  Walt detected an echo as Allison spoke and instinctively knew he was on speaker. Most certainly, Lyle Silverstein was at Allison’s side. Walt decided to disregard it.

  Allison continued, “I understand that you are personal counsel for Dr. Jenna Reiner. Tell me, Walt, what is she like? I mean, I spent seven hours with her during her deposition, but surely she must have a side to her that’s more flattering than what I witnessed.�
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  “She’s very nice, especially to people who aren’t suing her or trashing her in the press.”

  Allison countered with feigned innocence, “I can’t control what the Tribune chooses to publish.”

  “I’m sure you can’t,” replied Walt with a subtle, yet sarcastic, bite. “Anyway, Allison, what can I do for you?”

  “I was just wondering if Dr. Reiner is aware that we have filed a motion for punitive damages to be included in her trial?” Allison asked with venom dripping from her voice.

  “When did that motion get filed?”

  Allison snapped back, “This morning, at 8:30, to be exact.”

  Walt shot back, “Allison, you and I both know that this is not a punitive damages case. Whatever Jenna Reiner’s actions were, they were not willful and wanton. You’ll never get a judge to rule in your favor.”

  “We’ll see,” Allison said, barely loud enough to be heard. “Did you know we sent over a settlement offer to her attorneys yesterday? We’re thinking they must not have received it, because they never responded. Frankly, it was more than a little rude. It seems like, with all the uncertainty and negative publicity that Dr. Reiner faces if this goes to trial, she’d be chomping at the bit to settle. Does she realize how serious things are? Does she know we fully intend to go after her personal assets?”

  “What makes you so sure you’d win?”

  “We’ve got solid expert witnesses. Dr. Reiner has admitted she left her drugs alone in a room with a drug-addicted thief. And then there’s our young patient, whose entire life has been tarnished by Dr. Reiner’s carelessness.”

  Allison paused for a moment, and then asked candidly, “So, what we’d like to know is why it seems like she’s dug in her heels? Why is she refusing to settle? Hasn’t she been through enough? If I were her, I’d greatly fear what could happen next.”

  Refusing to violate his client’s demands, Walt simply said, “Goodbye, Allison. I hope you have a good day, and good luck with your case.”

  Before Allison could respond, he hung up the phone.

  Walter Morey had the uneasy premonition that, as was the case with Jenna, this had become personal for Allison, too. For Jenna’s sake, he feared Allison’s next move.

  CHAPTER 61

  Allison hung up the phone and stared directly at her senior partner. Lyle Silverstein’s face was red and tight. He stood, sending his chair sailing behind him. Baring his unnaturally white teeth, Lyle shouted, “Does Jenna Reiner really think she can beat this? She has no idea what she’s up against.”

  Over the years, Allison had become accustomed to Lyle’s tirades. She sat calmly at the table, respectfully waiting for Lyle to finish. When he had raged long enough to release his pent up frustration, he looked at Allison and asked, “Okay, so what’s your take on things?”

  She thought carefully about her conversation with Walt before answering.

  “I think, as things stand now, Dr. Reiner has decided there will be no settlement. Looking back, it was a mistake to attack her in the media. Prior to that story, settlement negotiations weren’t going well, but at least they were underway. Then the story prints, and all negotiations come to a screeching halt. Based on what Keith Jones told us, I fully expected the story would break her, but, once again, she’s surprised me. We can call in more favors and give her more negative publicity, but I think it’s only going to add fuel to her fire.”

  Lyle was frustrated. Because of Jenna Reiner’s stubborn resolve, this case was going into the red quickly.

  Glaring at Allison, he said, “Every other doctor, without exception, has settled and done so quickly and quietly. Not only is pursuing this case costing us a small fortune, which we may never make back, but I’ve also got Keith Jones breathing down my neck. He’s fuming over this. He says St. Augustine can’t afford the negative publicity that would come with a trial, and he’s right. If we don’t get this case to end, and soon, he’s threatening to stop paying us.”

  From the beginning, Allison and Lyle were the only members of their practice to have any involvement with the hepatitis cases. That was by design. Keith Jones agreed to pay one hundred thousand dollars directly to Anders and Silverstein for each case that settled. It was a hefty price, but it was miniscule in comparison to what Keith Jones stood to lose if this ordeal bankrupted his hospital. So far, Anders and Lyle were each half a million dollars richer than they were before Hillary Martin started stealing drugs and infecting patients.

  Closing her eyes, Allison replayed the phone conversation with Walt in her mind. He had given nothing away. However, as Allison reflected on the call, she thought she heard him catch his breath at the mention of the punitive damages filing. Allison guessed that Jenna would sacrifice herself and her career, but not her family.

  Allison opened her eyes and smirked. Snapping her fingers, she said, “Punitive damages. That’s where the money is, so to speak. The question is, how do we get a judge to rule in our favor? My guess is that Judge Krantz will leave that ruling to Judge Wilson. That bodes well for us, because I don’t think Krantz would buy the argument that this is a punitive damages case.”

  “That leaves us with Judge Wilson,” said Lyle, rubbing the stubble on his chin. “I don’t like him. He’s young, and he’s trying to prove himself. Ruling in favor of punitive damages is going to draw attention, and he’s not going to like that. Somehow, we have to get Wilson recused.”

  Allison contemplated the situation. She had some vague memory, something about Judge Wilson that had circulated through the rumor mill, but Allison could not pull it into her consciousness. In a flash, it struck her. She turned to face Lyle with a wicked grin.

  “Do you remember hearing about a judge’s wife who had surgery at St. Augustine during the period when Hillary Martin worked there?”

  Lyle tried to shake the cobwebs from his memory. “Holy shit! How could I have forgotten about that? Wasn’t it Judge Wilson’s wife?”

  A malicious look swept across Lyle’s face, like a tiger about to pounce on its prey.

  Allison gloated. “I strongly believe it was. I heard he was really torn up about it, as was his wife. I remember thinking, I pity the anesthesiologist that infected a judge’s wife.”

  “Then why would he have accepted the case? Surely he would know it’s a conflict of interest,” Lyle replied.

  “Unless . . .” said Allison.

  “Unless what?”

  “Unless he wants revenge, and he planned on using this case to get it. Regardless of his motives, this is definitely grounds for recusal. I have a contact at St. Augustine. I’ll have them check the medical records to confirm our suspicions.” Allison quickly picked up the phone.

  Fifteen minutes later, the two attorneys had their answer. Mrs. Wilson had undergone a cosmetic procedure during the critical period. She was tested for hepatitis C, and the results were negative.

  **********

  Later that evening, Allison Anders sat crouched in the driver’s seat of her BMW. She had been waiting for over an hour in the dingy parking garage attached to the courthouse. It was well past 7 p.m., and only a few cars remained. Allison, however, cared about only one.

  From her rearview mirror, she spied Judge Wilson. He had nearly reached his car when his phone vibrated. He pulled it out of his pocket to check the screen. The text message was from an anonymous number.

  “How’s your wife? Still hep C negative?”

  The judge scanned the parking lot, fearing someone was watching him. He never noticed Allison Anders sitting in the front seat of her sedan, hidden behind heavily tinted windows, and gauging his reaction.

  CHAPTER 62

  January 16, 2012

  Late in the afternoon, Jenna and Mia were snuggled up in front of the fireplace on a cold and snowy Monday. Jenna was about to make some hot cocoa when she received a call from her attorneys.

  “Hey guys, how’s everything going?” Jenna asked, never knowing what to expect.

  Jim took the lead.
“We just wanted to touch base with you. There were some, well, interesting developments today.”

  Jenna sat up straight. She had developed a profound distaste for the word “interesting.”

  “What happened?” she asked anxiously, leaving Mia for the privacy of her office.

  “Judge Wilson recused himself from our case. He didn’t provide an explanation.”

  “So what does that mean?”

  “It means he’s removed himself from your case. It will be up to Chief Judge Hastings to appoint someone else.”

  Jenna’s mind started projecting forward. Her trial date was only two weeks away. She instantly feared this could delay things, which was more than she could handle. Jenna had mentally prepared herself to be sitting in a courtroom for three weeks starting at the end of January. She could last that long, but no longer.

  “Will this delay the trial date?” Jenna asked, fearfully.

  Jim answered, “It may. It depends on how quickly a new judge can be assigned and how quickly that person can get up to speed.”

  Nancy’s voice came over the phone. “There are a couple of other issues we need to talk about. We have some bad news. We have decided not to use Dr. Ramano as one of our experts.”

  Flabbergasted, Jenna asked, “Why not? He’s local, respected, and accomplished.”

  Nancy tried to explain, “When the story broke in the Tribune, Dr. Ramano got a pretty heavy beat down from the higher ups at his hospital. The administrators had a heart-to-heart with him. They threatened his job.

  “When he came in to do his deposition last week, he was a mess. In spite of all the pressure he faced, he still believed in your practice strongly enough to proceed as your expert witness.