It's Nothing Personal Read online

  Nancy added, “And if he really did read your entire deposition, it helps us in another way.”

  “What’s that?” asked Jenna.

  “Even in print,” Nancy explained, “Anders does not come off favorably. Hopefully, this opens the judge’s eyes to her antics. That should benefit us on future rulings.”

  Jenna’s eyes lit up. Letting out an enormous sigh, she said softly, “Thank you. Thank both of you for whatever you did to get me out of that. You’re right, this is good news.”

  She felt like a pressure-valve had been released.

  Nancy said, “As you know, your court date is January 30, 2012. The trial is scheduled to last for three weeks. At this point, you will need to notify your office that you will need the entire time off. Your presence in court will be required every day during the trial.”

  “Isn’t three weeks an awfully long time? I thought it was rare for even a big murder case to last that long. How could this possibly drag on for three weeks?”

  “Your trial is going to be complicated. The world of medicine is foreign to most people. There are a lot of issues to be covered and explained in terms that a juror can understand.

  “This afternoon, we want to go over our strategy and theirs. We have their expert witness disclosure list, and we have also assembled ours. It’s your choice, Jenna. Which side do you want to go over first?”

  Jenna swallowed against her dry throat. “Let’s start with the devil’s version of things. Then at least we end on a more positive note.”

  CHAPTER 43

  Jim methodically organized the documents in front of him. “To lay the groundwork, we know that Anders’ strategy is to show that it was below the standard of care to leave narcotics unattended and unsecured. She’s also going to try to prove this violated DEA rules. If successful, she will then argue that if you hadn’t violated the guidelines, Hillary Martin would have never had the opportunity to contaminate the syringe. Furthermore, Ms. Hollings would not have contracted hepatitis. It will all point back to you.”

  His last words ripped through Jenna like a blade. Struggling to keep afloat, Jenna asked, “I thought that the standard of care was defined by what other reasonable physicians in the same specialty were doing or would have done under similar circumstances. How can they claim I violated the standard of care? Maybe not every anesthesiologist would like to admit that they left their drugs unattended, but I know for a fact that most did.”

  “We agree with you. However, the problem for us is two-fold. First of all, just because many, if not most, doctors do something a certain way, it doesn’t make it right. Standard of care isn’t defined by majority rule. It’s defined by what experts say was the right thing to do.

  “Which leads us to the next issue – their expert witnesses. They have two anesthesiologists who have given depositions. These doctors are fully prepared to enter the courtroom and testify that what you did with your narcotics did not meet the standard of care. I don’t want to get ahead of myself, but just to reassure you, we have our own experts that will testify to the contrary.”

  The thought of being publicly attacked by strangers left Jenna feeling vulnerable. She rubbed her eyes, trying to make sense of it all. “What kind of doctor would come into court with the intention of destroying a fellow physician? Particularly over something like this, where I was the victim of a criminal act? I was not the criminal.”

  Jim responded, “Unfortunately, the plaintiff’s attorneys aren’t the only ones that can say anything they want. So too, can the expert witnesses who are well compensated for their testimony.”

  “Who are these people? These so-called ‘experts?’” Jenna was practically shouting, shaking her head in disbelief. Jim was thankful that Nancy had closed the door when she came into the room. Glancing up at the window to the hallway, he noticed one of his colleagues looking their way. Fortunately, he thought, Jenna’s back was to the window. Jim subtly motioned to Nancy with his pen, and she stood and lowered the blinds.

  Meanwhile, Jim referenced his notes. “Their first witness is Dr. James Jenkins. He’s an older gentleman and, unfortunately, very likable. Dr. Jenkins has given expert testimony many times in the past, and he is very polished and well spoken.

  “The good thing for us is that Dr. Jenkins hasn’t done a case in the OR for over seven years. That will allow us to cast doubt on his credibility.”

  Jenna’s pupils were large, like saucers. Her head felt like it were being squeezed in a vise – tighter and tighter with each passing word.

  “Their second expert witness is much less likable. His name is Dr. Joseph Monroe. He’s from the East Coast and has the accent, abrasiveness, and arrogance to back it up.

  “This is his first testimony as an expert witness, and it showed in his deposition. You would dislike him instantly, and hopefully the jurors will, too.

  “Over the course of his career, Dr. Monroe has served extensively on committees that have dealt with patient safety, including the handling of narcotics within the operating room. Even with his impressive credentials, he makes some pretty outlandish claims. That’s where Nancy and I think we can question his credibility.”

  Jenna sunk in her chair, her head dropped. “Like what?”

  “Dr. Monroe is exceedingly rigid in his opinions. For example, he maintains that narcotics should either be locked or under the direct control of the anesthesiologist at all times, including during surgery. We questioned him as to whether he ever left drugs on the top of the anesthesia cart during a case while he turned his back to attend to the patient or do a procedure. He adamantly denies that he has ever done so, even in the face of an unstable patient. Clearly, that is a ridiculous and impractical assertion.”

  Jenna’s hope was rapidly fading. Somberly, she asked, “What do these guys get paid to slaughter me?”

  Jim leafed through the documents filed by Allison Anders, found the page, and handed it to Jenna. Her mouth dropped when she read the amounts. The two anesthesia experts each earned $500 per hour to review records and another $500 per hour for deposition testimony. If the case went to trial, they would each receive $6,000 per day, plus all expenses.

  Jenna slammed the document down on the table. “Pretty nice chunk of change to destroy my career, my reputation, and my life!”

  Nancy shifted gears, “Besides the anesthesiologists, Anders will call other experts that help establish a case for damages.

  “They will have Ms. Hollings’ clinical psychologist testify that Hollings suffers from post-traumatic stress disorder, anxiety disorder, and panic attacks. The psychologist will state that these conditions are a direct result of her infection with hepatitis C.

  “Anders also has an economist that will testify that the probable losses to Ms. Hollings, based upon her contraction of hepatitis C and the lifelong repercussions related to loss of earning potential, emotional damages, and health care costs range from $1,200,000 to $2,000,000.”

  “You can’t be serious!” Jenna roared.

  Nancy empathized with Jenna’s indignation. “I know, go figure. The woman works at a strip club and, up until the time when she settled with St. Augustine, she didn’t even own a car.”

  “Wait a minute,” Jenna cried out in disbelief. “I didn’t know any of this. What else do you know about her?”

  Nancy wore an ornery smirk of satisfaction. “Quite a bit, actually. We took her deposition last week. Michelle Hollings is not at all the clean-cut, poster child that Anders would like us to believe.

  “Ms. Hollings dropped out of high school when she was seventeen. Her mother threw her out of the house for using drugs. On the streets, Hollings prostituted for a while, until she found a girlfriend that hooked her up with a job at a local strip club. Hollings moved in with that friend and has been dancing ever since. She claims that she hasn’t used any illegal drugs in more than four years, with the exception of an occasional joint.”

  Jenna squinted at her lawyers, her voice curt, “So that prissy littl
e blonde that came to my deposition, all prim and proper, wearing a prudish skirt and pearls, is really a stripper and a whore?”

  Nancy knew this information was invaluable. “That’s what I’m telling you.”

  Finally, Jenna felt her suffocating pessimism begin to fade. “So this is really good news, right? I mean, how could a jury possibly side with someone like her?”

  Nancy told Jenna the other side. “Her occupation and her past will certainly make her less likable. However, she’s still an attractive, previously healthy woman that came in for breast augmentation and left with hepatitis. She claims that during her twelve months of treatment for hepatitis C, she slept most of the time and was unable to work. Socially, she became withdrawn and rarely went out with her friends. Her boyfriend left her after finding out about the infection. It wasn’t until we pulled it out of her through repeated questioning that she admitted he was also married and has two kids. Maybe that had something to do with his ending their relationship, as well.

  “We also got Ms. Hollings to admit, albeit reluctantly and after many heated objections from Anders, that since completing treatment she has no detectable hepatitis C virus in her bloodstream. Essentially, she’s cured. Although, Hollings did make certain we were aware that the doctors told her there is a chance that the virus could reactivate at any time.

  “Just so you know, Jenna, we have two experts in the field that will testify on your behalf that reactivation is virtually impossible.

  “We also found out, since her settlement with St. Augustine, Michelle Hollings moved into a brand new townhouse and quit her job. She’s also made some interesting purchases, including a loaded Hummer SUV, a new Mustang convertible, and a good deal of jewelry. Not bad for someone with no education and no employment.”

  Jenna was encouraged by Ms. Hollings’ less than stellar lifestyle. At least it made Michelle Hollings look less like the poor, frail victim and more like what Jenna now saw her as – a greedy good-for-nothing looking for the winning lottery ticket.

  “She also had plenty to say about you,” Nancy added. Jim and Nancy eyed Jenna keenly, gauging her response.

  Jenna raised her right eyebrow. “What did she say?”

  Nancy continued, “At the end of Michelle Hollings’ deposition, Anders asked if you had ever apologized to her in any way for her contracting hepatitis C. Michelle Hollings said that you had not. Anders then asked her whether she felt that you had shown any sorrow or regret at your deposition. Ms. Hollings said she never got that impression from you. In fact, she said that your attitude during the deposition was so upsetting to her that she had to leave.”

  Nancy was playing Jenna. She knew that fueling Jenna’s rage was the key to keeping her in the game.

  Jenna said harshly, “I was told, explicitly, by Randy Stevens, Rob Wilson, and the two of you, not to contact her! I’m sure Allison Anders knew I had been given those instructions. What did she expect at my deposition? Did she think I was going to give Michelle Hollings a big hug and tell her how sorry I was? Anders knew I wasn’t allowed to apologize, even if I wanted to. And to use the rules of engagement against me? Unbelievable!”

  Burying her head in her hands, Jenna pleaded with her attorneys, “Please, please tell me we’ve got a way to fight back.”

  Jim was quick to reassure her, “Jenna, for the past couple hours, you’ve been hearing their side. Now, you get to hear ours.”

  Jenna propped her elbows on the table, giving her attorneys her full attention. “Okay, show me what we’ve got.”

  The edges of Jim’s lips turned up slightly. “Our first expert witness is Dr. Phillip Ramano. He is the Chair of Anesthesia at Good Samaritan Hospital, right across town. Dr. Ramano’s our ace-in-the-hole. Basically, everything that Anders’ experts say against you, Dr. Ramano is prepared to testify otherwise. Even though Dr. Ramano has never given expert testimony before, he’s competent, well spoken, sincere, and a man of principle. These traits are immediately apparent, and they will mean a great deal in the eyes of the jurors.”

  Jenna could not believe what she was hearing. She had never crossed paths with the doctor before, but Phillip Ramano was a Godsend. After being bombarded with experts intent on demonstrating her incompetence, finally there was someone who thought differently. For hours, Jenna had listened to the bad things. At last, she began to feel hopeful.

  Smiling, she asked with bewilderment, “Who is this guy? And why would he go out on such a limb for me?”

  Jim spoke softly, “Dr. Ramano is a good guy, and he came to his conclusions on his own. He has told us flat out that he doesn’t think you did anything wrong.”

  Jenna was dumbstruck. “I don’t know if it’s appropriate or if you are allowed to relay communication between the two of us but, if you can, can you please tell him thank you?”

  She blinked rapidly to hold back tears.

  Jim nodded, “We’ll make sure he knows.”

  He paused for a moment to stretch his back and then continued, “Our second expert is Dr. Richard Muzzani. He’s a practicing anesthesiologist and Professor of Anesthesia in Seattle. Dr. Muzzani has testified as an expert witness numerous times, and he’s very professional and convincing.

  “Dr. Muzzani will testify that in 2010, there was considerable debate about the acceptable means of storage and security of controlled substances within the OR. Furthermore, he will state that even today, there is no established or nationally agreed upon standard of care.

  “According to Dr. Muzzani, your practices were the norm rather than the exception. In fact, he will go so far as to say the that gold standard for an anesthesiologist is to be prepared to take care of his or her patient, including having all medications drawn up before the patient enters the room.

  “He also intends to state unequivocally that there was no way you could have foreseen Hillary Martin would engage in criminal activity which would result in Ms. Hollings being infected with the hepatitis C virus.”

  Jim paused for a second while Jenna poured herself a glass of water. Her mouth felt like cotton.

  Nancy interposed, “With respect to the remainder of Dr. Ramano’s and Dr. Muzzani’s testimony, their opinions are very congruent. That’s good because it will demonstrate to the jury that two respected and practicing anesthesiologists, one local and one not, agree with each other that you did nothing wrong.

  “Each of them will testify that placing the medications in a drawer of the anesthesia cart and leaving them unattended was consistent with the standard of care, because the OR was considered to be a secure environment.

  “Both doctors have reviewed the anesthesia record for Ms. Hollings, and they agree that the record is consistent with Michelle Hollings having received Fentanyl and not saline.

  “Our experts have each read your deposition. They will testify, contrary to what Anders and her experts might claim, anesthesiologists do not have a duty to prevent diversion of controlled substances within the operating room. Furthermore, they will attest that anesthesiologists are not expected to understand the myriad of DEA rules and regulations regarding controlled substances.”

  Jenna was about to speak when Nancy held her hand up and grinned, “Wait! There’s more.”

  “More?” Jenna asked, astonished.

  Nancy beamed, “Our experts will testify that anesthesiologists were not, in 2010, required to keep controlled substances locked in the OR at all times, and that anesthesiologists were not responsible for monitoring their drug cart at all times during a procedure.

  “Furthermore, both doctors will state that it is impossible to know, with reasonable medical probability, how Hillary Martin transmitted her hepatitis C virus to Ms. Hollings. It could have been a contaminated syringe just as easily as it could have been contaminated saline used as an irrigant during surgery.

  “Finally, Drs. Muzzani and Ramano will testify that diversion of controlled substances within the OR is not rampant, and that your alleged ignorance of the prevalence of diversion in opera
ting rooms is not outside the standard of care.

  “Both of these gentlemen feel very strongly that Hillary Martin, not you, is to blame for Ms. Hollings’ development of hepatitis C.”

  Jenna simply shook her head. At first, she could not believe two doctors would come to her defense. The specifics of how far they were willing to go left her dazed.

  “Oh my God,” Jenna smiled. “These guys are saying that everything that Anders claims is complete nonsense. I never would have expected such strong testimony.”

  Jim said, “Jenna, there are people out there, us included, who believe in you. You just have to remind yourself to listen to them and not to the opposition.”

  Nancy looked over at Jenna, whose face was full of confusion. “Feeling a little better about things now?”

  “I . . . I don’t even know what to say. Up until now, everything seemed so bleak. Now it suddenly feels like things could possibly go in my favor. I’m having a hard time absorbing it all.”

  Nancy said warmly, “Jenna, why don’t we take a short break? Stretch our legs a little bit?”

  Jim stepped out to use the restroom. Jenna headed out to do the same. At the door, Nancy reached out for Jenna’s arm and asked, “You okay?”

  Before Jenna knew it, she had melted into Nancy’s arms. Pools of emotion poured from Jenna’s soul. After a couple of minutes, Jenna backed away.

  Between hiccups, Jenna replied, “Honestly, I don’t even know where that came from. I’m sorry. You must think I’m an emotional train wreck.”

  Nancy put her hands on Jenna’s shoulders. “Not at all. I think you’re human. We may not be used to seeing that in our professions, but we can still recognize it when we come across it. You’re just a normal woman in a really bad situation. Now go take a quick break, and then let’s get back to work.”

  On her way out, Jenna whispered, “Thank you.”

  CHAPTER 44