It's Nothing Personal

by Gorman MD, Sherry

  “In good conscience, we could not put him or his career in jeopardy. We are also concerned that the damage done to him by the Tribune’s article would lessen his credibility. There was no choice – we had to let him go.”

  For a moment, Jenna forgot about herself and what this ordeal had done to her. To see what it had done to someone who was merely on the sidelines left her saddened and repulsed. She felt guilty for bringing Dr. Ramano into this, even if she was not directly responsible.

  “What does this do to our case?”

  Jim replied, “I don’t see it as a huge blow. We still have Dr. Muzzani, who makes a great expert witness.”

  Jenna was not completely convinced. It seemed like things were falling apart.

  “Anything else?” asked Jenna, silently praying for the bad news to end.

  Jim cleared his throat. Jenna could hear the clicking of his keyboard in the background. Once the clicking ceased, he said, “We got a letter from Allison Anders today. It’s a posturing letter and nothing more, but you should know about it.”

  “Go on,” Jenna grumbled into the phone.

  “I’ll email you a copy as soon as we hang up, but it basically advises us that you could face punitive damages in excess of your one million dollar policy limit. Anders felt obliged to remind us of the dire ramifications to you personally if the jury finds in favor of exemplary damages. This letter is intended to scare you. Don’t let it. As we’ve discussed before, this is not a punitive damages case. No judge would see it that way.”

  CHAPTER 63

  Lyle Silverstein and Allison Anders huddled at a back table in a dark, obscure tavern in lower downtown. Each of them sipped on a glass of scotch. There were a few other patrons scattered throughout the bar, but since it was mid-afternoon on a Tuesday, the tavern was not yet crowded. In the somber atmosphere, Lyle and Allison blended into the scene. Neither of them spoke a word to the other. They were each lost in their own thoughts.

  The front door to the bar opened and a large man sauntered in. Only his silhouette was visible as the daylight illuminated him from behind. The door closed, and the man’s presence darkened, melding into the surroundings. He exchanged glances with no one. Purposefully, he strode over to Lyle and Allison. Lyle covertly motioned to the bartender to bring their guest a scotch.

  “Grant Hastings!” said Lyle with warmth and familiarity, as he shook the man’s hand.

  Lyle was a man of considerable stature, but Grant Hastings clearly outsized him. In the grasp of his acquaintance, Lyle’s bulky hand seemed feminine and small.

  Allison sat back and quietly watched the exchange.

  “Grant,” Lyle announced, “I’d like to introduce you to one of our shining stars, Allison Anders. Allison, Judge Hastings.”

  Appearing infinitely confident, Allison was poised, polished, and intensely focused. Firmly, she exchanged a handshake with the Chief Justice for the Thirteenth District Court. Although the judge dwarfed her in both physical presence and professional rank, Allison never demonstrated any hint of weakness or intimidation. By the time the introductions were completed, Judge Hastings sat down and took a drink of the scotch that had been placed in front of him.

  “Good stuff,” he said.

  “Nothing but the best,” replied Lyle with a sinister grin.

  The judge’s expression turned stern and serious. “Okay, Lyle. Let’s cut to the chase. I know you must need something on a large scale for you to lure me out of my chambers during the middle of the day.”

  Lyle also preferred to avoid wasting time on idle chitchat. The three of them sat clustered around the table. Lyle quickly glanced around. Nobody was paying them any attention.

  “We have a sticky situation, and I need your help. The hep C cases. As you know, we are representing the bulk of the patients. St. Augustine is making it well worth our while to make the cases against the anesthesiologists go away quietly. The hospital can’t afford any more press. But we have a case coming up with an anesthesiologist who seems to have a wild hair up her ass.”

  Grant Hastings knew the cases well. They had all been filed in his court. He was acutely aware of how close the case in question was to going to trial.

  “This troublesome doctor,” asked the judge, “what’s her name?”

  Allison snatched the opportunity to become part of the conversation.

  “Her name is Jenna Reiner. So far, Your Honor, our efforts to convince her that settling would be in her best interest have only seemed to further motivate her to pursue a trial. She’s truly an enigma. On the outside, she seems unworldly, weak, and vulnerable. We thought she’d be one of the easiest to bring down, but we were wrong. Dr. Reiner is irritatingly unshakable.”

  “Judge Wilson was supposed to preside over her case . . . until he recused himself,” Judge Hastings recalled. “It’s interesting he forgot about his wife’s surgery and potential exposure to the virus, until now.”

  “Yes, it is interesting,” said Allison.

  Judge Hastings took a moment to sip his scotch. He did not respond to Allison as he glanced from her to Lyle. The two men had once been friends – close friends, in fact. Until the day Lyle came home early from work to find Grant Hastings in Lyle’s bed, with Lyle’s wife.

  Back then, in his youth, Lyle’s career meant much more to him than his trophy wife or his dispensable friend. He could have easily divorced his wife and left her penniless. Likewise, he could have confessed the affair to Mrs. Hastings, ruining Grant Hastings’ marriage and reputation. Instead, Lyle viewed the affair as an opportunity – an opportunity for future blackmail.

  Over the course of his career, many other “opportunities” had fallen into Lyle’s lap. He patiently stored each and every one of them, like pennies in a piggy bank. When necessary, Lyle would use his stash of secrets to achieve his goals.

  Today, Lyle intended to use the affair against his old friend. Grant Hastings realized as much when Lyle had called him for the meeting. The judge also appreciated how dangerous Lyle Silverstein could be if he were crossed. For years, Grant Hastings feared this day – the day he would have to make a deal with the devil himself in order to bury his past.

  Grant asked bluntly, “What is it that you want?”

  Lyle never took his gaze off Grant. “A one hundred percent guarantee that this case never makes it to trial.”

  Grant Hastings was an extremely intelligent man and a talented judge. Throughout his career, he had seen defendants come and go in medical malpractice cases, and he knew their breaking points. So far, Dr. Reiner had withstood the typical tests. Even the beating she had taken in the press had not caused her to back down.

  Judge Hastings recognized Jenna Reiner as a woman of principle, as those are the only ones that make it this far. However, he also knew that even the most determined defendants are unanimously intimidated by one thing – the threat of personal financial exposure.

  Grant took another sip of his scotch. Looking Lyle directly in the eyes, he said tersely, “You want punitive damages, I presume.”

  Lyle nodded. “Dr. Reiner has a husband and a young daughter. I think she’s willing to risk a lot, but not her family’s future. Certainly not her precious daughter’s college fund.”

  Grant looked down into his near-empty scotch glass. “You’ve got a problem, Lyle. This is not a punitive damages case. It’s a tough sale.”

  Lyle Silverstein smirked as he went in for the kill. “Maybe it’s a tough thing for a younger, more inexperienced judge to allow into trial. Our argument in our motion is very compelling. I think a more experienced, senior judge might see things differently.”

  “You want me to preside over this case?” Saliva caught in the back of the judges’ throat, provoking him to cough.

  Lyle did not respond. To him the answer was obvious.

  Grant Hastings sat back in his chair. For the judge, there was no option. He regarded his ex-friend with a mixture of respect, disgust, and fear.

  Glaring at Lyle, Judge Ha
stings said, “Then, we’re even.”

  Lyle held up his glass and gestured a toast. “Even.”

  CHAPTER 64

  At 10 a.m. on Wednesday morning, Jim and Nancy called Jenna. Nancy barely allowed Jenna time to say hello before she started speaking.

  “Jenna, the strangest thing just happened. A new judge has been assigned to your case. You’re getting the big Kahuna! Judge Grant Hastings.”

  “Nancy,” Jenna said impatiently, “his name means nothing to me. You’re going to have to fill me in. Is this good or bad? What does this all mean?”

  “Judge Hastings is the Chief Judge for the Thirteenth District Court. He rarely presides over cases, but apparently he’s decided to take on your case. He’s a good judge, Jenna. We actually could not have done any better.” Nancy sounded euphoric.

  “What does this mean for our schedule? We’re less than two weeks away from the scheduled trial date,” Jenna said, biting her lower lip.

  “We’ve also learned that Judge Hastings intends to keep our trial on schedule.”

  Jenna exhaled loudly. The words brought more relief to her than her lawyers would ever know. The end was in sight, for better or for worse.

  Nancy continued, “As the Chief Judge, he’s aware of all the cases in his court, yours included. He won’t be starting from scratch in an attempt to familiarize himself with your case. Also, he’s stated that he will rule on all motions for your case by next Monday. He’s not messing around. We’ll be working all weekend to get things ready, but at least this judge seems like he’s on it.”

  Jenna perked up. Nancy’s enthusiasm was contagious. Maybe things were finally falling into order. Maybe things would actually go her way.

  CHAPTER 65

  Judge Hastings sat alone in his elegant chambers. The sunlight from the early morning sky crept in through the windows, casting a yellow glow across the room. In front of Judge Hastings lay a stack of motions for the case of Michelle Hollings v. Dr. Jenna Reiner. Of the numerous arguments in front of him, only one mattered. Grant Hastings genuinely detested what he was about to do.

  He picked up a picture of his wife from his desktop. After thirty years of marriage, Julie still took his breath away. She was kind, loving, selfless, supportive, intelligent, and sexy. To Grant Hastings, his wife was absolutely perfect. Julie was the love of his life.

  The judge thought back to the affair he had with Lyle Silverstein’s wife, so many years ago. He and Lyle had both been young stars, quickly bounding the stairway to enormous success and wealth. Grant met Alicia Silverstein at a black-tie affair. He found her exotic and intoxicating. Subconsciously, Grant also knew that part of Alicia’s allure was about taking something that belonged to Lyle. Grant and Lyle had been friends, but very competitive. The act of ravaging Lyle’s wife was the ultimate power trip. One thing led to another, and Grant Hastings found himself in a full-blown affair with Alicia Silverstein.

  The day that Lyle caught Grant and Alicia in his bed had been a wake-up call for the judge. He feared losing everything, which to him meant only one thing – his wife. The guilt of what he had done never stopped haunting him. Grant Hastings never again violated his wedding vows. In fact, the judge spent every waking moment of his life since that fateful day making it up to Julie, secretly paying for a sin that he prayed his wife would never discover.

  Grant’s mind wandered to the other woman in this dilemma, Dr. Jenna Reiner. Over the weekend, the judge watched Jenna Reiner’s entire seven-hour deposition, curious about this woman who refused to give up. His impression was that Jenna Reiner was an ordinary, honorable person caught up in a terrible situation. He felt genuine empathy for her as he read the article from the Tribune. Grant was disgusted by the one-sided slant, and he knew it came directly from the mouths of Silverstein and Anders. Nobody deserved that kind of public humiliation, most certainly not this woman.

  Grant placed his hand on the motion for exemplary damages, as he considered the merits of the case. From his experience, he estimated Jenna Reiner had about a fifty-fifty chance of being cleared of any medical malpractice.

  Judge Hastings tried to justify what he was about to do. Maybe, he reasoned, he would be saving Jenna Reiner from herself. By forcing her hand into settling the case, perhaps Grant could spare Dr. Reiner the demoralization of a very public and high-profile trial.

  Over the years, Judge Hastings observed countless physicians sit in his court, for weeks on end, as plaintiff’s attorneys scorned and chastised them in front of strangers. He saw firsthand the damaging effects as physicians’ integrity and honor were destroyed. Day by day, he’d watch dark bags grow underneath the defendants’ eyes. He would see their shaking hands and their sinking souls.

  Grant studied the picture of his wife. Sometimes, he thought, others must be sacrificed for the benefit of another.

  Picking up the motion for punitive damages, Grant started reading. By any standard, the motion was biased and inflammatory. It was a ruthless attack on Dr. Jenna Reiner. Yet, at the same time, the argument was very persuasive.

  Although Lyle Silverstein was a cold-hearted bastard, he was incredibly gifted when it came to the practice of law. Lyle and his sidekick, Allison Anders, had drudged up prior rulings which strongly supported their motion for the inclusion of exemplary damages. By virtue of Lyle’s genius and tenacity, things had become easier for Judge Hastings. Regardless of being blackmailed, the argument in the motion was so compelling, Judge Hastings was inclined to grant it. Even so, he felt no less shame for what he was about to do to an innocent doctor.

  CHAPTER 66

  January 23, 2012

  Less than a week had passed since Judge Hastings officially took over Jenna’s case. All motions had been filed, including Allison’s motion to add exemplary damages against Jenna. Jenna’s nerves were frayed as she and her attorneys awaited the judge’s ruling.

  Desperately wanting to escape reality, Jenna decided to take the day off. She planned to spend the time indulging herself. She had definitely earned it. At 9 a.m., she dropped Mia off at school and headed to the spa for a massage. The rubdown helped Jenna feel relaxed, pampered, and special.

  Later that morning, Jenna returned home to shower. Stepping under the showerhead, Jenna delighted in the hot, steamy water beating down over her body. Closing her eyes, she let the water run over her head. She felt completely at ease, her mind filled with nothing. There were no thoughts of Michelle Hollings, hepatitis, man-eating attorneys, or court dates. Jenna was savoring her brief interlude with inner peace when she heard the phone ring. She counted the rings – one, two, three, four, and finally, five. When she stepped out of the shower, she thought she heard her cell phone ringing in the kitchen. There was no denying it. Someone was intent on reaching her.

  Jenna wrapped a towel around her head and ran naked into the kitchen to check her phone. She had not received only one phone call. Jim and Nancy had called her several times. There was an ominous text message from her attorneys, “Call us immediately.”

  Reluctantly, Jenna placed the call. She dialed Nancy’s direct line and was immediately placed on speaker. Jim was already present. Something serious was happening.

  “Jenna,” said Jim flatly, “we need to see you. How soon can you come in?”

  “What’s going on?” asked Jenna, her wet body dripping on the kitchen tile.

  “We’d prefer to discuss things in person. How soon can you get here?” Jim’s demeanor rattled Jenna.

  Jenna looked up at the clock and quickly calculated the time it would take her to dress and drive downtown. “I’ll be there in an hour.”

  “Good,” said Jim. “And we’d like your husband to come with you.”

  Jenna thought about asking why, but correctly assumed Jim would not tell her.

  “We’ll be there in an hour,” Jenna said numbly.

  Hanging up, Jenna felt dead inside. She suspected she was being summoned to her own execution.

  Jenna called Tom and told him about the
phone call.

  “What do you think this means?” he asked. “They’ve never wanted me involved before.”

  “I have no idea, but it doesn’t feel good. I’ll pick you up in thirty minutes. I gotta go get dressed.”

  Jenna did not wait for Tom to confirm if he could come. There really was no choice, for either of them.

  CHAPTER 67

  Jenna and Tom entered the offices of Moore and Everett. For Jenna, the surroundings were intimidating, but familiar. In contrast, for Tom, everything was foreign. As soon as they entered, the receptionist buzzed Jim to announce their arrival. In less than a minute, both Jim and Nancy approached. Both attorneys appeared gravely serious. Jenna introduced Tom, and Jim and Nancy escorted them back into the meeting room.

  Jenna rounded the corner and was stunned to see Walter Morey seated at the conference table. Puzzled, Jenna looked from one attorney to the other and then the other. “Walter? What are you doing here?”

  Jim interrupted. “Jenna, why don’t you and Tom take a seat? We asked Walter to join us. At this point, you need advice from your personal counsel, in addition to us. Also, Randy Stevens is on the line.”

  “Hi Jenna, thanks for getting to Jim’s and Nancy’s office so quickly,” Randy’s voice boomed from a speaker placed in the center of the table.

  Jenna sat down, terrified. Her mouth became dry, and she felt slightly woozy.

  Tom took the seat next to her.

  “What’s going on?” she demanded.

  Under the table, Tom put his hand on Jenna’s thigh – a reminder that he was there for her. It did little to help.

  Jim took the lead. “We were informed this morning that Judge Hastings has made a ruling on the claim for exemplary damages.”

  Jenna felt the room spin. Everyone was watching her for a reaction. A wave of nausea flooded over her. She could not breathe, the air was too thick to draw into her lungs. Tom instinctively reached across the table for the pitcher of water and poured them each a glass. Jenna had to grasp it with both hands in order to take a sip.