The Trial (16 page)

54

The phone rang in Luke’s office, and he picked it up. “Luke Vaughan.”

“Mr. Vaughan, Dr. Stevens here. Is this a good time to talk?”

“Good as any, Dr. Stevens. What do you have to tell me?”

‘I’m sorry, Mr. Vaughan. The results are about what we expected. Sam’s liver is failing. The interferon we had her on hasn’t worked as we had hoped. It’s time to find her another liver.”

Luke put the phone down, tried to regain his composure, wiped his eyes, and then retrieved the phone. In a halting voice he asked, “Doesn’t that mean she’s going to have to get on some damn waiting list? Aren’t there a whole lot more people in this country that need livers than there are donors? Isn’t a transplant expensive? Why can’t I just give her my liver?”

“Mr. Vaughan, slow down a minute. Let me try to answer some of your questions.” Dr. Stevens had been down this road numerous times and was prepared for the interrogation. “First, there is a waiting list. Based on her MELD score, a scoring system we use to evaluate potential liver transplant recipients, Sam will be in the top twenty-five percent on the list. That’s good. As to cost, I’m afraid you’re right. The current cost is close to half a million dollars, and after the transplant the cost averages about twenty-five thousand a year.”

“Is that for the rest of her life?”

“Afraid it is.”

“How long will it take for her to get to the top of the list?”

“That, Mr. Vaughan, is the sixty-four-thousand-dollar question. Actually, the anomaly is that the more her liver deteriorates, the faster she moves up the list. Even when she gets close to the top, we still have to find a match to minimize rejection of the donor liver.”

“What about my liver, Dr. Stevens?”

“I’ve already checked that. Living donors are becoming more common. We can take a piece of someone else’s liver and it’ll grow in the person who needs it. Then the donor’s liver will grow back in a few months.”

“Then let’s do that.”

“Mr. Vaughan, I took the liberty of checking your blood type with Dr. Hartman. The two of you aren’t a match. Samantha has a rare blood type, and I need to tell you that that’s going to make it even more difficult to find a suitable donor. What about her mother? I don’t have any information about her. Is she still around?”

Luke searched his mind and came up blank. “I haven’t heard anything about her in more than fifteen years. Last I heard she was in Tennessee. I’ll see if I can find her.”

Luke paused and stared out the window long enough that Dr. Stevens asked if he was still on the line.

“I’m still here, Doctor. How long does Sam have?”

“These situations can vary widely. My best judgment is at least several months. I’ve already taken the initial steps to get her on the national liver transplant list. Normally, she has to be interviewed by a number of people before she’s approved, but I pulled a few strings. We’re going to do our best, Mr. Vaughan. The good news is that people are living a lot longer with a transplanted liver than they did twenty years ago.”

“Thanks, Doc. I’ll be in touch.” Luke replaced the phone and rubbed his eyes. Finally he rose and walked out of his office.

He found Samantha sitting at the bottom of the stairs, her face in her hands. “I heard all of that, Dad.”

Luke sat beside his daughter and wrapped his arms around her. “It’s going to be okay, Sam. I told you that. It’s just that now we’re going to have to get you a new liver.”

Samantha jumped up from the steps and ran out the front door. Luke followed. She had curled up in one of the rockers. “I don’t want to live like this, Dad. I don’t even have a life. I want to die now, not when my liver finally fails.”

“Sam, don’t say that. Don’t even think like that.” He took her chin in one hand and gently raised her head until she was looking at him. “I promise, Sam. Trust me.”

Samantha saw the horror on Luke’s face. “I didn’t mean it, Dad! It’s just that I’m so tired. I’ll stick it out.” She sighed. “Now I’m going back up to bed.”

Luke returned to his computer and started trying to locate his ex-wife on various Internet sites. After a half hour he paused and stared at the screen. Josie had died in a one-car accident ten years before, apparently drunk. He got up, paced the office, and then walked back out to the porch, where he sat in his rocker and contemplated his next step. He considered whether to tell Samantha about her mother and rejected the idea. Sam already had enough on her plate. Finally he returned to his office.

Luke spent the rest of the day trying to figure out where to raise half a million dollars. The equity in the house was thirty thousand. He had another forty thousand in his 401(k). He had a modest business line of credit, and his credit cards were all paid off. He figured that got him to roughly a hundred and thirty thousand if he maxed out his credit line and credit cards. Next he checked the Medicare/Medicaid site. Naturally, even as a small-town lawyer he made too much money to qualify for funds. He went to his personal insurance folder and read the medical insurance policy he had taken out for himself and Samantha when they moved to San Marcos. It was just as he remembered. He’d had an option to add a hundred thousand in coverage for any transplant and had decided to save a few hundred dollars a year in premiums. It had never occurred to him that either he or Sam would need such coverage. Now he mentally kicked himself in the butt. The Internet gave ideas for fund-raisers, but he had seen newspaper articles on such events, and apparently they rarely raised more than a few thousand dollars. Needing someone to talk to, he called Sue Ellen and arranged to meet her at the river for an early dinner.

55

Sue Ellen found Luke sitting at a table by the falls. Two empty beer bottles told her he had a head start. He rose and gave her a peck on the lips.

“Not good, huh, Luke?”

“It’s worse than that, Sue Ellen,” Luke said, his voice not much more than a whisper. “Sam’s liver is barely functioning. She’s got to have a transplant. She even briefly threatened suicide.”

Sue Ellen’s hand went to her mouth. “Oh my God, Luke. Was she serious?”

“I don’t think so,” Luke said. “I convinced her I’d get her a transplant, only there’s one problem. It’ll cost about half a million dollars, and I can’t figure out a way to raise much more than a hundred and thirty thousand. On top of that, she’s a rare blood type that’s tough to match. I’ve made a promise to my daughter that right now I have no way of keeping.”

“I’ve got twenty-five thousand in Josh’s college fund. It’s yours if you need it,” Sue Ellen replied as she took Luke’s hand.

“Thanks, Sue Ellen, but I’m not looking for charity. There’s one more thing. I researched Sam’s mother to see if she could be a donor. She died in a drunken car wreck ten years ago.”

“Oh, Luke, I’m so sorry. Did you tell Sam?”

“Thought about it and decided not to tell her.”

Sue Ellen shook her head. “That could be a mistake, Luke. She even talked to me once, wondering why her mother deserted her. On the one hand, it would be hard on her. On the other hand, it might ease her mind about being abandoned by her mother. I think she’s entitled to know.”

Luke stared down at the table as he spoke. “I value your opinions, Sue Ellen. You know I do. Only, I have to make the decision, and I just don’t think this is the right time.”

Luke and Sue Ellen sat in silence, both uncertain what to say next. Sue Ellen chose to change the subject. “What about your lawsuit against Dr. Challa?”

“He’s only got fifty thousand in coverage. If Lorance offered it tomorrow, it wouldn’t pay for a liver transplant.’

Luke ordered two more beers and invited Sue Ellen to order dinner, saying that he really wasn’t hungry. Sue Ellen replied that she, too, had lost her appetite.

After the waiter brought their beers, Sue Ellen said, “Why don’t you sue Ceventa? They’re the ones that caused this problem, not Dr. Challa.”

“I’ve actually thought about that, only I know how these drug companies handle litigation. They declare all-out war. They’ll hire an army of lawyers and drag the trial out for two years. Then even if we were to win, they’ll appeal for another three years. They have an unlimited budget in these things. I’m sorry to say that by the time we got through all of that, Sam would be dead.” Luke shook his head. “It just won’t work.”

“Look, I don’t think you’ve got any choice,” Sue Ellen replied. “Your only hope is to put pressure on Ceventa. With Sam’s life in the balance, Nimitz will give you a quick trial.”

Luke sipped his beer slowly as he weighed his options. “I don’t really know much about Nimitz as a judge. How sure are you that he’ll put us on a fast track?”

Sue Ellen took both of Luke’s hands in hers as she replied, “I’m as sure of it as I’m sure that Sam is going to die if you don’t try it. I’ll be beside you all the way.”

Again there was silence as Luke contemplated what Sue Ellen was suggesting. Finally he nodded. “I’m for it, particularly if he will get us to trial in a few months. That may be all the time Sam has. I just have to clear it with her.”

56

Samantha was sitting on the front porch with Cocoa at her feet when Luke returned to the house. She remained in her rocker as he bent over to give her a kiss and sat down beside her.

“Sam, Sue Ellen and I have been talking. I want to add Ceventa to our lawsuit.”

“Dad, we already talked about that,” Samantha replied with dejection. “You said that it might take two years to get to trial and more time on appeal. I know what the doctors have said. I don’t have that much time.”

“Hear me out. I’m going to ask Judge Nimitz for an expedited trial date, ninety days if he’ll give it to us. Ceventa’s lawyers will claim they can’t get the case to trial that soon and will do everything they can to delay. Sue Ellen knows the judge well. She says he’ll work with us. If we can push a trial date, we can be ready.” He looked at his daughter. “It’s our best shot.”

Samantha was lost in thought. “What happens if we win in trial and they appeal?”

“Good question, Sam. No telling. Maybe they’ll want to settle for a few hundred thousand if we get a multimillion-dollar verdict. We’re not trying to get rich, just get you a liver.” Luke stopped, not sure whether to broach this subject to Samantha. “And there’s one more thing. I’ll have to take out a second mortgage on the house to cover the expenses. I’ll also have to turn down any other clients until the trial is over. If we lose, we may be on the street.”

Samantha digested all the information. “Look, Dad, I know you want to do what’s best for me. I agreed to sue Dr. Challa. Now you want to sue this giant corporation and risk everything we have. Plus, you’re going to be consumed with the case.” Samantha reached for her dad’s hand. “If I don’t have much time, I’d rather have you around than fighting with Ceventa. We can still sit out here and talk and sometimes go driving in the Hill Country. Does that make sense?”

Luke squeezed his daughter’s hand. “Yeah, sweetie, it does. Forget I even suggested suing Ceventa.”

A few hours later Samantha appeared at Luke’s office door. He glanced up and smiled as she took a seat opposite him. “Okay, so I’m a woman, and a woman has a right to change her mind, right? Let’s sue Ceventa.”

Luke put down his pen and stared into his daughter’s eyes. “What caused this change of heart?”

“Brad and I talked. We talked a long time. He said he doesn’t want to lose me, and if there’s even a slight chance that we can win and I can get a new liver, he says I should do it. Dad, Brad and I want to take that chance.”

Luke continued to stare in silence at Samantha, then spoke. “Are you sure, very sure?”

“I am, Dad. Let’s do it.” Samantha paused as she faced up to reality. “There’s one more thing. If I’m gone before the lawsuit’s over, I don’t want you to give up. If I die, at least I’ll go knowing that I did what I could to stop Ceventa from killing others.”

57

Luke was up early the next morning to draft the amended petition, adding Ceventa, along with the motion for an expedited trial. Without knowing for certain, he claimed Exxacia was defectively designed in that Ceventa knew that it could cause liver failure and death. Further, he alleged, the company failed to properly warn physicians and consumers of the risk. He also complained that Ceventa enticed innocent patients into volunteering as subjects in a clinical trial that turned them into guinea pigs. Next he beefed up the section on Samantha’s condition, referring to a letter he had gotten from Dr. Hartman describing it in detail and confirming that her death was imminent if she did not get a liver transplant.

On his way to file the petition, Luke stopped by Sue Ellen’s office. Law books were stacked all over her desk and overflowed onto the floor. She peeked from behind one of the stacks, saw Luke, and hurried around her desk to greet him.

“Sorry about the mess. I’ve got a brief due. One of these years the county is going to spring for Westlaw or Lexis. Until then I’ve got to do research the old-fashioned way.”

Luke moved a few books from a chair and sat down. “I talked to Sam about suing Ceventa. At first she refused. Then Brad talked her into it. We’re adding Ceventa today. Here’s the petition.”

Sue Ellen took the document and skimmed through it, pausing only to read the letter from Dr. Hartman. When she got to the motion for an expedited trial date, she said, “You know Ceventa won’t be in the case by next week. Aren’t you just buying yourself more work when they come in to try to continue it?”

Luke nodded his agreement. “Probably, only I’m planning to fight this battle in the court of public opinion, too. If I can get a couple of news reporters interested, maybe Ceventa will think twice about postponing a dying girl’s trial. Or maybe Nimitz will feel a little pressure. I figure it’s worth a try, anyway.”

“Actually, I don’t think Nimitz will need to feel any pressure. I told you that he’ll give you a fast trial, and I meant it. I know him pretty damn well. One more thing, Luke, you know that you’re declaring war on a multinational company. They’ll hire one of the mega firms. You remember the wicked witch in
The Wizard of Oz
? She always had a bunch of flying monkeys doing whatever she asked. That’s what you’re in for. They’ll be coming at you from every direction.”

“Don’t think I haven’t thought about that. I figure on being outnumbered by about twenty to one. I keep reminding myself that David was a little overmatched when he fought Goliath, and it didn’t keep him from winning.”

“By the way, you’ll be outnumbered twenty to two. I’ll talk to the DA and arrange for a leave of absence when things start heating up. You’re gonna need a second chair.”

Luke put his hands in front of him as if to stop Sue Ellen. “You don’t need to do that. I’ve always tried cases alone. Besides, I can’t afford to pay you.”

Sue Ellen rose and walked around her desk. “Did I say anything about getting paid? I’m doing this for Sam … and for you.” She’d wrapped her arms around Luke’s neck as she spoke and now pressed her lips to his. When she broke away she continued. “I won’t take no for an answer. I expect to be at your side in this trial and, I might add, from this day forward.”

Luke drew her to him and looked into her green eyes. “I want you by my side forever. You know that. Let’s get through this trial and then we’ll plan for the future. If you’re right, that will be in only a few months.”

Sue Ellen nodded her agreement with a smile as Luke picked up the petition and left her office. He walked the documents down the hall to the sheriff’s office, where he paid the fee for FedEx to overnight the citation to the CT Corporation, Ceventa’s registered agent for service in Dallas.

Luke’s last stop was the
San Marcos Daily Record.
Like most small-town newspapers, the
Daily Record
was always looking for stories of local interest. Luke asked a young woman if he could talk to a reporter. He learned the paper only had two. One was sick, and the other was out covering a local volleyball tournament. Luke left the petition along with his card and asked for a reporter to call him.

When Luke entered the house, his office phone was ringing. The male voice on the other end said, “Mr. Vaughan, this is Allen Wentland. I’m the owner of the
Daily Record
and also the editor. Tell me about your daughter.”

The front-page headline the following day read:

College Student Dying

Drug Company Sued!

Luke read the headline and story with much sadness mixed with a small dollop of hope.