“The witness stated that he did not obtain drugs from an outside source," Cox stated. “The question was asked and answered."
“And addicts never lie," Pratt sneered.
“Mr. Pratt," the Judge said, pointing a finger in his direction, “I’m warning you. One more outburst like that and I’ll hold you in contempt."
“Yes, your Honor," Pratt said calmly. The point had been made, and he was sure the judge had understood his message.
“Mr. Carter," the attorney continued, “did you say you had been taking this medication for four years?"
“I did."
“And can you tell the court what you were taking this medication for?"
“As I already stated,” Brian said, feeling his patience melting away, “I was taking it for anxiety and difficulty sleeping."
“And what was your diagnosis?" Pratt interjected.
“I believe it was Generalized Anxiety Disorder."
“Well, that’s a very serious condition, isn’t it?"
“Objection," Cox interjected. “The witness is not a doctor."
“Sustained."
“How long have you had this condition?" Pratt continued.
“A little over four years."
“And in four years, how many doctors have you seen?"
Brian looked over at Cox, who nodded at him to answer the question.
“Three," Brian stated.
“Three doctors," Pratt repeated incredulously. “Why so many?"
“Because the first two wanted to send me to a psychiatrist."
“And you didn’t want to do that?"
“No, I didn’t," he confirmed.
“What made the third doctor acceptable?"
“He provided me with a medication," Brian said, feeling defeated.
“And if you hadn’t gotten what you wanted from the third doctor, you would have moved on to number four. Isn’t that true?"
“I’m not sure what I would have done," Brian answered quietly.
“Nothing further," Pratt announced, happily. Brian looked down at his hands in despair. How could he explain the emotional process that had led him to his addiction, when he was only now coming to grips with it himself?
“Your Honor," Brian said, “Can I make a statement?"
“This is an informal hearing," the Judge explained. “Make your statement."
“No one willingly walks into an addiction or even sees it coming," he began. “You believe that doctors know what they are doing, and if you feel some relief as a result of what they prescribe, you aren’t likely to question the solution. I think that sedatives are the deadliest of all the addictive substances because as they are slowly and systematically altering your brain, you feel nothing. I didn’t feel one moment of discomfort or dependence. Alcoholics and cocaine addicts can see the effect the substance is having on them. Sedative addicts see and feel no change, except the ability to sleep at night. The reality of what has happened to us doesn’t hit us until after the damage is done. We are outraged at the doctors that kept prescribing the poison to us month after month. We are furious at a government organization that has failed to warn or protect us. We are baffled at how the drug companies have managed to get away with this for so long. But we are most of all humbled by the whole experience. My ability to function and be the person I was has been taken away from me, and the only one I really have to blame for that is myself. There can be no medication solution to a life problem. I should have known that. I do now.”
“Thank you, Mr. Carter," the Judge concluded, giving Brian a sympathetic nod. “You may step down."
“Your Honor," Pratt said, coming to his feet, “at this time, we would like to introduce a witness in response to Mr. Carter’s testimony.”
“Proceed," the judge directed.
Pratt nodded to one of his assistants, who walked to the back of the room and through the door. The courtroom was silent as the argument in the hallway outside began to increase in volume. A woman was very clearly upset and unwilling to enter the courtroom. After several minutes of unsuccessful debate, the young attorney entered the room with a very bewildered look on his face.
“Bailiff, please accompany plaintiff’s attorney and retrieve the witness," Grover directed.
After several more minutes of angry yelling in the hallway, the door swung open, and a hand cuffed Pam Carter angrily entered the room. Her hands were secured behind her back, while the bailiff held her firmly by one arm, leading her to the front of the room. Brian sat on the sidelines watching his wife fighting to pull her arm away from the bailiff. If the scene weren’t so tragic, it would have been funny.
Pam Carter fought all the way to the front of the room and stood before the judge red-faced and out of breath. The clerk attempted to swear her in; however, instead of agreeing to tell the whole truth, etcetera, the clerk received a “Bite me’ instead.
“Mrs. Carter," the judge said calmly. “You will either cooperate with these proceedings or spend the night in jail."
“Fine," Pam said angrily.
“Does that mean that you will agree to be sworn in?"
“Whatever," she responded.
“I’ll take that as a yes," Grover said with a slight smile.
A few people in the courtroom laughed, causing Pam to spin around. She suddenly found herself face to face with her husband, who was looking at her in disbelief. Shrugging him off, she turned back around to face the judge. Again the clerk attempted to swear her in. This time she responded with a weak acceptance and took the stand.
“Mrs. Carter," Pratt began, “can you please tell the court what your relationship is to Brian Carter?"
“He’s my husband," she mumbled.
“And how long have you been married?"
“Twelve years," Pam announced flatly.
“During that time, have you ever observed your husband over reacting to an illness?"
“It’s possible," she mumbled.
Pratt had expected her to down-play her testimony as much as possible and was prepared for her vague responses.
“Possible?" he repeated. “Then tell me, Mrs. Carter, have you ever thought that your husband complained of an illness, when indeed nothing was actually wrong with him?"
Pam looked out over the courtroom and made eye contact with Brian. Her gaze was cold and foreign to him. Who was this woman, deliberately tearing down his integrity?
“It appeared that way to me," she answered vaguely.
“Can you give us an example?"
“Not really," she said, folding her arms over her chest.
“And why is that?" Pratt asked.
“Can’t remember," she said cryptically. The attorney had been waiting for the opportune moment.
“Well, perhaps this will jog your memory," he said happily, and accepted the paper an assistant was holding out for him. “Mrs. Carter," he began. “Can you identify this document?" Pam just nodded.
“Mrs. Carter," the Judge advised, “you must verbalize your answers."
“Yeah," she stated flatly.
“Is this an affidavit signed by you?"
Another “Yeah” was offered.
“Then will you please read the highlighted area for the court?" Pratt instructed.
Pam stared at the paper as though it was going to explode in her hands.
“On several occasions, and especially in the last few months, I have observed Brian Carter complaining of extreme and unusual symptoms. The alleged illnesses, however, have not affected his ability to function in any way. It is this contradiction in his behavior that has brought me to the conclusion that the symptoms must not have been real, but rather imagined by a hypochondriac."
“Objection," Cox shouted. “This woman is not a
psychiatrist, and therefore in no position to diagnose Mr. Carter."
“Your Honor," Pratt interjected. “We are not attempting to establish a diagnosis. This affidavit is merely providing a wife’s observations."
“I’ll allow it as an observation only," Grover ruled.
“Mrs. Carter," Pratt continued, “will you now read the second highlighted area?"
Pam scanned the dreaded material before proceeding.
“Brian Carter has seen numerous doctors over the past four years. In each case, he would refuse to return if a doctor suggested psychiatric treatment. This repeated occurrence by numerous physicians confirmed to me that his issue was psychological and not physical."
“Same objection," Cox said, tiredly.
“Overruled, under the same premise," the Judge stated, “but you are walking a thin line, Mr. Pratt."
“Sorry, your Honor," Pratt said sincerely. “We are simply trying to shed some light on the questionable and subjective testimony of Mr. Carter."
“Fine," the judge concluded. “I believe that you have taken the subjective train as far as it will go. Is there anything else for this witness?"
“No," Pratt stated.
“Your witness," Grover directed.
“Mrs. Carter," Cox said, staying seated. “How much have you been paid for this testimony?"
Pam pretended to calculate the amount in her head.
“It will be a total of forty thousand dollars," she stated.
“And what do you mean when you say ‘it will be’?”
“I received ten thousand for my sworn affidavit, and I will receive an additional thirty thousand for the combined waive of deposition and testimony today."
“Sounds like good incentive to say anything," Cox observed.
“Objection," Pratt interjected.
“Withdrawn," Cox said, waving her hand at the witness dismissively as she would an annoying fly. “I have no further questions for this woman." The word “woman” was said with distain.
Pam left the courtroom and Brian knew he would not see her again. Oddly, he was okay with that. She had ended their marriage for forty thousand dollars.
“We have time for one more witness today," the judge announced. “Ms. Cox, you may proceed."
“I would like to call Dr. Bradford to the stand."
Quietly, the bailiff opened the back door and repeated the request to the corridor. The doctor walked calmly up to the front of the room to be sworn in. “Dr. Bradford," Wendy began, “can you please tell us about your specialty as a psychologist?"
“I am a forensic psychologist."
“And what is a forensic psychologist?"
“I evaluate the emotional state of an individual as it pertains to a court proceeding," the doctor explained. The attorney nodded.
“And did you evaluate Brian Carter for presentation in this court case?"
“Yes, I did."
“What were your findings?"
“I found Brian Carter to be completely oriented and rational."
“And what brought you to this conclusion?" Cox asked.
“He did not offer anything that could be interpreted as imaginary or unfounded.”
Cox was satisfied with this statement. It was precise and left little to the imagination.
“No further questions," she concluded.
“Your witness," Grover directed.
“Dr. Bradford," Pratt began, getting to his feet. “How much time did you spend with Brian Carter?"
“About an hour," Bradford offered.
“And in that short space of time you were able to come to that conclusion?" Pratt questioned, suspiciously.
“Yes," the doctor confirmed. “That is what doctors do."
There were a few chuckles from the courtroom. Pratt was not detoured.
“What specifically took place during your evaluation to lead you to this amazing conclusion?"
“I asked Mr. Carter what he planned to do about his addiction. He didn’t complain about his illness or blame anyone for his situation. He simply stated that he was going to have to deal with it."
When no additional information was given, Pratt made a grand gesture of waiting in silence. After an awkward void in the proceedings, he said, “And that’s it?"
“Yes,” Bradford agreed. “Hypochondriacs do not report their symptoms accurately. They exaggerate or fabricate their illness. Further, there is usually someone to blame for their predicament. In the hour I spent with Brian Carter, he presented factually and objectively. True hypochondriacs are not capable of interacting in this way."
Pratt was backed into a corner. He had not succeeded in discrediting the evaluation, nor did he have a psychiatrist of his own to disagree with Bradford’s testimony. He had assumed that Pam Carter’s input would create enough of a question in the Judge’s mind. But she had been unconvincing, to say the least. He only had one last bullet. “Dr. Bradford," Pratt continued. “Are you a psychiatrist?"
“No, as stated originally, I am a psychologist."
“I see," Pratt said, nodding slowly. “Then you are not a medical doctor and therefore unable to prescribe medication. Is that true?"
“It is."
“Then is it also true that you are not qualified to evaluate the effect of medications on a patient?"
“Technically, that is also true, but…”
“Thank you, Doctor," Pratt said, cutting off his explanation. He had gotten what he had gone after. “Nothing further."
Wendy Cox was standing. “Dr. Bradford,” she stated, “what medical conditions are psychologists legally able to evaluate?"
“We are able to assess the psychological effects of a medication on a patient."
“Thank you, Doctor."
“You may step down," Grover directed. “We’ll continue with this at nine AM. And on that, ladies and gentlemen, we’re adjourned."
Wendy patted Brian on the back. He looked up her sadly. “What is that long face for?" she asked.
“This was a lovely experience," he sighed.
“Yes," she agreed, “but you did great. Stop worrying."
Everyone shuffled out of the courtroom. Pratt and his cronies were laughing loudly about some funny remark. “Asshole," Wendy said quietly, and escaped through the back door.
The following morning, Pratt was accompanied by the same entourage. He knew the judge didn’t approve, but he liked using intimidation. He looked over at the defense attorney. Wendy Cox sat by herself, looking very outnumbered. He was pleased with the image.
“Is the defense ready to proceed?" Grover directed. Wendy had thought about bringing on Terry Sanders’ wife. Her testimony would restate much of what Brian Carter had already said. The most obvious cross would consist of the fact that not only was her testimony hearsay, but that she wasn’t even living with Terry at the time of his drug use. Wendy would save that card. She needed to cut to the chase.
“Your Honor, the defense calls Dr. George Donovan to the stand."
Cox looked over at Pratt and could actually see the veins sticking out of his neck. He couldn’t object to a surprise witness. It was only arbitration. Donovan emerged from the back of the room and walked confidently up to the stand. While being sworn in, he could feel Pratt’s cold hard stare. He did not make eye contact.
“Dr. Donovan," Cox began. “You are a medical doctor, is that correct?”
“I am.”
“And as a medical doctor, are you able to prescribe medications and evaluate their effect on patients?"
“Of course," Donovan said.
“Well, that should please my colleague," the attorney announced. Pratt sat glaring at the good docto
r. “We are all aware that you provided Dominex’s research volunteers with some follow up medical treatment,” Cox continued. “Can you please describe to the court the nature of that treatment?”
Donovan cleared his throat and sat up in the seat. He had been waiting for this moment, ever since Dominex had all but ruined his practice and then abandoned him.
“The patients referred to me by Dominex were in sedative withdrawal," the doctor began.
“Can you describe what you mean by sedative withdrawal?"
“Yes. In each case the patient had been taking Valipene longer than the safe period of a few weeks. Over an extended period of time the drug will over-stimulate the part of the brain that provides natural sedation. As a result, the brain’s function becomes damaged. When the patient stops taking the drug, they no longer have the balance that that part of the brain provides, and the person experiences a state of anxiety or over stimulation."
Cox nodded. They had worked on a layman’s description and Donovan had done a good job of simplifying a very complex answer.
“And what are the symptoms of sedative withdrawal?"
“Weakness, dizziness, extreme fatigue, cognitive impairment, anxiety, panic attacks, insomnia, and exaggerated fears, to name just a few."
“All of that, just from stopping the drug?" the attorney asked incredulously.
“Yes," the doctor confirmed. “You see, in any addiction there is what we call the ‘rebound effect.’ The withdrawal symptoms will mirror the opposite effect that the drug provided. Unfortunately, the symptoms are not only opposing, but greatly exaggerated.”
“Thank you," Cox said. “Now, can you tell us how you treated these unfortunate victims?"
“Objection," Pratt bellowed, “counselor is dramatizing. There has been no indication of a crime here."
“Sustained," the Judge said.
“For these patients," Cox said sarcastically.
“I was instructed to provide the volunteers with the new sedative, Suprame, to stabilize them.”
“And were you given a reason for this tactic," Cox interjected.
“Dominex wanted to minimize the difficulty these patients were having so that the outcome of the study would be beneficial."
“So, we may gather from this that the company was well aware of the damage these sedatives had caused their volunteers, isn’t that correct?"
“I think they were somewhat surprised at the magnitude of the problem, but yes, they were entirely aware of the situation by the time these patients were referred to me.”