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NEWSMAN [over radio]:
And at least eight dead
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00:00:12,974 --> 00:00:14,497
at the We Are All
from Somewhere Else...
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00:00:14,541 --> 00:00:16,151
Can we go any faster?I'm doing my best, ma'am.
4
00:00:16,195 --> 00:00:19,285
...after a gunman opened fire
with an automatic weapon.
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00:00:19,328 --> 00:00:22,157
In addition to the dead,
we're receiving reports
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00:00:22,201 --> 00:00:24,507
of as many as
200 people injured.
7
00:00:24,551 --> 00:00:26,074
Okay, hang on a second! Hang on.
8
00:00:26,118 --> 00:00:29,121
Rapid track! Trauma Bay Four!
9
00:00:29,164 --> 00:00:33,081
Walking wounded needs to be
escorted to Station One!
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00:00:33,125 --> 00:00:34,430
Dr. Kinsey!
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00:00:34,474 --> 00:00:35,779
I got here
as fast as I could.
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00:00:35,823 --> 00:00:38,130
Dr. Park could really
use you in Bay One.
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00:00:38,173 --> 00:00:40,306
PARK:
Kinsey, you made it!
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00:00:40,349 --> 00:00:41,655
I'm taking this one
up to the OR.
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00:00:41,698 --> 00:00:42,612
I need you
to jump on
16
00:00:42,656 --> 00:00:43,961
this fellow behind me.
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00:00:44,005 --> 00:00:45,833
What do we have?Ryan Watkins.
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00:00:45,876 --> 00:00:49,054
Male, lower abdominal
gunshot wound.
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00:00:49,097 --> 00:00:50,316
Next OR should open
in ten minutes.
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00:00:50,359 --> 00:00:51,839
Get started on him
as soon as you can.
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00:00:51,882 --> 00:00:52,883
Will do.
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00:00:55,712 --> 00:00:58,150
Oh, man, not a lot left
to put back together.
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00:00:58,193 --> 00:00:59,325
Like a river.
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00:00:59,368 --> 00:01:00,761
How is his pulse?
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00:01:00,804 --> 00:01:02,850
Last I checked, thready.
Barely there.
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00:01:02,893 --> 00:01:05,461
[woman gasping]Dr. Kinsey?
We're losing this patient.
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00:01:06,506 --> 00:01:07,942
Her oxygen is
in the toilet.
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00:01:07,985 --> 00:01:08,986
She's not
getting any air.
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00:01:10,466 --> 00:01:12,120
Looks like
a pneumothorax.
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00:01:13,774 --> 00:01:15,428
Oh, no. Sounds like
she's got blood in her lungs.
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00:01:15,471 --> 00:01:17,256
Potential hemopneumo.
How long has she been like this?
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00:01:17,299 --> 00:01:18,431
How long has she
not been breathing?
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00:01:18,474 --> 00:01:20,085
I called you
the moment I noticed.
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Just got a text.
The OR is ready.
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00:01:21,129 --> 00:01:22,652
We got to get going on this guy
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or might as well just send him
directly to the morgue.
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Doctor, we got to go.
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00:01:31,226 --> 00:01:32,967
You know what a REBOA is?
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00:01:33,010 --> 00:01:34,142
Heard of it.
Never seen it done.
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00:01:34,186 --> 00:01:35,448
I want to
give him one.
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00:01:35,491 --> 00:01:37,145
It'll stop his bleeding
for 20, 30 minutes.
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00:01:37,189 --> 00:01:38,407
That'll give me a chance
to work on her.
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00:01:38,451 --> 00:01:39,887
That way maybe
we can save them both.
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Isn't that kind of
the definition of a Hail Mary?
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I don't know,
I'm not into football
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and I don't go to church.
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I need a REBOA and
some chest tubes, stat.
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00:01:46,154 --> 00:01:48,287
NURSE:
You're really going
to use a REBOA?
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00:01:48,330 --> 00:01:50,158
But Dr. Park told you
to operate on him now.
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00:01:50,202 --> 00:01:52,204
I know. But I'm not even sure
we can save him.
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00:01:52,247 --> 00:01:53,596
In fact, the only thing
I'm certain of is,
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00:01:53,640 --> 00:01:55,120
we take the time to get him
over to the OR,
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00:01:55,163 --> 00:01:56,295
we're absolutely losing her.
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00:01:56,338 --> 00:01:57,513
But what if it doesn't work?
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00:01:57,557 --> 00:01:58,514
What if we lose them both?
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00:01:58,558 --> 00:02:00,125
It's going to work.
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00:02:00,168 --> 00:02:02,214
I think I need to have
a quick chat with Dr. Park.
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00:02:02,257 --> 00:02:04,607
Walk away from that patient,
don't bother coming back.
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00:02:04,651 --> 00:02:06,305
TECHNICIAN:
Here's your REBOA
and your chest tubes.
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00:02:06,348 --> 00:02:08,481
Great.
Let's make some miracles.
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00:02:08,524 --> 00:02:11,179
Let's hail some Marys.
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00:02:17,054 --> 00:02:18,143
Hey.
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00:02:21,276 --> 00:02:22,843
Ah...
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00:02:24,105 --> 00:02:26,063
I can't lie.
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00:02:26,107 --> 00:02:27,891
Feel pretty strange
about this.
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00:02:27,935 --> 00:02:29,937
No. Bull's right.
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00:02:29,980 --> 00:02:31,112
You need your own office.
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00:02:31,156 --> 00:02:34,115
I've been a lawyer
for a minute and a half.
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00:02:34,159 --> 00:02:35,290
I can work
in the conference room.
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00:02:35,334 --> 00:02:36,465
I'm happy to work
in the conference room.
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00:02:36,509 --> 00:02:38,641
But you're Benjamin Colón.
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00:02:38,685 --> 00:02:42,036
Hell, rumor has it
that you're running for D.A.
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00:02:42,079 --> 00:02:43,951
of the greatest city
in the world.
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00:02:43,994 --> 00:02:45,605
[sighs]
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00:02:45,648 --> 00:02:47,302
You need a place
of your own, man.
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00:02:47,346 --> 00:02:49,609
You need an office where
you can hang that law degree
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00:02:49,652 --> 00:02:50,958
up on the wall.
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00:02:51,001 --> 00:02:53,439
Well, you've got
a law degree.
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00:02:53,482 --> 00:02:54,831
I certainly do.
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00:02:54,875 --> 00:02:57,225
And now I'm working towards
a wall to hang it on.
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00:02:57,269 --> 00:03:00,141
Sorry to break up
this legal convention,
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00:03:00,185 --> 00:03:01,708
but the big guy
is waiting for you
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00:03:01,751 --> 00:03:03,536
in the conference room.
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00:03:03,579 --> 00:03:06,060
I had just finished
my rounds at the hospital
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00:03:06,103 --> 00:03:07,627
about
two and a half hours earlier.
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00:03:07,670 --> 00:03:09,672
I was climbing out of the shower
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00:03:09,716 --> 00:03:11,065
when one of
the ER nurses called
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00:03:11,108 --> 00:03:13,763
and said they were expecting...
89
00:03:13,807 --> 00:03:15,896
I thought she said
hundreds of patients.
90
00:03:15,939 --> 00:03:18,159
But then I thought
I must have misheard.
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00:03:18,203 --> 00:03:19,465
But then she said
there was some kind of
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00:03:19,508 --> 00:03:21,249
mass casualty situation
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00:03:21,293 --> 00:03:23,730
and they were calling in every
off-duty doctor in the area.
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00:03:23,773 --> 00:03:25,166
It was all hands on deck.
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00:03:25,210 --> 00:03:27,124
Hmm. How many
patients
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00:03:27,168 --> 00:03:29,214
did Mercy actually
receive that night?
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00:03:29,257 --> 00:03:30,911
Over 200.
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00:03:30,954 --> 00:03:32,565
All with
penetrating gunshot wounds.
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00:03:32,608 --> 00:03:35,307
And the deceased--
uh, Ryan Watkins--
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00:03:35,350 --> 00:03:37,004
he was your first patient?
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00:03:37,047 --> 00:03:38,397
He was supposed to be.
102
00:03:38,440 --> 00:03:39,963
Soon as I got there,
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00:03:40,007 --> 00:03:42,183
I conferred with Dr. Park,
the chief trauma surgeon.
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00:03:42,227 --> 00:03:44,881
And he was taking
another patient up to the OR,
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00:03:44,925 --> 00:03:47,406
so he told me to get started
on Mr. Watkins.
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00:03:47,449 --> 00:03:49,146
Was there any special reason
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00:03:49,190 --> 00:03:51,758
why Dr. Park wanted you
to operate on Watkins first?
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00:03:51,801 --> 00:03:54,543
I mean, it sounds like
there were plenty of people
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00:03:54,587 --> 00:03:55,849
needing immediate care.
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00:03:55,892 --> 00:03:57,198
No.
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00:03:57,242 --> 00:03:58,765
I think Dr. Park just considered
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00:03:58,808 --> 00:04:00,070
his injuries the most critical.
113
00:04:00,114 --> 00:04:01,768
But then I saw this woman.
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00:04:01,811 --> 00:04:03,291
And to my eye,
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00:04:03,335 --> 00:04:05,337
she was in as equally bad shape
as Mr. Watkins.
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00:04:05,380 --> 00:04:07,556
She had a lot of blood
and air in her chest.
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00:04:07,600 --> 00:04:09,254
Struggling to breathe.
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00:04:09,297 --> 00:04:11,647
I needed to drain that blood
and air fast or we'd lose her.
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00:04:11,691 --> 00:04:14,346
But if I had operated
on him first,
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00:04:14,389 --> 00:04:16,478
that woman
absolutely would have died
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00:04:16,522 --> 00:04:18,611
while waiting for treatment.
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00:04:18,654 --> 00:04:21,309
Whereas if I could just keep
Mr. Watkins alive
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00:04:21,353 --> 00:04:24,181
for a half hour,
I could definitely save her
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00:04:24,225 --> 00:04:26,358
and maybe save him, too.
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00:04:26,401 --> 00:04:28,708
You know, one way,
I'm staring at
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00:04:28,751 --> 00:04:30,449
a likely lose-lose situation.
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00:04:30,492 --> 00:04:32,494
The other, I was certain
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00:04:32,538 --> 00:04:34,017
at least one of them
was going to live.
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00:04:34,061 --> 00:04:36,150
That's why you used
this REBOA thing?
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00:04:36,193 --> 00:04:39,327
I'm sorry. What is a REBOA?
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00:04:39,371 --> 00:04:40,894
It stands for
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00:04:40,937 --> 00:04:43,331
Resuscitative Endovascular
Balloon Occlusion of the Aorta.
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00:04:43,375 --> 00:04:46,116
It's a kind of
internal tourniquet.
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00:04:46,160 --> 00:04:48,945
A balloon catheter
that you position
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00:04:48,989 --> 00:04:51,208
in a person's aorta to
prevent them from bleeding out.
136
00:04:52,340 --> 00:04:53,820
It buys you time.
137
00:04:53,863 --> 00:04:55,125
Which was what I needed.
138
00:04:55,169 --> 00:04:57,345
But it didn't work.
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00:04:57,389 --> 00:05:00,130
Well, the other patient
needed chest tubes.
140
00:05:00,174 --> 00:05:01,828
That should have taken
20 minutes, tops.
141
00:05:01,871 --> 00:05:03,743
But once I got in there,
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00:05:03,786 --> 00:05:06,354
it was more complicated
than I had anticipated.
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00:05:06,398 --> 00:05:08,878
And by the time I got her stable
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00:05:08,922 --> 00:05:10,358
and got back to Mr. Watkins,
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00:05:10,402 --> 00:05:13,318
40, 45 minutes had gone by.
146
00:05:15,015 --> 00:05:17,017
And he-he didn't make it.
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00:05:18,453 --> 00:05:21,195
I tried, but...
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00:05:21,238 --> 00:05:22,414
CHUNK:
So, the plaintiff,
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00:05:22,457 --> 00:05:24,459
Mr. Watkins' mother, is saying
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00:05:24,503 --> 00:05:26,592
that the REBOA
should never have been used.
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00:05:26,635 --> 00:05:28,637
Especially not
for 40 minutes.
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00:05:28,681 --> 00:05:31,945
They are arguing that the REBOA
is not even considered
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00:05:31,988 --> 00:05:33,642
an acceptable
standard of care.
154
00:05:33,686 --> 00:05:35,949
I'm not denying it's a
controversial technique.
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00:05:35,992 --> 00:05:38,386
I mean, usually it's
only a stop-gap measure
156
00:05:38,430 --> 00:05:40,432
to buy you the ten,
15 minutes it takes
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00:05:40,475 --> 00:05:43,739
to get a patient
into the OR and opened up.
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00:05:43,783 --> 00:05:45,741
For what it's worth, I've
personally made the REBOA work
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00:05:45,785 --> 00:05:47,352
for up to an hour.
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00:05:47,395 --> 00:05:48,831
Before I went into trauma,
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00:05:48,875 --> 00:05:50,398
I was a military medic
in Afghanistan,
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00:05:50,442 --> 00:05:51,747
and I used it there
all the time.
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Well, it'd be great
if we could get someone in
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00:05:53,836 --> 00:05:55,664
to testify to that--
other than you.
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00:05:55,708 --> 00:05:59,189
You know, I didn't see
your picture on the website.
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00:05:59,233 --> 00:06:00,669
Ex-Excuse me?
167
00:06:00,713 --> 00:06:03,542
When I was researching
the Trial Analysis Corporation.
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00:06:03,585 --> 00:06:05,239
I remember
reading about a lawyer,
169
00:06:05,282 --> 00:06:06,371
but I don't think he was you.
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00:06:06,414 --> 00:06:08,808
Mr. Palmer has been
with the firm
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00:06:08,851 --> 00:06:11,027
for over five years
in a variety of capacities.
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00:06:11,071 --> 00:06:13,769
He's handled several cases
on his own,
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00:06:13,813 --> 00:06:17,382
but he did just officially
pass the bar this last summer.
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00:06:18,774 --> 00:06:22,430
But do you have any experience
in medical malpractice?
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00:06:22,474 --> 00:06:23,823
This firm has handled hundreds
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00:06:23,866 --> 00:06:26,216
of medical malpractice cases,
and I personally
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00:06:26,260 --> 00:06:27,435
have super...But Mr. Palmer?
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00:06:27,479 --> 00:06:30,830
This will be my first.
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00:06:32,571 --> 00:06:34,964
There's another attorney here.
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00:06:35,008 --> 00:06:37,271
And he has lots of experience
in medical...
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00:06:37,314 --> 00:06:38,620
No. I'm the
trial scientist.
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00:06:38,664 --> 00:06:40,448
I'm the tactician.
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00:06:40,492 --> 00:06:42,624
And I am telling you
he's the one to plead this case.
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00:06:42,668 --> 00:06:44,626
Now,
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00:06:44,670 --> 00:06:46,323
if you don't agree with that,
there are plenty
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00:06:46,367 --> 00:06:48,195
of other companies
I'm sure you can go to
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00:06:48,238 --> 00:06:49,501
that would be happy
to take your money.
188
00:06:49,544 --> 00:06:52,068
But, Dr. Kinsey,
this is a jury trial.
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00:06:52,112 --> 00:06:53,069
It's six people.
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00:06:53,113 --> 00:06:54,462
And they're going to decide
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00:06:54,506 --> 00:06:55,811
whether you're innocent
or guilty.
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00:06:55,855 --> 00:06:57,160
They are going to decide
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00:06:57,204 --> 00:06:58,466
whether you live
the rest of your life
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00:06:58,510 --> 00:07:01,295
in relative comfort
or all-consuming debt.
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00:07:01,338 --> 00:07:03,906
They're gonna decide
whether you get to use
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00:07:03,950 --> 00:07:06,518
the salutation "Doctor" in front
of your name ever again.
197
00:07:06,561 --> 00:07:10,217
The other side is going to bring
all kinds of sage, old men
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00:07:10,260 --> 00:07:13,176
who will offer intimidating
and confusing medical testimony.
199
00:07:13,220 --> 00:07:14,743
They'll try and bully
their way to a verdict.
200
00:07:14,787 --> 00:07:17,529
Now, here's
what I know.
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00:07:17,572 --> 00:07:19,444
You give people a choice
202
00:07:19,487 --> 00:07:20,619
between something
they understand
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00:07:20,662 --> 00:07:22,534
and something
they don't understand,
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00:07:22,577 --> 00:07:24,318
they will almost always lean
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00:07:24,361 --> 00:07:25,885
in the direction of
the thing they understand.
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00:07:25,928 --> 00:07:27,626
This case isn't
about medicine.
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00:07:27,669 --> 00:07:29,671
It's about being able
to talk to six people.
208
00:07:29,715 --> 00:07:32,413
Being able to put them
in your shoes
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00:07:32,457 --> 00:07:34,894
when you had to make
the decisions you had to make.
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00:07:34,937 --> 00:07:37,244
And I'm telling you,
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00:07:37,287 --> 00:07:39,638
this is the man for the job.
212
00:07:41,248 --> 00:07:42,554
Now...
213
00:07:42,597 --> 00:07:44,512
are we going to court or not?
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00:07:46,253 --> 00:07:48,255
♪
215
00:07:57,220 --> 00:08:00,223
I appreciate your
confidence in me.
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00:08:00,267 --> 00:08:01,747
It's no big deal.
217
00:08:01,790 --> 00:08:03,183
I meant what I said.
218
00:08:03,226 --> 00:08:06,273
I think you're
the right man for the job.
219
00:08:06,316 --> 00:08:08,275
I think the jurors
are going to appreciate
220
00:08:08,318 --> 00:08:10,712
being talked to
by someone like them.
221
00:08:10,756 --> 00:08:13,106
Someone who doesn't
222
00:08:13,149 --> 00:08:15,587
eat, sleep and drink
medical malpractice.
223
00:08:15,630 --> 00:08:16,936
Someone who's just
trying to figure out
224
00:08:16,979 --> 00:08:18,285
what really
happened here.
225
00:08:18,328 --> 00:08:20,200
So, voir dire.
226
00:08:20,243 --> 00:08:22,028
You have any thoughts?
227
00:08:22,071 --> 00:08:24,552
So, in a perfect world,
228
00:08:24,596 --> 00:08:26,554
we would love
to be talking to people
229
00:08:26,598 --> 00:08:28,295
who are at least willing
to entertain the idea
230
00:08:28,338 --> 00:08:32,299
that Dr. Kinsey, finding herself
in an impossible situation,
231
00:08:32,342 --> 00:08:34,388
made the best decisions
she could...
232
00:08:34,431 --> 00:08:37,086
if not to save every life,
then to save most lives.
233
00:08:38,697 --> 00:08:41,395
It really is a case study
in lifeboat ethics.
234
00:08:41,438 --> 00:08:42,701
It is funny.
235
00:08:42,744 --> 00:08:44,224
Not one press
report I've read
236
00:08:44,267 --> 00:08:45,878
mentions that
Dr. Kinsey saved
237
00:08:45,921 --> 00:08:48,228
five other lives
that day.
238
00:08:48,271 --> 00:08:50,665
Truth is, our client's a hero.
239
00:08:50,709 --> 00:08:52,232
The jury needs to hear that.
240
00:08:52,275 --> 00:08:54,669
And they need to hear it
during voir dire.
241
00:08:55,844 --> 00:08:58,804
Everybody here know who
Sully Sullenberger is?
242
00:08:58,847 --> 00:09:00,588
Yeah.
243
00:09:00,632 --> 00:09:03,548
He's the pilot who landed
the plane on the Hudson River.
244
00:09:03,591 --> 00:09:05,158
That's him.
245
00:09:05,201 --> 00:09:07,421
Man behind
the "Miracle on the Hudson."
246
00:09:07,464 --> 00:09:10,032
A hero. Right?
247
00:09:10,076 --> 00:09:13,253
Anybody remember why he had
to land that plane on the river?
248
00:09:13,296 --> 00:09:14,646
Yes.
249
00:09:14,689 --> 00:09:16,386
The plane hit
some birds, I think.
250
00:09:16,430 --> 00:09:18,258
Yes, it did.
251
00:09:18,301 --> 00:09:21,000
And it put that man
in an impossible situation.
252
00:09:21,043 --> 00:09:23,524
Air traffic control
had already ordered him
253
00:09:23,568 --> 00:09:24,612
back to the airport.
254
00:09:24,656 --> 00:09:26,396
He was convinced
he wouldn't make it.
255
00:09:26,440 --> 00:09:28,268
So he improvised
256
00:09:28,311 --> 00:09:30,575
and decided
to attempt a water landing.
257
00:09:30,618 --> 00:09:32,664
Didn't ask for permission.
258
00:09:32,707 --> 00:09:34,230
No time.
259
00:09:34,274 --> 00:09:36,232
He just did it.
260
00:09:36,276 --> 00:09:40,541
And managed to save
every passenger on that plane.
261
00:09:40,585 --> 00:09:42,630
A hero... right?
262
00:09:42,674 --> 00:09:45,198
Juror 21.
263
00:09:45,241 --> 00:09:46,547
It says here that
you were a police officer.
264
00:09:46,591 --> 00:09:49,202
How do you feel
about that?
265
00:09:49,245 --> 00:09:51,378
The man was given an order
and he defied it.
266
00:09:51,421 --> 00:09:52,727
Oh, I think
everything worked out
267
00:09:52,771 --> 00:09:54,250
the way it was supposed to.
268
00:09:54,294 --> 00:09:56,078
The man was declared a hero.
269
00:09:56,122 --> 00:09:58,080
They made a movie out of it.
270
00:09:58,124 --> 00:09:59,604
He was played by Tom Hanks.
271
00:09:59,647 --> 00:10:02,171
[laughing]: I don't think
it gets any better than that.
272
00:10:02,215 --> 00:10:04,173
Ground control to Major Tom?
273
00:10:04,217 --> 00:10:05,653
Diana Merrick.
274
00:10:05,697 --> 00:10:07,437
Former NYPD.
275
00:10:07,481 --> 00:10:09,048
Took an early retirement
276
00:10:09,091 --> 00:10:10,571
after getting injured
on the job.
277
00:10:10,615 --> 00:10:11,659
BULL:
Injured how?
278
00:10:11,703 --> 00:10:13,356
Suspect stabbed her
during an arrest
279
00:10:13,400 --> 00:10:15,794
and then she apparently took him
down with a fire extinguisher.
280
00:10:15,837 --> 00:10:16,838
Hit him with it.
281
00:10:16,882 --> 00:10:18,535
A woman of action.
282
00:10:18,579 --> 00:10:20,363
That's our kind of girl.
283
00:10:20,407 --> 00:10:24,367
Your Honor, juror 21
is acceptable to the defense.
284
00:10:24,411 --> 00:10:27,109
Nice work,
Counselor.
285
00:10:27,153 --> 00:10:28,589
We make a pretty good team.
286
00:10:28,633 --> 00:10:31,157
Well, all I'm doing is
following your lead.
287
00:10:31,200 --> 00:10:33,638
Like I said,
we make a pretty good team.
288
00:10:34,682 --> 00:10:36,249
[chuckles]
289
00:10:36,292 --> 00:10:38,294
♪
290
00:10:40,340 --> 00:10:42,342
[indistinct chatter]
291
00:10:48,043 --> 00:10:49,218
BENNY:
There he is.
292
00:10:49,262 --> 00:10:51,090
Oh, hustler, hustler.
[laughs]
293
00:10:51,133 --> 00:10:54,310
Survived your first day
on the medical malpractice beat?
294
00:10:54,354 --> 00:10:56,704
Other side threw in the towel.
Gave up.
295
00:10:56,748 --> 00:10:58,271
Offered to pay us money
to go away.
296
00:10:58,314 --> 00:11:01,404
Ooh. You are knee-deep now.Yeah.
297
00:11:01,448 --> 00:11:03,102
Keep shoveling.[laughs]
298
00:11:03,145 --> 00:11:04,320
Bull know you're here?
299
00:11:04,364 --> 00:11:06,714
Nah, but so what?
300
00:11:06,758 --> 00:11:10,979
Actually, I came by
to tell you I think I'm good.
301
00:11:11,023 --> 00:11:12,720
Okay.
302
00:11:12,764 --> 00:11:14,722
So tell me about tomorrow.
303
00:11:14,766 --> 00:11:16,376
Opening statements.
304
00:11:16,419 --> 00:11:19,379
Plaintiffs are gonna say that
my client made a bad decision
305
00:11:19,422 --> 00:11:20,902
she had no right to make,
306
00:11:20,946 --> 00:11:22,512
and I'm gonna tell them
about a woman
307
00:11:22,556 --> 00:11:25,472
who found herself in the middle
of a perfect storm,
308
00:11:25,515 --> 00:11:27,039
made the best choices she could,
309
00:11:27,082 --> 00:11:28,518
and saved five lives.
310
00:11:28,562 --> 00:11:30,390
First witness?Dr. Park.
311
00:11:30,433 --> 00:11:33,262
Now, he's gonna testify
that he told her to operate
312
00:11:33,306 --> 00:11:35,264
on the plaintiff first.
313
00:11:35,308 --> 00:11:36,701
I'm gonna try to imply
314
00:11:36,744 --> 00:11:38,441
that it was actually he
who was derelict,
315
00:11:38,485 --> 00:11:40,792
since he clearly didn't
consider thoroughly
316
00:11:40,835 --> 00:11:43,229
the conditions of the other
patients in the trauma bay.
317
00:11:43,272 --> 00:11:44,447
Sounds smart.
318
00:11:44,491 --> 00:11:47,407
Why, thank you, sir.
[chuckles]
319
00:11:47,450 --> 00:11:49,235
I'm gonna go.
320
00:11:49,278 --> 00:11:51,367
Just beware of the bank shot.
321
00:11:52,934 --> 00:11:54,153
Come again?
322
00:12:01,029 --> 00:12:02,552
Damn.
No, no.
323
00:12:04,293 --> 00:12:05,686
Oh, yeah.
324
00:12:06,339 --> 00:12:08,254
The bank shot.
325
00:12:09,385 --> 00:12:11,779
So you think you know
why the plaintiff
326
00:12:11,823 --> 00:12:15,827
is calling a witness,
and y-you may be right.
327
00:12:15,870 --> 00:12:19,308
But a lot of the time,
the other side
328
00:12:19,352 --> 00:12:22,355
will call a witness with
a whole other purpose entirely.
329
00:12:22,398 --> 00:12:23,704
The witness
will say everything
330
00:12:23,748 --> 00:12:25,488
you expect him to say,
but then,
331
00:12:25,532 --> 00:12:27,795
just at the last minute, boom,
332
00:12:27,839 --> 00:12:31,320
he'll throw a whole new
fact pattern out there.
333
00:12:31,364 --> 00:12:32,321
Bank shot.
334
00:12:34,106 --> 00:12:36,282
So what do I do?Two things.
335
00:12:36,325 --> 00:12:37,674
One, do your best.
336
00:12:37,718 --> 00:12:40,286
Two, stop saying you're good.
337
00:12:40,329 --> 00:12:42,941
You shouldn't be good
until this is all over.
338
00:12:42,984 --> 00:12:46,161
And then, only if you've won.
339
00:12:46,205 --> 00:12:48,076
Stay scared, Chunk.
340
00:12:49,208 --> 00:12:51,384
Bank shots can come
out of nowhere.
341
00:12:51,427 --> 00:12:53,821
GROSSMAN:
Let's talk about
the evening of the shooting.
342
00:12:53,865 --> 00:12:56,345
How soon after
you got the call
343
00:12:56,389 --> 00:12:58,478
did you have someone
reach out to Dr. Kinsey
344
00:12:58,521 --> 00:13:01,133
and ask her to return
to the hospital?
345
00:13:01,176 --> 00:13:03,309
I believe it was within minutes.
346
00:13:03,352 --> 00:13:07,356
GROSSMAN:
And when she arrived,
did you tell Dr. Kinsey to take
347
00:13:07,400 --> 00:13:09,881
Mr. Watkins up to the OR
for surgery
348
00:13:09,924 --> 00:13:12,231
as soon as a room
became available?
349
00:13:12,274 --> 00:13:14,320
I did.And even though
350
00:13:14,363 --> 00:13:18,498
she received that directive
from you, her superior,
351
00:13:18,541 --> 00:13:22,110
that's not
what Dr. Kinsey did, is it?
352
00:13:23,155 --> 00:13:24,852
PARK: No.Now, you mentioned
353
00:13:24,896 --> 00:13:27,072
that Dr. Kinsey
decided to deploy
354
00:13:27,115 --> 00:13:28,290
a REBOA.
355
00:13:28,334 --> 00:13:29,857
Had you been consulted,
356
00:13:29,901 --> 00:13:31,641
would you have approved
of this decision?
357
00:13:31,685 --> 00:13:34,514
No, I would not.
358
00:13:34,557 --> 00:13:39,475
In my 27 years, I've actually
never used a REBOA.
359
00:13:39,519 --> 00:13:41,826
As far as I know,
the mainstream medical community
360
00:13:41,869 --> 00:13:46,569
has still not reached a decision
as to when, where or even if
361
00:13:46,613 --> 00:13:48,310
the REBOA should be used.
362
00:13:48,354 --> 00:13:50,530
It comes with a slew
of complications
363
00:13:50,573 --> 00:13:52,706
and high mortality rates.
364
00:13:52,749 --> 00:13:55,796
Are you surprised
the use of the REBOA resulted
365
00:13:55,840 --> 00:13:57,406
in Ryan Watkins' death?
366
00:13:57,450 --> 00:13:59,582
No.
No further questions
367
00:13:59,626 --> 00:14:01,846
for this witness, Your Honor.
368
00:14:03,543 --> 00:14:06,459
I'm not a doctor, but I sense
we're bleeding out here.
369
00:14:07,852 --> 00:14:09,462
Before I begin my questioning,
370
00:14:09,505 --> 00:14:10,855
I'd just like to thank you,
Dr. Park,
371
00:14:10,898 --> 00:14:13,509
you and the entire
Mercy Hospital team,
372
00:14:13,553 --> 00:14:16,251
for all of your hard work
during that awful night.
373
00:14:16,295 --> 00:14:18,210
Thank you.
374
00:14:18,253 --> 00:14:20,516
Now, you testified that
mere minutes after receiving
375
00:14:20,560 --> 00:14:22,431
the call about
the mass shooting,
376
00:14:22,475 --> 00:14:25,043
you directed someone
to call Dr. Kinsey
377
00:14:25,086 --> 00:14:26,827
and see if she'd be able
to come back to work.
378
00:14:26,871 --> 00:14:29,438
Yes.Even though she just
finished a 12-hour shift.
379
00:14:29,482 --> 00:14:30,613
Yes.
380
00:14:30,657 --> 00:14:32,441
You must hold her
in pretty high regard,
381
00:14:32,485 --> 00:14:34,443
wouldn't you say?
382
00:14:34,487 --> 00:14:35,880
I suppose so.
383
00:14:35,923 --> 00:14:39,057
In fact, you hired her,
didn't you?
384
00:14:39,100 --> 00:14:41,624
I was among the people
on the committee
385
00:14:41,668 --> 00:14:43,626
that weighed in
on her hiring, yes.
386
00:14:43,670 --> 00:14:47,152
I think it stands to reason
that at some point
387
00:14:47,195 --> 00:14:50,764
you had a high degree of faith
in Dr. Kinsey's decision-making.
388
00:14:50,807 --> 00:14:51,939
Wouldn't you say?
389
00:14:51,983 --> 00:14:54,289
And it's Chunk Palmer on the 20.
390
00:14:55,508 --> 00:14:57,553
I'm waiting for an answer,
Dr. Park.
391
00:14:57,597 --> 00:14:59,599
GROSSMAN:
Objection, Your
Honor. Relevance.
392
00:14:59,642 --> 00:15:02,080
This trial is not about
why Dr. Kinsey was hired.
393
00:15:02,123 --> 00:15:04,647
It is about why she
did what she did
394
00:15:04,691 --> 00:15:08,477
after being given specific
instructions by her superior.
395
00:15:08,521 --> 00:15:10,740
Objection sustained.
Ask another question,
396
00:15:10,784 --> 00:15:12,525
Counselor.
397
00:15:12,568 --> 00:15:15,006
Situations like this,
a-a mass shooting,
398
00:15:15,049 --> 00:15:16,746
are fast-moving
399
00:15:16,790 --> 00:15:18,487
and fluid,
aren't they?Of course.
400
00:15:18,531 --> 00:15:20,837
And so, as patients
are moved from EMS
401
00:15:20,881 --> 00:15:24,015
to emergency room doctors
to trauma surgeons,
402
00:15:24,058 --> 00:15:27,975
quite often their condition
changes rapidly, doesn't it?
403
00:15:28,019 --> 00:15:29,194
That's correct.
404
00:15:29,237 --> 00:15:30,978
And am I safe in
assuming that, ideally,
405
00:15:31,022 --> 00:15:34,808
you would want them to be
reassessed as often as possible?
406
00:15:34,851 --> 00:15:36,549
Of course.
So,
407
00:15:36,592 --> 00:15:38,377
the night that you decided
that Mr. Watkins
408
00:15:38,420 --> 00:15:41,771
should be operated on
prior to anyone else,
409
00:15:41,815 --> 00:15:44,774
isn't it possible that while
that was the right decision
410
00:15:44,818 --> 00:15:47,952
when you made it, it might not
have been the right decision
411
00:15:47,995 --> 00:15:49,649
five or ten minutes later?
412
00:15:49,692 --> 00:15:51,477
And isn't
it possible
413
00:15:51,520 --> 00:15:53,000
that on Dr. Kinsey's subsequent,
414
00:15:53,044 --> 00:15:55,307
more thorough
examination,
415
00:15:55,350 --> 00:15:57,744
and faced with two
critically wounded patients,
416
00:15:57,787 --> 00:16:00,442
she could reasonably disagree
with your assessment?
417
00:16:00,486 --> 00:16:03,010
She lost a patient.
418
00:16:03,054 --> 00:16:06,492
If she had done what you told
her, she could have lost two.
419
00:16:06,535 --> 00:16:08,233
Bingo.GROSSMAN:
Objection, Your Honor.
420
00:16:08,276 --> 00:16:10,887
Counsel is testifying.[gavel bangs]
421
00:16:10,931 --> 00:16:13,107
Objection sustained.
The jury will disregard
422
00:16:13,151 --> 00:16:14,848
counsel's last statement.
423
00:16:14,891 --> 00:16:16,632
It's already forever burned
in their brains.
424
00:16:16,676 --> 00:16:18,025
RAND:
Mr. Palmer?
425
00:16:18,069 --> 00:16:20,680
You do know the difference
between a question
426
00:16:20,723 --> 00:16:22,638
and a statement, don't you?
427
00:16:22,682 --> 00:16:24,031
You bet he does.
428
00:16:24,075 --> 00:16:25,511
I do, Your Honor,
and I apologize
429
00:16:25,554 --> 00:16:28,731
to the court and to the jury
and the witness.
430
00:16:28,775 --> 00:16:30,516
Your apology's accepted.
431
00:16:30,559 --> 00:16:33,606
You get one, Mr. Palmer.
432
00:16:33,649 --> 00:16:35,521
Any more questions
for this witness?
433
00:16:35,564 --> 00:16:38,698
Not at this time, Your Honor.
434
00:16:38,741 --> 00:16:40,047
GROSSMAN:
Permission to redirect?
435
00:16:40,091 --> 00:16:41,918
RAND:
Go ahead,
Ms. Grossman.
436
00:16:41,962 --> 00:16:43,964
GROSSMAN:
Now, Dr. Park,
437
00:16:44,008 --> 00:16:47,272
this isn't the first time
that Dr. Kinsey has gone rogue
438
00:16:47,315 --> 00:16:48,621
while on your watch,
is it?
439
00:16:48,664 --> 00:16:51,711
No, it is not.
440
00:16:51,754 --> 00:16:53,713
GROSSMAN:
Could you elaborate
for us, please?
441
00:16:53,756 --> 00:16:55,932
PARK:
It was three months or so
442
00:16:55,976 --> 00:16:57,760
after Dr. Kinsey
joined our staff.
443
00:16:57,804 --> 00:17:00,589
We had a patient,
a car crash victim.
444
00:17:00,633 --> 00:17:04,680
Upon examination we realized she
had cirrhosis-- liver disease--
445
00:17:04,724 --> 00:17:06,117
and had developed ascites,
446
00:17:06,160 --> 00:17:10,077
essentially an accumulation
of fluid in the abdomen
447
00:17:10,121 --> 00:17:14,212
which can cause kidney or
liver failure if left untreated.
448
00:17:14,255 --> 00:17:16,866
And you had Dr. Kinsey
work on this patient?
449
00:17:16,910 --> 00:17:20,783
Yes. A common procedure
is to drain the fluid
450
00:17:20,827 --> 00:17:23,612
through what's called
therapeutic paracentesis.
451
00:17:23,656 --> 00:17:26,789
You have to very carefully
hold a needle
452
00:17:26,833 --> 00:17:28,617
while the fluid drains.
453
00:17:28,661 --> 00:17:33,318
If the patient moves
or if the needle slips,
454
00:17:33,361 --> 00:17:36,451
it could puncture the liver,
causing internal bleeding.
455
00:17:36,495 --> 00:17:39,672
And so you had Dr. Kinsey
perform this procedure?
456
00:17:39,715 --> 00:17:41,108
That's correct.
457
00:17:41,152 --> 00:17:42,718
But apparently, there was
458
00:17:42,762 --> 00:17:45,852
an urgent situation
down the hall,
459
00:17:45,895 --> 00:17:47,767
and instead of stopping
the procedure
460
00:17:47,810 --> 00:17:51,988
and pulling the needle out
to go and attend to the problem,
461
00:17:52,032 --> 00:17:55,905
Dr. Kinsey decided to tape
the needle in place,
462
00:17:55,949 --> 00:17:58,821
I suppose hoping
that it would auto-drain
463
00:17:58,865 --> 00:18:01,128
while she was off
assisting down the hall.
464
00:18:01,172 --> 00:18:02,651
GROSSMAN:
Is that something
that's recommended
465
00:18:02,695 --> 00:18:04,392
while performing this procedure?
466
00:18:04,436 --> 00:18:06,307
No. Absolutely not.
467
00:18:06,351 --> 00:18:08,483
You never leave
a sharp instrument
468
00:18:08,527 --> 00:18:11,138
sticking out
of a patient unattended.
469
00:18:11,182 --> 00:18:13,227
Luckily, I came by
to check on the procedure.
470
00:18:13,271 --> 00:18:15,577
I pulled the needle,
preserving the patient's safety,
471
00:18:15,621 --> 00:18:18,580
and had a very long talk
with Dr. Kinsey.
472
00:18:18,624 --> 00:18:23,759
The thing is, it was clever,
but not responsible medicine.
473
00:18:23,803 --> 00:18:25,718
GROSSMAN:
So,
474
00:18:25,761 --> 00:18:28,851
it appears that Dr. Kinsey
has a history
475
00:18:28,895 --> 00:18:32,377
of maverick medical procedures
that risk patient health.
476
00:18:32,420 --> 00:18:34,292
Objection.
Counsel is testifying.
477
00:18:34,335 --> 00:18:35,989
Rephrase, Ms. Grossman.
478
00:18:36,032 --> 00:18:37,599
I'll withdraw the statement.
479
00:18:37,643 --> 00:18:39,819
No further questions.
480
00:18:45,607 --> 00:18:47,218
BULL:
Where the hell did
that come from?
481
00:18:47,261 --> 00:18:48,262
CHUNK:
Bank shot.
482
00:18:52,179 --> 00:18:53,354
KINSEY:
You have to understand.
From my perspective,
483
00:18:53,398 --> 00:18:55,313
it was a nonevent.
484
00:18:55,356 --> 00:18:58,316
The woman's abdomen was draining
just fine and I was attending
485
00:18:58,359 --> 00:18:59,404
to another patient.
486
00:18:59,447 --> 00:19:00,840
Dr. Park came by,
487
00:19:00,883 --> 00:19:02,276
and I wasn't doing it
the way he would do it,
488
00:19:02,320 --> 00:19:05,018
but that doesn't mean
I was doing it improperly.
489
00:19:05,061 --> 00:19:06,976
I don't mean
to cast aspersions,
490
00:19:07,020 --> 00:19:10,066
but Park, he's the kind of guy
who's gonna keep making his bed
491
00:19:10,110 --> 00:19:13,505
until it's absolutely perfect,
even when the house is on fire.
492
00:19:13,548 --> 00:19:15,855
Be that as it may,
the plaintiff's attorney
493
00:19:15,898 --> 00:19:17,987
has already planted it
in the jury's mind
494
00:19:18,031 --> 00:19:20,425
that you're some kind
of rebel doctor,
495
00:19:20,468 --> 00:19:22,557
willing to compromise
your patient's well-being
496
00:19:22,601 --> 00:19:25,299
for the satisfaction
of doing it your way.
497
00:19:25,343 --> 00:19:26,822
CHUNK:
Do you know
498
00:19:26,866 --> 00:19:28,476
a Dr. Kendra Collier?
499
00:19:28,520 --> 00:19:31,044
Name rings a bell.
500
00:19:31,087 --> 00:19:33,873
Uh, maybe the military?
Maybe Afghanistan?
501
00:19:33,916 --> 00:19:35,875
CHUNK:
Well, she's on this
revised witness list
502
00:19:35,918 --> 00:19:38,051
and is first up
to testify tomorrow.
503
00:19:38,094 --> 00:19:39,879
Sorry.
504
00:19:39,922 --> 00:19:43,317
In case it jogs your memory,
she is a critical care physician
505
00:19:43,361 --> 00:19:44,927
out of San Antonio?
506
00:19:44,971 --> 00:19:47,103
Never been to San Antonio.
507
00:19:47,147 --> 00:19:48,061
TAYLOR:
Okay, how's this?
508
00:19:48,104 --> 00:19:50,933
From 2004 to
2009, she worked
509
00:19:50,977 --> 00:19:52,848
at Landstuhl Regional
Medical Facility in Germany.
510
00:19:52,892 --> 00:19:54,894
Okay. Military doctor,
I got that part right,
511
00:19:54,937 --> 00:19:56,983
but I never served in Germany.
512
00:19:57,026 --> 00:19:58,332
MARISSA:
So you have no clue
why they're calling her
513
00:19:58,376 --> 00:20:00,073
to testify?
514
00:20:00,116 --> 00:20:03,163
Uh, San Antonio to New York City
is a pretty pricy plane ticket.
515
00:20:03,207 --> 00:20:04,817
There's got to be a reason
that they're willing
516
00:20:04,860 --> 00:20:06,253
to go to so much trouble.
517
00:20:07,341 --> 00:20:09,169
I'm sorry.
I don't know who she is.
518
00:20:10,126 --> 00:20:12,738
Well, I guess we will
all find out tomorrow.
519
00:20:14,740 --> 00:20:16,002
[brakes squeaking]
520
00:20:16,045 --> 00:20:17,221
We making a stop?
521
00:20:17,264 --> 00:20:19,440
I asked Benny to join us.
522
00:20:19,484 --> 00:20:21,442
He's gonna sit with me
in the gallery.
523
00:20:21,486 --> 00:20:24,184
I need an extra set
of eyes and ears.
524
00:20:25,316 --> 00:20:27,056
[grunts]
525
00:20:28,057 --> 00:20:29,450
Morning, fellas.
526
00:20:29,494 --> 00:20:32,148
Well, isn't this
a nice surprise?
527
00:20:32,192 --> 00:20:34,107
I was just reading about
you in the newspaper here.
528
00:20:34,150 --> 00:20:35,500
At least I think it's you.
529
00:20:35,543 --> 00:20:37,153
The way they spelled
your name made it sound
530
00:20:37,197 --> 00:20:39,678
like you're a part of
somebody's digestive system.
531
00:20:39,721 --> 00:20:43,247
"Benny Colon."
[laughs]
532
00:20:43,290 --> 00:20:46,511
Seriously, man, congratulations.
You got my vote.
533
00:20:46,554 --> 00:20:49,862
Yeah, that's just 'cause
you want your old office back.
534
00:20:49,905 --> 00:20:52,081
So you made
the announcement last night?
535
00:20:52,125 --> 00:20:53,822
Not me, personally, but yeah.
536
00:20:53,866 --> 00:20:55,955
It's finally out there.
537
00:20:55,998 --> 00:20:58,087
I think they were afraid
if they didn't announce it soon,
538
00:20:58,131 --> 00:21:00,481
I was going to change my mind. [gavel bangs]
539
00:21:00,525 --> 00:21:02,048
GROSSMAN:
Dr. Collier,
540
00:21:02,091 --> 00:21:05,007
the defendant, Dr. Kinsey,
in her deposition, claims
541
00:21:05,051 --> 00:21:09,142
that she successfully deployed
a REBOA for over one hour
542
00:21:09,185 --> 00:21:13,320
in a Colonel Mark Winston during
her service in Afghanistan.
543
00:21:13,364 --> 00:21:14,887
Now, you were part
544
00:21:14,930 --> 00:21:16,845
of the treatment
team at Landstuhl
545
00:21:16,889 --> 00:21:19,152
for that same
soldier, correct?Correct.
546
00:21:19,195 --> 00:21:22,111
Can you tell us about
Colonel Winston's injuries?
547
00:21:22,155 --> 00:21:25,941
Winston's unit was hit with
an improvised explosive device
548
00:21:25,985 --> 00:21:27,334
in Afghanistan.
549
00:21:27,378 --> 00:21:29,380
He suffered massive
abdominal wounds
550
00:21:29,423 --> 00:21:32,208
and had to be transferred to
the Kandahar base for surgery,
551
00:21:32,252 --> 00:21:34,689
and then to us in Landstuhl
for further treatment.
552
00:21:34,733 --> 00:21:37,039
He survived the transports,
but died in our care
553
00:21:37,083 --> 00:21:38,563
eight days later.
554
00:21:38,606 --> 00:21:39,781
Oh, no...
555
00:21:39,825 --> 00:21:42,915
GROSSMAN: Were his wounds
just too severe?
556
00:21:42,958 --> 00:21:45,613
His wounds were very severe.
But that's not what killed him.
557
00:21:45,657 --> 00:21:48,355
Well, then, what did?
558
00:21:48,399 --> 00:21:50,444
Well, as you mentioned,
the medical team
559
00:21:50,488 --> 00:21:52,228
who performed the initial
transport in Afghanistan,
560
00:21:52,272 --> 00:21:53,229
the one supervised
561
00:21:53,273 --> 00:21:54,927
by Dr. Kinsey,
562
00:21:54,970 --> 00:21:59,105
used a REBOA to keep the colonel
from hemorrhaging during flight.
563
00:21:59,148 --> 00:22:02,151
Unfortunately,
the transport took an hour,
564
00:22:02,195 --> 00:22:05,720
and that's a long time to
cut off someone's blood supply.
565
00:22:05,764 --> 00:22:08,244
So you're saying
it was the REBOA
566
00:22:08,288 --> 00:22:10,508
that led to Colonel Winston's
death?
567
00:22:10,551 --> 00:22:12,597
Essentially, yes.
568
00:22:12,640 --> 00:22:14,076
The REBOA pretty much
killed his legs,
569
00:22:14,120 --> 00:22:17,036
and Winston ultimately
died of sepsis.
570
00:22:17,079 --> 00:22:18,254
GROSSMAN:
But this didn't happen
571
00:22:18,298 --> 00:22:20,866
in the case of
Ryan Watkins, did it?
572
00:22:20,909 --> 00:22:23,521
Same cause,
different complication.
573
00:22:23,564 --> 00:22:26,262
In Mr. Watkins' case,
it wasn't his legs,
574
00:22:26,306 --> 00:22:28,613
but the end result
was the same.
575
00:22:28,656 --> 00:22:32,399
So, in your professional
opinion, was it reasonable
576
00:22:32,443 --> 00:22:36,403
for Dr. Kinsey to assume that
she could successfully deploy
577
00:22:36,447 --> 00:22:39,841
a REBOA for such
a lengthy period of time
578
00:22:39,885 --> 00:22:42,801
in either Colonel Winston or,
for that matter,
579
00:22:42,844 --> 00:22:45,194
in the case of Ryan Watkins?
580
00:22:45,238 --> 00:22:46,761
No.
581
00:22:46,805 --> 00:22:49,808
You just can't keep it in
that long and expect it to work.
582
00:22:49,851 --> 00:22:52,114
GROSSMAN:
No further questions.
583
00:22:52,158 --> 00:22:53,986
Your witness, Mr. Palmer.
584
00:22:54,029 --> 00:22:56,075
Ask the judge
for a short recess.
585
00:22:56,118 --> 00:22:58,294
I think the two of us
should confer with Benny.
586
00:22:58,338 --> 00:22:59,774
I got this.
587
00:23:01,472 --> 00:23:05,432
Okay, I just listened
to your testimony, Dr. Collier,
588
00:23:05,476 --> 00:23:08,783
and I have to tell you
I'm a little confused.
589
00:23:08,827 --> 00:23:10,219
Let me see if I can't
help you, then.
590
00:23:10,263 --> 00:23:13,266
CHUNK:
Great. So, let's start
back at the beginning.
591
00:23:13,309 --> 00:23:15,181
A patient like Colonel Winston,
592
00:23:15,224 --> 00:23:19,054
all these abdominal wounds...
593
00:23:19,098 --> 00:23:21,796
There any way he's gonna survive
a 60-minute transport
594
00:23:21,840 --> 00:23:24,538
without some sort
of hemorrhage control?
595
00:23:26,410 --> 00:23:29,456
No.And without some sort
of hemorrhage control,
596
00:23:29,500 --> 00:23:32,372
how quickly is someone
in the colonel's condition
597
00:23:32,416 --> 00:23:36,376
likely to bleed out?
30 minutes?
598
00:23:37,812 --> 00:23:39,684
15 minutes?
599
00:23:41,207 --> 00:23:44,166
Would he have even
lasted five minutes?
600
00:23:45,864 --> 00:23:47,343
Less than five minutes.
601
00:23:47,387 --> 00:23:49,171
CHUNK:
So the options were either
602
00:23:49,215 --> 00:23:51,304
let the patient die
on the helicopter,
603
00:23:51,347 --> 00:23:55,308
or deploy this REBOA
and get him to a facility
604
00:23:55,351 --> 00:23:58,311
where he could be treated
and possibly saved?
605
00:23:58,354 --> 00:24:00,182
Isn't that correct?
606
00:24:00,226 --> 00:24:02,968
Basically, yes.So the REBOA
607
00:24:03,011 --> 00:24:05,971
bought him time.
608
00:24:06,014 --> 00:24:09,278
In fact, it bought him
eight days, didn't it?
609
00:24:09,322 --> 00:24:10,932
Because had it not
been used,
610
00:24:10,976 --> 00:24:12,847
he would have died on day one.
611
00:24:12,891 --> 00:24:14,022
Isn't that correct?
612
00:24:14,066 --> 00:24:15,633
Yes, that would be correct.
613
00:24:15,676 --> 00:24:17,156
So let me ask you
a question.
614
00:24:17,199 --> 00:24:18,418
During the time
that you were
615
00:24:18,462 --> 00:24:20,855
treating the colonel
in Landstuhl,
616
00:24:20,899 --> 00:24:23,467
did his family come to see him?
617
00:24:23,510 --> 00:24:26,295
His wife, his son?
618
00:24:26,339 --> 00:24:28,123
Yes, I believe they did.
619
00:24:28,167 --> 00:24:31,910
So the REBOA,
the dreaded REBOA,
620
00:24:31,953 --> 00:24:35,609
actually allowed the colonel
to have eight more days
621
00:24:35,653 --> 00:24:39,526
to spend with his family
and to say goodbye to them?
622
00:24:39,570 --> 00:24:40,832
Isn't that correct?
623
00:24:40,875 --> 00:24:42,921
Yes.
624
00:24:42,964 --> 00:24:45,053
I suppose it did.
625
00:24:45,097 --> 00:24:47,142
Sounds like Dr. Kinsey
626
00:24:47,186 --> 00:24:49,754
made the right choice to me.GROSSMAN: Objection!
627
00:24:49,797 --> 00:24:51,320
Counsel is testifying.
628
00:24:51,364 --> 00:24:52,583
RAND:
Objection sustained.
629
00:24:52,626 --> 00:24:55,281
The jury will ignore
counsel's last question.
630
00:24:55,324 --> 00:24:58,502
I do apologize, Your Honor.
No further questions.
631
00:24:58,545 --> 00:25:02,854
Gosh, I knew him when he used to
tell clients what color shirts
632
00:25:02,897 --> 00:25:05,552
to wear to their depositions.
633
00:25:05,596 --> 00:25:10,383
Very impressive
cross-examination, Chunk.Thank you.
634
00:25:10,426 --> 00:25:12,472
I'm glad you think so,
Counselor.
635
00:25:12,516 --> 00:25:16,563
Mr. Palmer, the next time I tell
you to ask for a short recess,
636
00:25:16,607 --> 00:25:18,434
ask for a short recess.
637
00:25:18,478 --> 00:25:20,132
Bull, the man did great.
638
00:25:20,175 --> 00:25:22,047
And then we will
go out into the hall,
639
00:25:22,090 --> 00:25:24,049
you will share your thoughts,
I will share my thoughts,
640
00:25:24,092 --> 00:25:26,051
and Mr. Colón, who is not yet
the city's D.A.,
641
00:25:26,094 --> 00:25:27,443
will offer his
point of view,
642
00:25:27,487 --> 00:25:29,620
and then I will decide
what we are going to do.
643
00:25:29,663 --> 00:25:33,188
Do we all understand
each other?
644
00:25:33,232 --> 00:25:35,756
Well, I understand
what you're saying,
645
00:25:35,800 --> 00:25:37,845
but I don't know why
you're saying it.
646
00:25:37,889 --> 00:25:40,326
Because you got lucky, Chunk.
647
00:25:40,369 --> 00:25:42,328
We walked into court today
knowing very little
648
00:25:42,371 --> 00:25:43,547
about that doctor.
649
00:25:43,590 --> 00:25:45,636
We didn't even know why
she was testifying.
650
00:25:45,679 --> 00:25:47,812
She could have just as easily
answered your question
651
00:25:47,855 --> 00:25:50,597
that it was her medical skill
that kept that man alive
652
00:25:50,641 --> 00:25:52,425
for eight days,
and it would have been 20
653
00:25:52,468 --> 00:25:54,209
had our client
not used a REBOA.
654
00:25:54,253 --> 00:25:56,472
But she didn't say
any of that, did she?
655
00:25:56,516 --> 00:25:58,474
Don't confuse luck with skill.
656
00:25:58,518 --> 00:25:59,780
I'm not confused.
657
00:25:59,824 --> 00:26:01,434
I took a shot and it paid off.
658
00:26:01,477 --> 00:26:03,479
Well, we don't take shots
with other people's lives
659
00:26:03,523 --> 00:26:05,612
and livelihoods,
and we don't ask questions
660
00:26:05,656 --> 00:26:07,222
we don't know the answers to.
661
00:26:07,266 --> 00:26:09,747
And we certainly don't
ignore the opportunity
662
00:26:09,790 --> 00:26:12,619
to compare notes with two people
whose combined experience
663
00:26:12,663 --> 00:26:15,753
equals almost as much time
as you've been on the planet.
664
00:26:19,321 --> 00:26:21,367
He's running for office,
you're going rogue.
665
00:26:23,717 --> 00:26:25,197
Believe me, I'd go to court
666
00:26:25,240 --> 00:26:28,069
and ask the questions myself
if I could.
[scoffs]
667
00:26:37,035 --> 00:26:38,819
Sorry. Sorry, sorry.
668
00:26:38,863 --> 00:26:40,865
I couldn't get a cab.
I ended up taking the subway.
669
00:26:40,908 --> 00:26:42,736
And forgive me,
I never got a chance
670
00:26:42,780 --> 00:26:45,652
to tell you how impressive
you were yesterday,
671
00:26:45,696 --> 00:26:46,784
cross-examining that doctor
from San Antonio.
672
00:26:46,827 --> 00:26:49,134
Thank you.
Just got lucky.
673
00:26:49,177 --> 00:26:50,831
KINSEY:
Whatever. It worked.
674
00:26:50,875 --> 00:26:52,920
So, what does today hold?
675
00:26:52,964 --> 00:26:55,183
That's what we're here
to ask you.
676
00:26:55,227 --> 00:26:57,925
The first witness up today
is Nurse Darna Bautista.
677
00:26:57,969 --> 00:27:00,624
Now, she worked with you
the night that Mr. Watkins died.
678
00:27:00,667 --> 00:27:02,277
Any idea what she's gonna say?
679
00:27:02,321 --> 00:27:04,802
[scoffs]
That I'm a bitch.
680
00:27:04,845 --> 00:27:06,717
She idolizes Dr. Park.
681
00:27:06,760 --> 00:27:08,414
When I said I wasn't
gonna do things
682
00:27:08,457 --> 00:27:10,938
in exactly the way...
in exactly the order
683
00:27:10,982 --> 00:27:12,766
that Dr. Park indicated,
684
00:27:12,810 --> 00:27:14,638
she looked like she was
gonna have a stroke.
685
00:27:14,681 --> 00:27:16,770
When you say
she idolizes Dr. Park,
686
00:27:16,814 --> 00:27:17,902
what does that mean?
687
00:27:17,945 --> 00:27:19,730
They were friends? Lovers?
688
00:27:19,773 --> 00:27:21,514
No, I don't think so.
689
00:27:21,557 --> 00:27:24,560
I just know she thinks
he walks on water.
690
00:27:24,604 --> 00:27:27,041
Nurse Bautista,
you were one of the ER nurses
691
00:27:27,085 --> 00:27:29,565
working at Mercy
the evening of the shooting?
692
00:27:29,609 --> 00:27:30,871
Yes, I was.
693
00:27:30,915 --> 00:27:33,004
I was providing care
for Ryan Watkins.
694
00:27:33,047 --> 00:27:35,223
First under the supervision
of Dr. Park,
695
00:27:35,267 --> 00:27:37,748
and then under the supervision
of Dr. Kinsey.
696
00:27:37,791 --> 00:27:40,620
And did you have occasion
to tell Dr. Kinsey
697
00:27:40,664 --> 00:27:42,100
anything about her patient?
698
00:27:42,143 --> 00:27:43,536
I did.
699
00:27:43,579 --> 00:27:45,625
I'm guessing you're
talking about
700
00:27:45,669 --> 00:27:47,105
normal medical information
701
00:27:47,148 --> 00:27:50,369
that a doctor might expect
a nurse to provide.
Yes.
702
00:27:50,412 --> 00:27:54,025
But I also shared
something else with her.
703
00:27:54,068 --> 00:27:56,418
Something I shouldn't
have shared.
704
00:27:56,462 --> 00:27:58,682
Something that wasn't true,
705
00:27:58,725 --> 00:28:00,031
although I didn't
know it at the time.
706
00:28:00,074 --> 00:28:01,423
What did she say to you?
707
00:28:01,467 --> 00:28:03,948
I honestly don't know.
Nothing beyond the usual.
708
00:28:03,991 --> 00:28:05,950
GROSSMAN:
And what was that?
709
00:28:05,993 --> 00:28:10,128
You have to understand,
it was chaos that night.
710
00:28:10,171 --> 00:28:12,783
There was all kinds of
misinformation flying around.
711
00:28:12,826 --> 00:28:14,828
At one point we heard
there were three gunmen.
712
00:28:14,872 --> 00:28:16,308
At another point,
somebody wrote a tweet
713
00:28:16,351 --> 00:28:19,006
that the shooting was
a terrorist operation.
714
00:28:19,050 --> 00:28:21,487
We understand how stressful
this situation
715
00:28:21,530 --> 00:28:23,663
must have been for you,
Ms. Bautista,
716
00:28:23,707 --> 00:28:25,447
but what is it
717
00:28:25,491 --> 00:28:27,058
you said to Dr. Kinsey?
718
00:28:28,102 --> 00:28:30,583
When EMS brought in Mr. Watkins
719
00:28:30,626 --> 00:28:33,978
into the ER that night...
720
00:28:34,021 --> 00:28:39,505
I was led to believe that he,
um, Mr. Watkins...
721
00:28:39,548 --> 00:28:40,898
was the shooter.
722
00:28:42,116 --> 00:28:44,945
And you shared that
with Dr. Kinsey?
723
00:28:44,989 --> 00:28:46,251
Yes, I did.
724
00:28:46,294 --> 00:28:47,774
Obviously, I don't know if that
725
00:28:47,818 --> 00:28:51,038
had anything to do
with Dr. Kinsey's decision,
726
00:28:51,082 --> 00:28:52,605
but I know it would have
affected me
727
00:28:52,648 --> 00:28:54,172
if I had been in her shoes.
728
00:28:54,215 --> 00:28:56,043
Objection.
The witness is speculating,
729
00:28:56,087 --> 00:28:57,088
offering her opinion.
730
00:28:57,131 --> 00:28:59,351
Sustained. Jury will ignore.
731
00:28:59,394 --> 00:29:02,920
GROSSMAN:
So, Nurse Bautista,
in a situation like this,
732
00:29:02,963 --> 00:29:05,836
is it a doctor's job
to determine
733
00:29:05,879 --> 00:29:10,362
whose life is more valuable,
who deserves to be saved?
734
00:29:10,405 --> 00:29:14,061
Your Honor, opposing counsel is
soliciting the witness's opinion
735
00:29:14,105 --> 00:29:15,410
using different phrasing.
736
00:29:15,454 --> 00:29:17,282
Sustained.
Ms. Grossman,
737
00:29:17,325 --> 00:29:20,285
the ice is paper-thin
where you're standing.
738
00:29:20,328 --> 00:29:21,808
You understand me?
739
00:29:21,852 --> 00:29:24,028
I do, Your Honor,
and I withdraw the question.
740
00:29:24,071 --> 00:29:25,681
No further questions.
741
00:29:25,725 --> 00:29:27,901
I promise you, I have no
recollection of anyone saying
742
00:29:27,945 --> 00:29:29,468
that any of the people
we were trying to save
743
00:29:29,511 --> 00:29:30,599
that night might have
been the shooter.
744
00:29:30,643 --> 00:29:32,036
I know, I know.
745
00:29:32,079 --> 00:29:34,081
Ask for a short recess.
746
00:29:36,083 --> 00:29:39,652
Okay, we basically
have two choices.
747
00:29:39,695 --> 00:29:42,611
We can go back in there
and say we have
748
00:29:42,655 --> 00:29:44,700
no more questions
for the nurse
749
00:29:44,744 --> 00:29:47,225
and start our case by
putting on Dr. Kinsey.
750
00:29:47,268 --> 00:29:48,661
That's a horrible choice.
751
00:29:48,704 --> 00:29:50,402
Or we go back in there and
say we have no questions
752
00:29:50,445 --> 00:29:52,796
for the nurse
and rest our case as well,
753
00:29:52,839 --> 00:29:55,059
and stake everything
on closing arguments.
754
00:29:55,102 --> 00:29:58,714
Oh, my God,
so we're just... giving up?
755
00:29:58,758 --> 00:30:00,760
With all due respect,
Dr. Bull,
756
00:30:00,804 --> 00:30:02,414
but why wouldn't you want me
to go back in there
757
00:30:02,457 --> 00:30:03,850
and grill that nurse?
758
00:30:03,894 --> 00:30:05,417
Get her to admit that
she never said those things.
759
00:30:05,460 --> 00:30:07,245
And how are you
gonna do that?
760
00:30:07,288 --> 00:30:10,683
How are you going to prove
someone didn't say something?
761
00:30:10,726 --> 00:30:13,207
How are you gonna prove
a negative?
762
00:30:13,251 --> 00:30:15,079
It's just gonna be
her word against ours,
763
00:30:15,122 --> 00:30:17,516
and no one is accusing her of
having allowed someone to die.
764
00:30:17,559 --> 00:30:19,866
But we can't let that jury
think that
765
00:30:19,910 --> 00:30:21,912
what that nurse said
is the truth.
766
00:30:23,914 --> 00:30:26,090
That's why we're gonna put
Dr. Kinsey on the stand.
767
00:30:26,133 --> 00:30:28,875
You can deny
having heard it.
768
00:30:28,919 --> 00:30:30,268
And, yes,
769
00:30:30,311 --> 00:30:33,053
it will still be your word
against the nurse's,
770
00:30:33,097 --> 00:30:36,056
but at least we will have
answered the accusation.
771
00:30:36,100 --> 00:30:38,015
It will be on the record.
772
00:30:38,058 --> 00:30:40,191
And then we will get you
off the stand
773
00:30:40,234 --> 00:30:42,889
as quickly as possible and
move on to closing arguments.
774
00:30:42,933 --> 00:30:45,457
So, wait, there are
no other witnesses?
775
00:30:45,500 --> 00:30:47,546
What about the people
I saved that night?
776
00:30:47,589 --> 00:30:49,461
Their family members.BULL: No.
777
00:30:49,504 --> 00:30:52,116
The second we swear them in,
opposing counsel will challenge
778
00:30:52,159 --> 00:30:56,033
on the basis of relevance,
and we will lose.
779
00:30:56,076 --> 00:30:57,817
Because your ability
to help them
780
00:30:57,861 --> 00:31:01,081
isn't relevant to the question
of whether you were reckless
781
00:31:01,125 --> 00:31:03,301
in your treatment
of Mr. Watkins.
782
00:31:04,432 --> 00:31:07,131
I'm sorry,
it just isn't.
783
00:31:07,174 --> 00:31:08,480
CHUNK:
Dr. Kinsey,
784
00:31:08,523 --> 00:31:11,135
do you recall Nurse Bautista
telling you
785
00:31:11,178 --> 00:31:15,182
that Ryan Watkins, the man whose
life you were trying to save,
786
00:31:15,226 --> 00:31:17,663
was in fact the man
who killed 38 people
787
00:31:17,706 --> 00:31:20,013
at the "We Are All from
Somewhere Else" demonstration?
788
00:31:20,057 --> 00:31:25,062
No. I have no recollection
of that. None.
789
00:31:25,105 --> 00:31:28,500
And for what it's worth,
had she told me,
790
00:31:28,543 --> 00:31:31,155
it would have made no difference
in my decision-making
791
00:31:31,198 --> 00:31:34,114
with regard to Mr. Watkins'
care that night.
792
00:31:34,158 --> 00:31:36,029
It's my job to help people,
793
00:31:36,073 --> 00:31:38,597
not to judge them.
794
00:31:38,640 --> 00:31:42,296
So tell us, why'd you
do what you did?
795
00:31:42,340 --> 00:31:45,430
Why'd you defy your superior
and decide to work
796
00:31:45,473 --> 00:31:47,911
on someone else first?
797
00:31:48,955 --> 00:31:50,609
Once Dr. Park left
798
00:31:50,652 --> 00:31:53,655
and I had a chance to examine
Mr. Watkins for myself,
799
00:31:53,699 --> 00:31:57,224
I realized,
he was really far gone.
800
00:31:57,268 --> 00:31:59,705
The likelihood of us
saving him that night
801
00:31:59,748 --> 00:32:02,969
in the OR was slim at best.
802
00:32:03,013 --> 00:32:05,841
It was also clear to me
that whatever we did,
803
00:32:05,885 --> 00:32:08,061
it was going to take hours.
804
00:32:08,105 --> 00:32:09,802
So when I saw that young woman,
805
00:32:09,845 --> 00:32:12,674
and realized
with about a half an hour
806
00:32:12,718 --> 00:32:16,243
I could get her to a place
where she could pull through...
807
00:32:18,332 --> 00:32:21,727
I... I had no choice.
808
00:32:21,770 --> 00:32:25,731
And what did Dr. Park say
later on that night
809
00:32:25,774 --> 00:32:29,517
when he found out that
Mr. Watkins didn't make it?
810
00:32:29,561 --> 00:32:32,390
I actually didn't see Dr. Park
the rest of the night.
811
00:32:32,433 --> 00:32:35,045
I mean, there were literally
hundreds of people
812
00:32:35,088 --> 00:32:37,786
seeking treatment;
I was pretty much on my own.
813
00:32:37,830 --> 00:32:39,571
So working on your own,
814
00:32:39,614 --> 00:32:42,008
without any supervision,
815
00:32:42,052 --> 00:32:45,969
how many people did you
personally save that night?
816
00:32:46,012 --> 00:32:50,582
I... I'm not really sure
how you would define "saved."
817
00:32:50,625 --> 00:32:53,237
How many people would have died
that night
818
00:32:53,280 --> 00:32:54,978
without you having treated them?
819
00:32:55,021 --> 00:32:58,155
At least five that I'm aware of.
820
00:32:58,198 --> 00:33:00,200
CHUNK:
Five.
821
00:33:00,244 --> 00:33:02,986
No further questions,
Your Honor.
822
00:33:03,029 --> 00:33:05,031
RAND:
Very well.
823
00:33:05,075 --> 00:33:07,903
Does the plaintiff have
any questions for the witness?
824
00:33:07,947 --> 00:33:10,341
I do, Your Honor.
825
00:33:10,384 --> 00:33:11,516
Just one.
826
00:33:11,559 --> 00:33:13,083
So...
827
00:33:13,126 --> 00:33:17,522
you believe that you
saved five lives that night?
828
00:33:19,393 --> 00:33:21,787
And how many do you believe
you lost?
829
00:33:21,830 --> 00:33:23,745
CHUNK:
Objection!
830
00:33:23,789 --> 00:33:25,747
Asked and answered.
831
00:33:25,791 --> 00:33:28,489
Never mind.
I withdraw the question.
832
00:33:35,018 --> 00:33:37,890
On August 25th, as
hundreds of people
833
00:33:37,933 --> 00:33:40,327
prepared to defy
the COVID virus
834
00:33:40,371 --> 00:33:42,025
and stage a mass protest
of our government's
835
00:33:42,068 --> 00:33:44,766
policies towards people
born in other countries
836
00:33:44,810 --> 00:33:46,420
who dream of better
lives in America...
837
00:33:46,464 --> 00:33:48,553
I think you're gonna
turn the jury off.
838
00:33:48,596 --> 00:33:49,815
These images are so disturbing,
839
00:33:49,858 --> 00:33:51,599
I can't even hear what Chunk
is saying.
840
00:33:51,643 --> 00:33:52,992
CHUNK:
...on these shores...Chunk.
841
00:33:53,036 --> 00:33:57,388
Marissa is worried that
the images are too violent,
842
00:33:57,431 --> 00:33:59,129
that they're gonna
turn the jury off.
843
00:33:59,172 --> 00:34:01,087
Well, I disagree.
844
00:34:01,131 --> 00:34:04,090
The more graphic, the more
in your face, the better.
845
00:34:04,134 --> 00:34:06,092
See, you're trying to
make the jury understand
846
00:34:06,136 --> 00:34:07,833
what it must have been
like for Dr. Kinsey,
847
00:34:07,876 --> 00:34:09,791
standing in the middle
of all that,
848
00:34:09,835 --> 00:34:12,925
trying to save as many lives
as possible.
849
00:34:12,968 --> 00:34:14,709
Do you do what
you're told
850
00:34:14,753 --> 00:34:16,276
or do you do what
you know is right?
851
00:34:16,320 --> 00:34:18,539
I second that.Yeah, but you're
852
00:34:18,583 --> 00:34:21,107
ex-law enforcement.
You've seen a lot
of blood and guts
853
00:34:21,151 --> 00:34:23,501
in your life. I mean, we've got
a nursery school teacher
854
00:34:23,544 --> 00:34:25,285
on the jury.
A seminary student...
855
00:34:25,329 --> 00:34:26,373
Wait a minute.
856
00:34:26,417 --> 00:34:27,679
[clears throat]
857
00:34:27,722 --> 00:34:30,377
Taylor, back it up
about 30 seconds.
858
00:34:34,251 --> 00:34:37,515
Okay, okay.
Stop it right there.
859
00:34:37,558 --> 00:34:40,648
Isn't this the guy who
testified against our client?
860
00:34:40,692 --> 00:34:43,564
Told our client to operate
on Ryan Watkins first?
861
00:34:43,608 --> 00:34:45,000
Her direct superior?
862
00:34:45,044 --> 00:34:47,090
Yeah, that's him.
That's Dr. Park.
863
00:34:47,133 --> 00:34:49,266
Watch what he does.
Unfreeze it, Taylor.
864
00:34:54,532 --> 00:34:56,969
BULL:
Oh, freeze that.
865
00:34:57,012 --> 00:34:58,710
Weird thing to do.
866
00:34:58,753 --> 00:35:00,146
Especially in the
middle of COVID.
867
00:35:00,190 --> 00:35:01,713
He knows her.
868
00:35:02,757 --> 00:35:03,932
CHUNK:
8:28 in the evening.
869
00:35:03,976 --> 00:35:06,631
About ten minutes
after Dr. Kinsey arrived.
870
00:35:06,674 --> 00:35:09,721
And this is the patient that
Dr. Park took to the OR
871
00:35:09,764 --> 00:35:12,767
when he told Dr. Kinsey
to take care of Ryan.
872
00:35:14,029 --> 00:35:15,683
DANNY:
Okay.
873
00:35:15,727 --> 00:35:16,684
I'm-I'm lost.
874
00:35:16,728 --> 00:35:17,685
That's two of us.
875
00:35:17,729 --> 00:35:19,600
What are you guys
getting at?
876
00:35:19,644 --> 00:35:21,907
Well, we always said this was
a case about lifeboat ethics,
877
00:35:21,950 --> 00:35:25,302
we just didn't know there was
a whole other boat involved.
878
00:35:25,345 --> 00:35:26,738
[scoffs]
879
00:35:28,218 --> 00:35:30,307
Between now
and tomorrow morning,
880
00:35:30,350 --> 00:35:31,917
I need you to find out
everything that you can
881
00:35:31,960 --> 00:35:33,266
about that woman on the gurney.
882
00:35:34,702 --> 00:35:36,791
I'll be damned if I go back
into that courtroom
883
00:35:36,835 --> 00:35:39,446
and ask a question I don't
already know the answer to.
884
00:35:41,361 --> 00:35:42,710
Your Honor,
885
00:35:42,754 --> 00:35:43,929
with your permission--
886
00:35:43,972 --> 00:35:46,061
I know that we already
rested our case--
887
00:35:46,105 --> 00:35:48,194
but before we begin
closing arguments,
888
00:35:48,238 --> 00:35:49,891
the defense would
like to call
889
00:35:49,935 --> 00:35:51,502
one last witness.
Actually,
890
00:35:51,545 --> 00:35:52,851
we would like to recall
891
00:35:52,894 --> 00:35:54,331
one last witness.
892
00:35:54,374 --> 00:35:57,812
If Dr. Park could
take the stand.
893
00:35:57,856 --> 00:35:59,336
Dr. Park, I
appreciate you
894
00:35:59,379 --> 00:36:02,469
coming in last minute
to testify in court today.
895
00:36:02,513 --> 00:36:05,342
Now, I have to
be honest with you,
896
00:36:05,385 --> 00:36:06,995
I need your help.
897
00:36:07,039 --> 00:36:11,261
I've actually never served on a
medical malpractice case before.
898
00:36:11,304 --> 00:36:12,784
And I'd be dishonest
899
00:36:12,827 --> 00:36:14,612
with you if I told you
that I had
900
00:36:14,655 --> 00:36:16,962
any understanding
whatsoever
901
00:36:17,005 --> 00:36:18,703
of medical ethics.
902
00:36:18,746 --> 00:36:20,052
How it all works.
903
00:36:20,095 --> 00:36:22,141
What it means.
Now, you,
904
00:36:22,185 --> 00:36:24,709
as the head surgeon
at Mercy Hospital,
905
00:36:24,752 --> 00:36:28,234
this is something you know
a lot about, am I right?
906
00:36:29,279 --> 00:36:31,629
Actually, I've written
a number of papers,
907
00:36:31,672 --> 00:36:35,023
presided over a number of
seminars on the topic, yes.
908
00:36:35,067 --> 00:36:36,155
CHUNK:
So...
909
00:36:36,199 --> 00:36:38,070
baseline question.
910
00:36:38,113 --> 00:36:42,292
What happens when doctors
let their personal feelings
911
00:36:42,335 --> 00:36:44,642
get in the way
of treating a patient?
912
00:36:45,947 --> 00:36:48,385
Well, all kinds of
bad things can happen.
913
00:36:48,428 --> 00:36:50,561
Physicians have been known
to freeze,
914
00:36:50,604 --> 00:36:52,606
to second-guess themselves.
915
00:36:52,650 --> 00:36:57,785
But I guess the biggest concern
you see and hear about
916
00:36:57,829 --> 00:37:00,005
is doctors making bad calls
917
00:37:00,048 --> 00:37:01,615
because they're not
thinking clearly.
918
00:37:01,659 --> 00:37:03,835
They're not thinking critically.
919
00:37:03,878 --> 00:37:05,489
Thank you.
920
00:37:05,532 --> 00:37:06,707
Thank you, Dr. Park.
921
00:37:06,751 --> 00:37:09,667
Thanks for clearing that up
for me.
922
00:37:09,710 --> 00:37:10,972
Oh.
923
00:37:13,148 --> 00:37:16,456
Actually, just one last thing.
924
00:37:17,544 --> 00:37:21,461
[sighs] When they brought
Ryan Watkins in that night,
925
00:37:21,505 --> 00:37:23,985
how many patients did they
bring in with him?
926
00:37:26,161 --> 00:37:28,076
Including Ryan, three.
927
00:37:28,120 --> 00:37:30,296
He and two others.Okay.
928
00:37:30,340 --> 00:37:32,777
So we know that you
told Dr. Kinsey
929
00:37:32,820 --> 00:37:35,867
to operate
on Ryan Watkins first.
930
00:37:35,910 --> 00:37:38,043
Now, that person she
actually chose to treat,
931
00:37:38,086 --> 00:37:39,566
did she come in with Ryan?
932
00:37:39,610 --> 00:37:40,611
Yes.
933
00:37:40,654 --> 00:37:42,047
And what about
the third?
934
00:37:42,090 --> 00:37:44,745
Did we ever hear about
what happened to the third?
935
00:37:45,877 --> 00:37:48,880
I took her up to the OR
for immediate surgery.
936
00:37:48,923 --> 00:37:50,185
I see.
937
00:37:50,229 --> 00:37:52,797
And-and what was the extent
of her injuries?
938
00:37:52,840 --> 00:37:55,016
She had been shot
in the shoulder.
939
00:37:55,060 --> 00:37:57,323
CHUNK:
And would you say that
her injuries were
940
00:37:57,367 --> 00:37:59,717
more urgent than
the abdominal gunshot wound
941
00:37:59,760 --> 00:38:01,806
suffered by Ryan Watkins?
942
00:38:01,849 --> 00:38:06,289
Or the hemopneumothorax
that Dr. Kinsey treated?
943
00:38:10,858 --> 00:38:12,120
Dr. Park?
944
00:38:12,164 --> 00:38:14,688
I need you to
answer the question.
945
00:38:15,820 --> 00:38:18,126
No. I would not say her injuries
946
00:38:18,170 --> 00:38:20,738
were more urgent
than those sustained
947
00:38:20,781 --> 00:38:22,827
by the two patients
you asked me about.
948
00:38:22,870 --> 00:38:24,394
That's odd.
949
00:38:24,437 --> 00:38:27,658
So if her injuries were
less than severe,
950
00:38:27,701 --> 00:38:30,922
why did you decide
to operate on her first?
951
00:38:35,187 --> 00:38:38,538
Dr. Park, did you know
the patient that you worked on?
952
00:38:41,062 --> 00:38:42,107
Yes.
953
00:38:43,326 --> 00:38:44,283
Personally?
954
00:38:44,327 --> 00:38:45,676
Yes.
955
00:38:49,636 --> 00:38:54,206
She's Nurse Bautista's
20-year-old daughter.
956
00:38:56,774 --> 00:38:58,341
My goddaughter.
957
00:38:59,603 --> 00:39:02,519
So is that why you
treated her first?
958
00:39:04,912 --> 00:39:06,827
If you had not
known that patient,
959
00:39:06,871 --> 00:39:09,395
if you had not let
this affect you,
960
00:39:09,439 --> 00:39:12,137
who would you have taken up
to that operating room?
961
00:39:14,922 --> 00:39:16,968
[voice breaking]:
Ryan Watkins.
962
00:39:18,230 --> 00:39:20,754
CHUNK:
So if there was
963
00:39:20,798 --> 00:39:23,061
an error in judgment that night,
964
00:39:23,104 --> 00:39:25,629
it was not Dr. Kinsey's,
965
00:39:25,672 --> 00:39:27,631
was it?
966
00:39:27,674 --> 00:39:29,807
No. It was not.
967
00:39:34,986 --> 00:39:37,728
[whispers]: I told you he was
the right man for the job.
968
00:39:43,908 --> 00:39:45,692
CHUNK:
Can you stop all that racket?
969
00:39:45,736 --> 00:39:48,216
Some of us are in the midst of
our own private euphorias
970
00:39:48,260 --> 00:39:51,872
and you're ruining it with the
sound of all this manual labor.
971
00:39:51,916 --> 00:39:53,134
Well, well, well.
972
00:39:53,178 --> 00:39:55,485
If it isn't Clarence Darrow.[Chunk chuckles]
973
00:39:55,528 --> 00:39:57,835
Hey. Congratulations again.
974
00:39:57,878 --> 00:39:59,402
You killed it today.
975
00:39:59,445 --> 00:40:00,881
[laughs]
I did.
976
00:40:00,925 --> 00:40:02,361
BENNY:
Yeah.
977
00:40:02,405 --> 00:40:05,320
What brings you out on this
cold and wintery night?
978
00:40:05,364 --> 00:40:07,845
Couldn't sleep.
979
00:40:07,888 --> 00:40:10,543
I'd close my eyes
and I'd keep seeing
980
00:40:10,587 --> 00:40:12,806
the jury handing down
that verdict.
981
00:40:12,850 --> 00:40:14,329
That look of satisfaction
982
00:40:14,373 --> 00:40:16,854
and pride on Bull's face.
[chuckles]
983
00:40:16,897 --> 00:40:19,378
The gratitude
on Dr. Kinsey's.
984
00:40:19,422 --> 00:40:22,903
I'm a grown man and it is
embarrassing to be this much
985
00:40:22,947 --> 00:40:25,558
in love with what you do
for a living, you know?
986
00:40:25,602 --> 00:40:30,345
Anyway, I, uh, I got out,
took a walk.
987
00:40:30,389 --> 00:40:31,869
Tried to clear my head.
988
00:40:31,912 --> 00:40:33,827
Walked across the bridge
when suddenly I realized,
989
00:40:33,871 --> 00:40:35,350
I might die of frostbite
990
00:40:35,394 --> 00:40:38,223
and I'm in desperate need
of a clean bathroom.
991
00:40:38,266 --> 00:40:40,138
Mention my name,
you get a good seat.
992
00:40:40,181 --> 00:40:41,487
I already did.
993
00:40:41,531 --> 00:40:43,010
[laughs]
994
00:40:44,490 --> 00:40:49,190
You know, the other night
in Bull's SUV?
995
00:40:49,234 --> 00:40:51,454
I was ready to quit.
996
00:40:51,497 --> 00:40:54,457
Mm. I figured.
997
00:40:54,500 --> 00:40:56,850
I've been ready to quit
about a half a dozen times
998
00:40:56,894 --> 00:40:57,982
over the years.
999
00:40:58,025 --> 00:40:59,113
Really?
1000
00:40:59,157 --> 00:41:01,072
What stopped you?
1001
00:41:02,116 --> 00:41:03,901
I don't know.
1002
00:41:03,944 --> 00:41:06,860
I get one foot out the door,
1003
00:41:06,904 --> 00:41:09,950
and then I realize
he was mostly right
1004
00:41:09,994 --> 00:41:13,954
about whatever it was he was
saying or talking about.
1005
00:41:13,998 --> 00:41:17,610
Plus, I think we make
each other smarter.
1006
00:41:17,654 --> 00:41:18,959
Better.
1007
00:41:21,135 --> 00:41:25,009
He's a really, really
smart dude, Chunk.
1008
00:41:25,052 --> 00:41:27,315
And I don't think he would
want you around
1009
00:41:27,359 --> 00:41:30,101
if he didn't think
you were a smart dude, too.
1010
00:41:32,973 --> 00:41:35,889
Congratulations again, Chunk.
1011
00:41:35,933 --> 00:41:37,456
Now, if you'll excuse me,
1012
00:41:37,500 --> 00:41:39,458
I got to finish
my interior decorating
1013
00:41:39,502 --> 00:41:41,982
so I can go home
and get some sleep.
1014
00:41:50,469 --> 00:41:51,949
[exhales]
1015
00:41:54,604 --> 00:41:57,563
Captioning sponsored by
CBS
1016
00:41:57,607 --> 00:41:59,565
Captioned by
Media Access Group at WGBH
access.wgbh.org
76177
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