Original subtitles

Dr. Princefield to emergency.

Dr. Princefield to emergency.

Dr. Forrest, please dial 11.

This is a delaying tactic, Your Honor. It's...

She was just contacted this morning.

- That's not a delaying tacti, that's a simple procedural... - Sit down.

Okay, let's begin.

Judge Robert Parks, emergency on-call justice,

presiding over plaintiff request for declaratory judgment

on medical procedure...

R-H-L-H-S.

An emergency injunction

preventing nonpayment by insurance company Life State.

Mr. Harper.

Uh, Your Honor, we're asking for a delay of eight hours.

Our lead attorney was caught unaware by this emergency motion.

Your Honor, this surgery needs to happen now.

Life State's strategy is to run down the clock. They have no defense,

so they want to make your ruling irrelevant. In three days time,

my client's baby could be dead.

Objection.

Your client's fetus.

Well, thank you, Mr. Harper.

I'm sure we'll all feel much better with that distinction.

This is an emergency court. You get your attorney

in here, or you start arguing for yourself.

Do you understand?

I do.

Mrs. Florrick.

Ms. Nyholm.

Do you mind giving me a hand here, please?

- Oh, boy or girl? - Girl.

Unlucky you caught Judge Parks, huh?

That's not going to turn out too well, is it?

Why do you say that?

Well, he's a pro-business constructionist

who never met an insurance company he didn't like.

Isn't that right?

Yes, it is, little baby.

- It is right. - Eh, pro-business and pro-life.

Ah, that's what you're hanging your hat on, huh?

I know a lot of pro-business pro-lifers,

and somehow business always seems to win the upper hand.

Do you mind?

Here we go!

This is an ultrasound

of the fetus' heart taken six weeks ago,

during the 18th week of pregnancy.

You're referring to my client, Mrs. Willoughby's baby?

Yes.

As you can see here,

the right ventricle is enlarged,

the left side severely underdeveloped.

It's hypoplastic left heart syndrome...

a uniformly fatal condition

without in utero surgical intervention.

And this is surgery performed on the baby's heart...

excuse me, the fetus' heart... while still in the womb?

Yes. It needs to happen by the 24th week, two days from now.

And the surgery is scheduled for...?

Well, 20 minutes ago.

I had specialists flying in from Los Angeles,

- Miami and Boston. - Until yesterday,

when the insurance company pulled the plug?

Objection, Your Honor. Life State did not "pull the plug."

Ms. Nyholm, you're late.

Yes, your Honor.

Mrs. Florrick buttonholed me in the parking lot.

Fetal surgery is simply

not a covered procedure

per the terms of the Willoughbys' policy.

This is an experimental treatment.

And we are not in the business, of...

My apologies, your Honor.

I found myself without child care.

And with a handy prop.

Excuse me?

That is cynicism of the ugliest order, counselor.

Your Honor, I know Mr. Gardner

hasn't enjoyed the special bond a mother has

- with her child... - Oh, come on.

Life State just wanted to put a pretty face

- on an ugly stratagem, and... - Mr. Gardner, do you have any further questions?

Not at this time, your Honor.

Ms. Nyholm?

Yes, Your Honor,

but she really needs to be fed.

This is a stall tactic, Your Honor.

Yes, it's a stall tactic for me to give my child sustenance.

Your Honor, we don't have time

to delay this for even five minutes, let alone...

She really is very hungry.

If we could just reconvene in an hour?

Ten minutes.

There, that's when Mr. Daley stopped me.

He said, "no, reverend, not that one.

"Danny boy."

So, your new boy's in trouble?

Why do you say that?

You phoned me.

My guess is, Florrick is polling well

everywhere except African-Americans.

African-American women.

He's polling ten points behind last election.

We think it's about crime.

Well, it's about cheating.

And you want me to help kick off some kind of

forgiveness tour, right?

Prayer breakfast.

A few gracious words about God's forgiveness,

Peter's true repentance.

Hey, it worked for Clinton.

No, no, Bill had Hillary out there doing press.

Uh, it's not an option.

Um, Mrs. Florrick is a very private person.

Look, I like Peter.

He's been good for us.

But the lord in Christ church belongs to my son now.

You get his blessing and I'll happily pray with Peter.

It's just, it's so bizarre.

We have insurance for exactly this type of thing, and now

we could sell off everything and still not cover this.

We're staying calm, keeping positive.

Right.

It was a good day today.

He started kicking again today.

Any closer to a name?

Not yet, we...

We wanna make sure we're all fine first.

How did you get a judge in here on Saturday?

You didn't count on that, did you?

So, this isn't really your baby, is it?

What's her name?

Bite me.

Is that Dutch?

Excuse me, we're back in session.

How many times have you performed

this fetal heart surgery procedure, Dr. Hall?

I'm not a pediatric cardiologist.

Yes, I understand that but that would mean none, right?

No criticism implied, ma'am,

I just want to be clear on all the facts.

- Yes, that's correct. - In fact,

how many times has fetal surgery for hypoplastic

left heart syndrome been attempted

in Illinois, do you know?

I must confess I don't.

Four times.

Now, Dr. Hall, how is that not an experimental procedure?

Objection. It's not within her expertise.

Sustained.

I can see why Mr. Gardner wouldn't

want you to answer that. No further questions.

Ms. Nyholm, how long will you need to prepare your defense?

Well, Your Honor,

I'm tempted to ask for one week, except...

24 hours.

Except 24 hours is what I mean.

Thank you, pastor. Um...

We feel Peter needs spiritual guidance.

He's paid his debt to society,

but we know that there's a greater debt.

So, you want to use me.

Yes.

Why?

It looks good if I'm embraced by you.

Our polling numbers are below par with African-American women.

So, is that the latest scheme, Mr. Florrick?

Brutal honesty?

Son...

No, wait, it's okay.

Look, reverend, I know that you think I'm just a...

Shallow, narcissistic politician, and you know what?

I agree with you.

But I have been in prison for the last eight months.

I've been away from my family,

from my life.

I've seen everything I've built turn to dust.

Until one day you found the glorious words of the gospels.

Can we have a minute alone?

- I'm not a photo op. - I know you're not.

I won't be charmed, finessed, yupped.

You've done wrong.

I know I have.

Your marriage is in trouble.

I know you think it isn't, but it is.

Because you don't acknowledge true repentance.

Tell me what I have to do.

You love your wife?

- Yes. - Does she love you?

I don't know.

You are sleeping in separate rooms?

Yeah.

Do you believe Jesus died for your sins?

I don't know what that means.

Do you want to know what it means?

No.

"Please, God,

make me good, but just not yet."

You're afraid of change.

But your wife won't love you,

she won't return to your bed till you change.

So...

Do you want to change?

Nyholm's not budging.

Life State's worried about setting a precedent

that could cost them millions in the class action.

Where are you and Cary?

We're still working up a list of experimental procedures

Life State's covered in the past.

Good. You okay?

Yeah, I'm fine.

I just don't like investing myself emotionally.

I know.

We have a fighting chance here.

Get some sleep.

Okay, thanks. Bye.

Jesus, we pray you to embrace your lost sheep.

Guide him back to your flock.

Show him your mercy.

Let him know that his sins will be forgiven.

Merciful Jesus, restore to him the joy of your salvation,

and uphold him by your generous spirit.

Even if you don't sympathize with my clients,

this won't play well in the press.

Oh, come on, Will. How bad do you think

you can make an insurance company look these days?

Hey. But we can pay

for the operation.

High six figures, right?

Mr. Harper can cover that with the stroke of a pen.

If? You drop the class action suit.

That's right, Will, let's talk like adults here.

You're not in this to help some sweet couple

have their first baby.

Where's the paycheck in that?

You know, there were 68 other sweet couples

who were denied coverage by Life State.

Trial lawyers, defenders of the just and the innocent.

Just think about it.

Drop your class action nuisance suit,

and we'll find the money to save that baby.

Can you grab my bags, please?

How's the Life State?

Patti Nyholm offered to pay,

if we drop our class action.

Ouch, might as well close up shop.

Yep, starting to make sense

why she's fighting it tooth and nail, though.

You might think about going the political route.

Get the state insurance commissioner

to apply some pressure.

He won't get involved. There's no political upside.

He might for a friend.

Are you...

No, not me. Mr. Florrick.

It's a side benefit of having her on staff, right?

Use her connections.

His connections.

Her connection to his connections?

Is that a problem?

No.

I just think there are better ways to go.

So, good, the reverend's on board.

Yes, he's seeing Peter twice a week,

and I'll petition the court for monitored trips

back and forth to the lord in Christ church.

And I'll slip an item to Avedon and Palish,

and we'll get a couple of photographers there.

Yeah, you might want to hold off on that.

- Why? - Peter doesn't want it.

He... why?

Pastor Isaiah.

What's going on?

Exactly what we wanted.

Spiritual guidance.

What we wanted was a photo op.

Yeah, and we'll get that, eventually.

And in the meantime?

Peter's listening.

I'm not liking the sound of this.

Religion's like a drug. In small doses, it's curative.

In large, it's addictive. Talk to him.

He won't listen to me.

Not Peter, the reverend Isaiah.

Pastor Isaiah, and I'll tell you what,

why don't you talk to him?

You'd be better.

Eli, aren't we living in a post-racial world these days?

Okay, I'll do it.

Won't this be entertaining.

I am incredibly sympathetic.

I can't even imagine the stress Kate must be under.

But a risky, medically-unnecessary surgery

is not the answer.

To be fair, you are a claims manager,

- not a medical professional. - Yes, uh...

but that's why we hire independent medical consultants,

uh, retired doctors who are contracted to

evaluate medical records and make a determination.

And what was the consultant's determination here?

A fetal surgery is not considered medically necessary

when there is a tried and tested alternative,

as is waiting until the baby's born.

No further questions, Ms. Pomeroy.

I know this was hard for you, and your sympathy

really goes out to this couple.

So...

As soon as Kate has the baby...

if she has the baby... you'll pay for the surgery, correct?

Yes, that's correct.

It's covered for a baby that's born?

Right.

In utero surgery for spina bifida, 23 weeks.

So as far as Life State's concerned,

this isn't a baby. This isn't someone who qualifies for surgery.

This, according to your denial letter,

is a pregnancy complication not covered.

- Is that correct? - Objection, relevance.

Overruled... policy language is relevant here.

Unfortunately, that's right.

No further questions.

I'm a new mother myself,

so I know how exciting and overwhelming it is

and how important it is to guard your health.

Ms. Nyholm, I get it. You're a mom. We're all impressed.

- Can we move this along now? - Yes, Your Honor.

Mrs. Willoughby, do you understand the risks of a surgery

that would involve cutting you open to reach your uterus?

Cutting open your baby to insert a balloon catheter

- into its heart? - To save his life.

You forgot that part.

His life, that's right.

Because this is a life we're talking about.

Isn't it?

Mrs. Willoughby, what do you do for a living?

Uh, I'm... I'm a community organizer.

Which involves?

Uh, grass roots efforts towards

social change protecting civil rights.

In fact, you spent the last five years

advocating for abortion rights, didn't you?

I lobbied for women's

- reproductive rights, in general. - You spent years

fighting to ensure that a fetus at this stage could be aborted legally.

Fighting to ensure that there was a choice.

And now that you're the one with a fetus at 23 weeks,

you argue that it should be considered a baby...

In fact, it is a life worth saving... in fact,

your baby deserves the most cutting-edge,

- extreme life-saving measures possible. - Yes.

This is my child.

Of course, he deserves anything.

And you can live with that hypocrisy?

Objection!

Badgering the witness.

Sustained.

How you doing?

I don't know.

I guess I've been better.

You did well.

They're worried Patti pushed it too far.

It's hard to read this judge,

but I think we have a fighting chance.

And if we lose?

- Then what? - What do you mean?

What are our options?

Let's not worry about that now.

Dr. Forrest, dial 113, please.

Dr. Forrest, please dial 113.

We can't drop our class action.

I know.

There are 68 other couples just like them.

Yes, it's about the firm, too.

But we can't drop the class action.

I understand.

Don't you like this?

Being a lawyer.

Isn't it fun?

It has its moments.

I can't tell

which way he'll rule.

Hold on, hold on.

We're good.

Sorry about that.

Damn it.

Your Honor, I'm sorry.

I need to raise a quick issue, if you don't mind.

- I'm ready to rule, Ms. Nyholm. - Yes, Your Honor, but everything about this

emergency court has been rushed and unorthodox, and something has

been brought to our attention within the last ten minutes.

What's she doing?

Quickly, Ms. Nyholm.

All this litigation has led to a higher level of scrutiny

of the Willoughbys' policy application, and I'm afraid

we've uncovered some deal-changing issues.

Oh, come on.

Yes, Mr. Gardner.

When we began these proceedings,

I didn't expect Mr. Willoughby

to misrepresent his medical history.

- What? - Sit down, sir.

- Sit down. - This misrepresentation

gives Life State the right

to rescind his policy entirely.

Your Honor, this is not a buffet.

Ms. Nyholm can't

pick one attack and then failing that, try another.

Your Honor, I would argue that this goes

to the heart of contract law.

Even if you are prone to rule in the plaintiffs' favor,

at the very minimum, you should hear whether there was

- a legal contract to begin with. - Your Honor, I want to remind you

that we are racing against a ticking clock. Ms. Nyholm

is counting on this surgery being irrelevant

by the time you decide.

Mr. Gardner, urgency is not its own rationale.

A just decision cannot, will not be rushed.

You still have two days for the surgery.

Ms. Nyholm, prepare your witnesses

and your exhibits, and I will hear on this matter tomorrow.

You understand what you're doing here, Patti?

You take away their coverage altogether,

that baby gets no surgery at all.

That's on you, Will.

You have another option.

Drop the class action.

I wanna speak to you today about the path, God's path.

Jesus said, "I am the way, the truth and the life""

when we walk with him, our souls are right with him.

I never realized you rehearsed these sermons.

Thought they just came down from the holy spirit, like a dove.

Hello, Mr. Gold.

Reverend Isaiah.

So, I believe I've been crimping your style.

Peter did wrong.

He's sorry.

He apologized to his wife.

He apologized to his constituents.

He would now like to apologize to his God.

And I approve.

No, sir.

Reverend, you're doing more than approving.

You're trying to take advantage of a man who's feeling raw

about his mistakes.

I love that word, "mistakes."

Sleeping with a prostitute is just like a dropped zero

on a tax form.

You're young, sir.

Youth tends to see things in black and white.

Things are black and white.

So, let's put things into black and white for you, then.

Four point two grams of crack cocaine...

you were just short of intent to distribute.

And you want to what?

Tell my congregation? Shock them?

You're gonna have to look for something new.

I could give you my license plate number.

Reverend, Peter could make a difference...

In people's lives.

He needs to make a difference in his life first.

He has.

No.

I have to go.

I've enjoyed this.

Let's stay in touch.

Mr. Willoughby,

Life State is saying that this question

wasn't answered accurately.

- Can you see that? - Yes.

You were to check the box if you had circulatory problems,

including but not limited to chest pain, heart murmur,

palpitations, phlebitis.

Do you know what that is?

I don't.

Funny, I don't either. Do you?

Objection.

Mrs. Florrick.

Sustained.

Mr. Willoughby,

why didn't you check box number two?

Well, because it says

"circulatory disorders/problems."

The doctor said the heart palpitations

were nothing to worry about.

They weren't a problem.

So, I just thought I was being accurate.

Thank you.

Let's chalk question two

up to a misunderstanding.

But if someone outright

lied on an application regarding a relevant

health issue, that would be grounds

for voiding their policy, correct?

Yes.

But I didn't.

Question 10.

During the past 12 months,

has any applicant smoked cigarettes,

pipes, cigars, or used chewing tobacco?

You answered no, correct?

Correct.

Yes, good.

Now, last fall, did you go on a fishing trip

with a friend, with the lovely name of Brent Boyle?

Objection.

- Relevance. - I'm getting there.

Overruled.

The witness may answer the question.

Yes.

Yes, you did go on such a fishing trip?

Good.

Here.

Here's you.

And...

Here.

Hmm.

Looks like you're smoking a cigarette there.

That was... it was only one.

I've never been a regular smoker.

The question wasn't whether you were a regular smoker.

- Yes, but I didn't think... - Your Honor,

the question was simple.

Mr. Willoughby's answer was a lie.

Laying aside my sympathy for the plaintiff,

what this boils down to is a simple matter of contract law.

Mr. Willoughby's material omission gives Life State

the right to render this contract null and void.

Plaintiff's motion is denied. Policy irrecision stands.

Your Honor, I would ask for an emergency motion

to reconsider.

Sending Kate Willoughby home without this surgery

is a death sentence for her child.

I'm following the law, Mr. Gardner.

Not agreeing with it.

Motion to reconsider denied.

Okay, let's make a deal.

You just lost at craps, Will.

You don't make a deal with the croupier. You just go home.

Well, if I were you, Patti, I'd still want to be certain.

Oh, come on.

Right.

Good-bye.

I blew it.

No, Jesse blew it, and he knows it.

No, Nyholm's right.

I...

I played craps with that kid's life.

Will, you did everything.

Will, you listen.

I know you did everything.

Are we...?

Damn it.

- Alicia... - No, no, no.

Damn it.

God.

This is not a good idea.

Oh, hi. Just, uh, forgot my laptop.

Good night.

Night.

Alicia.

You just missed her.

Oh, thanks.

Hello?

Mr. Gardner?

Please, we need your help.

Hey.

You all right?

Let's go to the bedroom.

No, here.

We're hoping it's Braxton Hicks, but they still won't...

Excuse me... Amanda.

This hospital is required by law to treat patients

in an emergency, regardless of insurance coverage.

We are just sorting out the paperwork, sir.

For an hour?!

If a doctor is not examining her

within three minutes, I will personally call the police

and file a malpractice suit against you.

Personally.

Don't make an enemy out of a lawyer, lady.

Hi.

Hi.

That was... great last night.

Are you becoming religious?

I don't know.

I don't know what I'm becoming.

But I want to change.

No.

No, really... change.

Must be Eli...

So I better change.

Hi.

Um... Will, you, you can't...

It's not about... it's about work.

For wor... what?

Your cell phone's off. I just spent

all night at the hospital with the Willoughbys.

I need to talk to Peter.

No.

Will?

Hey, Peter.

Been a long time.

A very long time.

Come on in.

Good to see you.

- You, too, man. - Yeah.

The surgery's tomorrow.

We've exhausted all legal channels and...

You didn't have to do that.

How can I help?

A company like Life State

is motivated by two things... money

and the fear of a revoked license.

And I know you and the commissioner go back a long way.

Give me something concrete,

and I'll make sure he gets his eyes on it right away.

Thank you.

So, um...

How's Alicia doing at work?

Alicia?

Good.

Great, really.

I'm sorry about all the late hours.

Oh, hey, a lawyer's life?

I get it.

Anyway...

I hear the retrial's going well.

Yeah, well, I don't know.

Our state's attorney seems intent on retrying me,

no matter how thin the evidence.

Well, at least you're home.

At least I'm home.

So, Alicia,

we need to reconvene this morning with Kalinda.

Supposedly, she's got something on Life State.

Oh, what do you know.

Kalinda works at Stern Lockhart.

Small world.

That's right.

She used to work for you.

So, I'll see you later.

Yup.

Don't be late.

He's great.

I don't remember him being so nice.

Yeah.

Please tell me you have something good.

Well, I'm not sure what it is.

And my method for obtaining it is not exactly legitimate.

Illegitimate as in "I can't use it in court,"

or... we can go to jail?

I downloaded firmware

and cloned Patti Nyholm's phone,

in order to intercept her text messages.

What?

You wanted something. I got you something.

Okay, let's hear it.

Well, apart from an alarming flirtation with a guy that mows

the lawn, she's hiding Pamela.

Pamela. Pamela who?

My guess is Pamela Pomeroy, that claims manager.

I think she's ready to flip.

She was on the stand. She didn't say a thing.

Yeah.

"They're on to Pam. They turn Pam,

we lose everything". My guess is, Pomeroy

went one too many times to bat for Life State.

She's ready to spill.

You really cloned Nyholm's cell?

Yeah.

You do that again, don't tell me.

No problem.

I should talk to her.

- Mr. Gardner? - Yeah?

Did Alicia get her laptop last night?

Alicia?

After you left, she came back looking

for her laptop in your office.

Just making sure she got it.

Yeah, yeah, she got it.

Okay, let's go see Pamela.

Yeah.

Hi.

I'm sorry about this morning.

You don't have to be sorry.

Can I come in?

Yeah.

So, you're my boss.

I know.

I'm a junior associate.

I know.

You came into my office.

Last night after you left, you came back to my office... why?

Will... help me out, please?

I mean, we had...

we had...

whatever we had at Georgetown, and I just...

But you came back.

I know.

It was wrong.

Because you're married?

Okay, I have a suggestion.

I like work.

I like working here.

I don't want everywhere I go to be a mess.

We're not going to talk about this.

We're not going to say any more, okay?

Good.

We're going to go to dinner

in one week's time, and we'll talk then.

Please don't end up hating me.

I need this job. I mean, I'm...

I... I, I mean that...

- I'm sorry... - Alicia.

It's fine.

We have bad timing.

We've always had bad timing.

Excuse me, Ms. Pomeroy?

- Oh, you're, uh... - Yes.

Do you have a moment, Ms. Pomeroy?

I... I don't think we should be talking.

We just need a minute.

Why are they trying to hide you?

I... I have no idea what you're talking about.

Uh, I have to go. Please!

The Willoughbys...

Their child is dying.

I saw it in your eyes. You want to help.

Please help.

You saw it in my eyes?

Really?

What powers of perception.

What do you see in my eyes now?

I'm going home now.

But... Nyholm said she was trying to hide Pam.

You guys are really clueless.

She's not trying to hide it.

It's closed already.

"It"?

It's an acronym.

PAM... Policy Application Management.

It's an off-site group of Life State employees who look for application mistakes,

but only after expensive claims were filed.

It's organized post-claims underwriting.

Yup. It's illegal in some states,

and legislation in Illinois

- is on the horizon. - Which explains why

they shut it and tried to bury it.

Yeah, but we got it with an illegally-obtained text.

It's fruit of the poisonous tree. We can't use it.

We can use it.

We just can't use it in court.

Not a good time.

Sure, it is.

Suit yourself.

- Is that...? - Yeah.

This case is over, Will.

No.

Life State is going to quietly reinstate Kate's coverage

in time for the surgery this afternoon...

Or your client's going to be dealing

with a hell of a lot more than one upset family.

Here I go trembling again.

We know about PAM.

And do you know who's sitting outside your office right now?

Jonathan Dobbs, the insurance commissioner.

Tammy?

Is there a man in the waiting room?

Describe him.

How'd you do that?

He's waiting to hear about PAM.

An entire department dedicated to finding specious ways

to rescind policies when patients need them most.

Do you remember when you asked me

how bad I can make an insurance company look?

Really bad, Patti.

Drop your license bad.

You got this illegally.

You must have, or we'd be in court.

You want to take it to a judge and sort it out there,

or just cover Kate?

Thank you.

I, um... I failed her.

Just one puff of a cigarette,

and I saw it all going wrong.

You have kids?

No.

I think it changes everything.

Doesn't it?

It does.

Is he...? I can't tell if he's smiling. Is he smiling?

I don't know.

Take off your mask.

You realize if one whiff of PAM surfaces,

we can trace back to your firm?

I know what a confidentiality agreement is, Patti.

And you can't use it in the class action suit.

We'll find another way.

I doubt that.

- How'd you find it? - Find what?

PAM.

Who's PAM?

You two make a cute couple.

Hey.

How'd it go?

The insurance guys? Jonathan showed up, right?

Oh, right. Yeah, he did.

It worked.

Our client got the surgery, and it went well.

All right...

- How was your day? - Good.

I spent more time with pastor Isaiah.

He wants us to go to church.

Well, that would be interesting.

It's getting late.

Good night, Peter.

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