“Thank you, Doctor, I have nothing further."
Pratt made the distance to the witness in three long strides. “Dr. Donovan, can you please explain the nature of your practice?"
“I provide a family practice," the doctor stated.
“Really?" Pratt asked incredulously. “And if the court were to subpoena your records, I guess they would find that your patients are all nice normal family people."
“Objection," Cox interjected.
“Withdrawn," Pratt said. He knew full-well that Donovan’s patients were all street addicts, but had no way of proving that today. This man’s appearance had been a surprise. “And what proof can you offer this court that Dominex instructed you to treat these patients with sedatives?" the attorney added.
“My word," the doctor said indignantly. Pratt wanted to tear this drug dealers head off, but could not think of how to do that with any credibility.
“Your Honor," Pratt said, “request side bar?"
“Approach," the Judge ordered. Cox and Pratt both came forward.
“Your Honor," Pratt continued, “this witness’s testimony is unfounded, but I need a day to provide proof of that.”
“I’ll do you one better," Grover offered. “This witness may step down, and I’d like to see both attorneys in my chambers. Mr. Pratt, you will leave your entourage outside."
Donovan stepped down and walked through the courtroom, crossing paths with Pratt. “You screwed with the wrong guy," the doctor said in passing, but only loudly enough to be heard by Pratt.
“It’s not over yet, asshole," Pratt returned, as he marched past the doctor.
All three went quietly into a smaller room. “Be seated," the judge directed. Grover had heard enough. There was no doubt in his mind that Dominex had done everything the newspaper had reported, and probably more that had not yet been revealed. “Mr. Pratt," he began, “I strongly recommend that you stop wasting the court’s time. From the testimony provided so far, I find the newspaper to have been responsible and fully within its rights under the first amendment.”
“I can provide additional information that will show Doctor Donovan to be an unreliable witness," Pratt said defensively.
“If you do that," Grover warned, “I will be ordering a complete investigation of the Doctor’s practice as well as the antics of your company for the past thirty years."
Pratt quietly weighed the benefit of pursuing a trial versus the consequences of moving forward. The company needed to show an active objection to the article, and a retraction by the paper would have cleared any real suspicion about their current activities. But he really didn’t think that Dominex would want the publicity of the next damaging phase of this process.
“I will advise my client of your recommendation," Pratt said tactfully.
“You do that," Grover agreed. “I’ll expect their decision by ten in the morning."
Both attorneys left the judge’s chambers quietly.
“Have a nice day," Wendy offered in passing. She couldn’t help throwing in one last shot. The guy was such a conceited weasel.
Chapter 26
“That son of a bitch," Sam said, getting up to pace. “Who the hell does he think he is? By implicating us, he implicated himself."
“Yes," Pratt agreed, “but the hearing was for the purpose of determining the validity of the newspaper article only. The doctor’s actions were not an issue."
“It should have been the issue," Charles piped in.
“Well, actually," Pratt continued, “it probably will come back to bite him. He’s currently under investigation, and the Judge’s recommendation will be additional support for the allegations made by Carol Freeman."
“So, he’ll hang eventually," Sam added, “but how does that help us now? We can’t have an internal investigation. That’s out!”
“How sure are we of getting FDA approval?" Pratt questioned.
“The data is pretty tight," Jeff interjected.
“We might have to drop this suit and wait for the FDA report. Once we have it, we can schedule a press release and that should sufficiently squash the article. Remember, reality is subjective. People trust the FDA. An approval from them is the universal stamp of reality.”
“Worst case scenario," Jeff added, “is that we will have to provide warnings about taking the medication longer than ten days."
“Our profit projections rely on long term use," Sam countered. “That would be a bloody last ditch effort."
“Fine," Pratt concluded. “Then if we are in agreement, the Judge gave us until ten o’clock to respond. It’s almost that now."
Everyone looked around the room in silence. They had been walking on thin ice for a long time now, and the whole drama was about to come to its final conclusion.
“We really have no choice," Sam said finally. “If this judge is planning to order an investigation if we proceed, it’s over."
Everyone nodded in agreement.
“I’ll go make the call," Pratt concluded and walked out of the conference room.
“So, what should we do about Donovan?" Jeff inquired.
“I say we do nothing," Sam stated. “Sounds to me like his payoff is coming, without our help."
“Good," Jeff agreed. “I will deliver the data myself on Friday."
“Nice touch," Sam said. “Maybe we should bring Manning some flowers, too."
“Couldn’t hurt," Jeff added. “Apparently money and hookers have no effect on the man. Maybe he’s the nature type."
“Can we get back to work now?" Charles asked tiredly.
“Absolutely," Jeff answered, getting to his feet. “I have medication bottles and labels to order. The production line is almost ready, too."
“Can’t believe it’s finally happening," the CEO said, as he followed the other two out the door.
* * * * * * * * * * * * * * * *
There was a small party going on at the Atlanta Journal Constitution. Jason Sample and Sandra Jenkins were toasting their victory with sparkling apple cider. They had a full workday ahead of them. Wendy Cox had a shot of the good stuff. It was a very old and expensive brandy that she had received as a gift when she had passed the bar exam. Her tradition had always been to toast every victory with a small shot glass of the stuff she called “liquid gold.” Wendy held up her shot glass and announced, “To the AJC, may it wreak havoc forever." Everyone held up their glasses. This had been a battle of wits from the beginning and the AJC had been lucky to have Wendy on their side. The victory was combined with just a little humility. They had run off, halfcocked, without anything signed, and had come very close to having to print a retraction as a result of their arrogance. That was the worst kind of defeat for a newspaper.
“Here’s to the follow up story," Sandra toasted.
“Yeah," Jason agreed. “We’ll call it, ‘FDA Approves World Wide Addiction.’”
“Over my dead and buried body," the attorney said. “The next story about Dominex will be titled, ‘Reporters Run Amuck Just Before the Fatal Stabbing.’"
Brian Carter quietly sat off to the side, smiling at the antics of the two reporters. “You guys did a great job," he said.
“Hey, you did a great job too," Jason added.
“I don’t know," Brian said reflectively. “This whole thing was hard enough to believe as the victim. I wonder how seriously the rest of the world will take it."
“Seriously enough for the Chicago Sun Times to consider picking up the story," Sandra interjected.
“Yeah, it’s pretty intriguing stuff," Brian agreed. “But will people remember this six months, or a year from now? What about the poor soul who didn’t read the article that day? Will they know enough to thro
w the sedative prescription in their doctor’s face when he tries to put them on Suprame for a bad back, or a stressful family issue?"
“One day at a time," Jason said, patting Brian on the back. Sandra handed him a glass of apple cider.
“Come on," she added. “Today was a victory. Hang on to that for a while."
* * * * * * * * * * * * * * *
Sheila walked into the conference room doorway and looked up and down the hall before closing the door. It was only lunchtime and she was taking a big chance that no one would see her. Sliding under the conference room table, she removed a small tape recorder that had been secured there. The tape had long since ended and the machine had automatically clicked itself off. Thank God the meeting hadn’t gone on long enough for the tape to end and announce its presence to the group. Pocketing the tiny box, she entered the hallway. Still no one around. Dominex’s management loved their long lunches.
She quickly walked back to her own office and closed the door. “So what’s the plan?" she said out loud, as she rewound the tape. After the box clicked, she pushed the play button and listened to the entire conversation of that morning. They were proceeding with their plan. Clearly, they had no concern about her. That was good.
Chapter 27
Finally, Friday had arrived and the study team went over the final data.
“Everything is in place," Jeff stated.
Sam nodded in agreement. “Go ahead and take this over to Manning."
Jeff stood up to leave.
“And Jeff," Sam added, “try and act humble."
“Sure. I’ll be Miss Congeniality."
Charles had eagerly provided his car and driver for this great mission. All of Jeff’s hard work had come down to an hour of luxury. He allowed the driver to open the door for him, as he slid into the spacious back seat of the CEO’s car. The driver did not have to ask where they were going. He had already been given complete instructions. As they pulled away from the curb, Jeff began to take in the interior of the car. The plush leather and sound system alone must have been an expensive add-on. There was a small portable bar that extended down from the back of the driver’s seat. Jeff helped himself to a tiny glass of brandy. He was a little nervous about this encounter.
From what he had been told, Manning was not going to be user-friendly. The brandy burned his throat on the way down, but he could feel himself starting to relax. Traffic was pretty light for mid-day Atlanta and the car made the trip in less than twenty minutes. “Would you like a breath mint?" the driver offered.
“As a matter of fact, that’s not a bad idea."
On his way into the building, he thought, Breath mints must be standard gear. He rode the elevator up to the top floor and found his way to David Manning’s office. After announcing who he was, Jeff was instructed to take a seat while the secretary announced his arrival. “I have a Jeff Edwards from Dominex Pharmaceuticals to see you." The woman listened for a moment and then hung up. “He’ll be with you shortly."
Jeff occupied the time by reading some literature about the FDA that was sitting on the table beside him. The brandy had done its job and he only really grasped about five percent of what he was reading. Thirty minutes later he had gotten all the way through the boring document and set it back on the table. This was pay back from Manning. Oh well, if this is as bad as it gets, I can give him the whole day.
Forty-five minutes after Jeff had arrived he was told that Mr. Manning would see him. Jeff picked up the heavy brief case and walked into the office. “Mr. Edwards," David said, not looking up from his desk. “Have a seat." Jeff sat down and set the brief case on the chair next to him. “I believe you have something for me," Manning said, still not looking up.
Jeff couldn’t believe this guy. He had rudeness elevated to a whole new level. He opened the briefcase and handed Manning the larger of two packages. David looked up to see a thick envelope being slid across his desk.
“Let’s have a look, shall we?" he said cheerfully. Jeff was already feeling uneasy. The guy was too happy. David Manning spent the next twenty minutes silently going over each page while Jeff continued to shift uncomfortably in his chair. Finally, David looked up from the data and set his reading glasses down. “All of these volunteers are identified with numbers," he announced.
“That’s correct," Jeff agreed.
“In light of the reports we have received from other sources, and especially the Atlanta Journal Constitution, I will have to have the names of each individual before I can review this data."
Jeff and company had already assumed that Manning would demand this information. Reaching into the briefcase, Jeff handed him the second package. David Manning was presented with five hundred names and phone numbers. “Well, that was very efficient," Manning said. “I will have a decision for you sometime next week."
“Great," Jeff said, standing to shake his hand. David Manning did not respond and Jeff awkwardly put his hand in his coat pocket. He left the office wondering what was going on in the man’s head.
David Manning looked at the data in disbelief. Despite all the trouble Dominex reportedly had had with this study, the results were glowing. A minor two percent were reported to have had difficulty with the termination; however, symptoms were not conclusively connected to the stopping of their medication. David picked up his phone and waited. “Winston,” he began, “I have the Dominex data. Tell your group to meet me in the conference room. It’s going to be a long weekend.” He hung up the phone feeling charged and ready for the kill. They were not going to do spot checks. He intended to contact all five hundred volunteers, and there was no better time to reach people at home than after five and on the weekends. If there was one piece of information reported incorrectly, they would be required to re-do the entire study. Manning couldn’t wait to see them fry.
He picked up the two envelopes and headed out the door. He told his secretary to call his wife and let her know that the Dominex data had arrived. “She’ll know what that means," he explained to her. They had been discussing Dominex for months. She wasn’t going to see much of him this weekend. When he arrived at the conference room doorway, all of the five designated personnel were waiting for him.
Winston Barber had been assigned to head the review of the final data, along with four other department members. Manning had chosen him due to his past eagerness to work overtime. Winston was a hungry, twenty three year old up-start addition to the FDA. He was never opposed to working long hours or weekends, unlike the standard company issued federal workers that put in their thirty-five hours and disappeared. Manning couldn’t even fathom what the reaction would have been from most of the FDA employees, had he approached them with this weekend plan.
“Thank you all for volunteering for this project," David began. The truth was that the overtime money was only part of the incentive. David had promised each one of them a week off with pay for working through the weekend. All five people nodded acceptance of his praise. “We have five hundred phone calls to make,” he continued. “I will be here to monitor our progress." Handing the second package to Winston, he said, “We will need five copies of this list. You can divide the list alphabetically or by hundreds, it doesn’t matter, as long as each person is contacted."
Winston handed the package to one of his team, and said, “Five, please." The young man sprinted up out of the chair to get to a copy machine. “We will need very specific information. I want to know exactly how they responded to the drug termination. Words like ‘okay,’ will not be acceptable. People have a tendency to define themselves in vague terms.
It will be your responsibility to facilitate specific language. Asking them to assign their symptoms to a number on a scale from one to ten is the best way to get a sense of each person‘s response. It’s still very subjective, but it’s a better tool than descriptive words. Any questions?"
A young female employee raised a tentative hand.
“What do you want us to do if we are unable to reach someone on our list?"
“Make a note of it," David instructed. “Some of these people may be away for the weekend, et cetera. We can continue to contact those people on Monday. Anything else?" He looked around the room. “In that case, I’ll turn this over to Winston."
David headed back to his domain. The conference room had been equipped with five phones that were made accessible to David’s office for monitoring purposes. Not only could he scrutinize the volunteers’ responses, he could also supervise the way the contacts were being handled. He sat down and put his feet up on his desk. The group would need some time to get organized. He decided to spend the down time looking at pictures of his retirement cabin. The future was painted with vivid colors of David, fishing every day, and Dominex in the shitter. Life was good.
* * * * * * * * * * * * * * * * * *
Jason and Sandra sat quietly in a cubicle, doing damage control. “We know they intend to submit the data with total confidence,” Jason said.
“I just don’t know how they will be able to pull this off," Sandra countered. “The study was a total failure. More than half of the volunteers got so sick they had to get back on their meds or suffer horrible withdrawal symptoms. An additional thirty percent weren’t as bad off, but they still felt so uncomfortable they dropped out, too.”
“That left under twenty percent of the volunteers," Jason interjected.
Sandra started doodling on a scratch pad.
“Well, they can’t just submit twenty percent," she said, scratching out her handiwork.
“Let me see that," Jason said, grabbing the pad. “Create five identities for each of the remaining volunteers?"
“It’s all I can come up with."
“That’s ridiculous," Jason laughed. “Don’t you think the FDA would pick up on that?"