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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:02:07,175 --> 00:02:09,720 Mrs Dee, this is Frank Galvin. 2 00:02:09,803 --> 00:02:13,557 He's a good friend of ours, and a very fine attorney. 3 00:02:15,434 --> 00:02:17,874 Well, it's just a shame what happened 4 00:02:17,875 --> 00:02:20,314 to your husband, Mrs Dee. He was a... 5 00:02:20,397 --> 00:02:24,943 I knew him vaguely at the Lodge. He was a wonderful man. 6 00:02:25,027 --> 00:02:28,572 It was a crime what happened to him. It was just a crime. 7 00:02:28,655 --> 00:02:32,200 If I can help... in any way... 8 00:02:35,245 --> 00:02:37,831 don't hesitate to call. 9 00:02:38,874 --> 00:02:41,168 Well... 10 00:03:42,729 --> 00:03:45,065 If this can help in any way... 11 00:03:46,108 --> 00:03:47,442 What is that? 12 00:03:47,859 --> 00:03:50,362 Oh. It's my card. 13 00:03:54,783 --> 00:03:57,285 What the hell is that? 14 00:03:57,369 --> 00:03:59,871 I was a friend of your father's. 15 00:04:01,999 --> 00:04:04,668 You never knew my father. 16 00:04:10,090 --> 00:04:12,634 Get out of here. 17 00:04:12,718 --> 00:04:14,783 Who the hell do you think you are? 18 00:04:14,784 --> 00:04:16,179 Excuse me, Mrs Cleary. 19 00:04:17,180 --> 00:04:19,766 Who the hell do you think you are? 20 00:04:25,230 --> 00:04:26,355 Hey, you know me. 21 00:04:26,356 --> 00:04:28,900 I don't want you coming back here ever. 22 00:04:28,984 --> 00:04:31,611 - You understand? - I was just talking to the guy. 23 00:04:31,695 --> 00:04:34,406 Those are bereaved people in there. 24 00:05:08,440 --> 00:05:12,194 So Pat says... He says "They got this new bar... 25 00:05:12,277 --> 00:05:14,118 and you go inside, and for half a 26 00:05:14,119 --> 00:05:16,239 buck you get a beer, a free lunch... 27 00:05:16,323 --> 00:05:18,867 they take you in the back room and get you laid." 28 00:05:18,950 --> 00:05:21,787 - Another one, Frankie? - Yeah. Everyone. 29 00:05:21,870 --> 00:05:25,165 Mike says "Now wait a minute, wait a minute, wait a minute." 30 00:05:25,248 --> 00:05:28,293 "There's a new bar, and you go inside, and for half a buck... 31 00:05:28,377 --> 00:05:31,963 they give you a beer, a free lunch and they get you laid?" 32 00:05:32,047 --> 00:05:35,467 Pat says "That's right." "Have you ever been in the bar?" 33 00:05:35,550 --> 00:05:38,053 He said "No, but me sister has." 34 00:05:40,222 --> 00:05:42,557 Hey. 35 00:05:43,183 --> 00:05:44,810 Oh, yeah. Everyone. 36 00:06:37,237 --> 00:06:39,531 Frankie? 37 00:06:39,948 --> 00:06:42,576 Frankie. Frankie, you all right? 38 00:06:47,581 --> 00:06:49,916 Oh, Frankie. 39 00:06:50,959 --> 00:06:53,545 Come on, get up. 40 00:06:53,628 --> 00:06:56,548 Get up, Frank. Oh, Christ. 41 00:07:18,737 --> 00:07:21,239 What the hell's going on here? 42 00:07:22,824 --> 00:07:25,327 What have you been doing? 43 00:07:43,011 --> 00:07:45,180 I got a call from Sally Doneghy. 44 00:07:45,263 --> 00:07:48,100 Who's that? 45 00:07:48,183 --> 00:07:50,084 You're in court in ten days, and you 46 00:07:50,085 --> 00:07:51,728 haven't even met with them yet. 47 00:07:51,812 --> 00:07:54,231 Sally Doneghy? Who is that? 48 00:07:54,314 --> 00:07:56,817 One lousy letter in 18 months. 49 00:07:58,276 --> 00:08:01,446 I try to throw a case your way, and look at ya. 50 00:08:03,532 --> 00:08:05,617 Frankie... 51 00:08:05,701 --> 00:08:08,203 I got these people to trust you. 52 00:08:08,996 --> 00:08:12,582 They're gonna be here at noon, by the way, and look at this shit. 53 00:08:14,459 --> 00:08:16,878 I got this expert doctor to talk to ya. 54 00:08:17,462 --> 00:08:20,048 Remember his name? Dr Gruber? 55 00:08:20,424 --> 00:08:25,053 It's been 18 months, and I've been doing all the fucking legwork. 56 00:08:25,137 --> 00:08:27,681 You're due in court in less than two weeks... 57 00:08:27,764 --> 00:08:30,809 and I bet you haven't even looked at the goddamn file. 58 00:08:30,892 --> 00:08:33,687 What are you, my nanny? 59 00:08:33,770 --> 00:08:36,231 Now listen to me, Frankie. 60 00:08:37,441 --> 00:08:41,194 Frankie, listen to me, cos I'm done fucking with ya. 61 00:08:41,278 --> 00:08:44,156 I can't take this any more. 62 00:08:44,239 --> 00:08:47,200 I mean, you're not gonna change. 63 00:08:47,284 --> 00:08:50,162 Look around ya. I mean, what's gonna change? 64 00:08:50,245 --> 00:08:53,790 You think it's gonna be any different next week, next month? 65 00:08:53,874 --> 00:08:56,626 It's gonna be the same goddamn thing. 66 00:08:58,712 --> 00:09:01,298 Now I got you a good case. 67 00:09:01,381 --> 00:09:03,967 It's a moneymaker. 68 00:09:04,051 --> 00:09:07,012 You do it right, it'll take care of ya. 69 00:09:07,846 --> 00:09:10,599 But I'm through, you understand? 70 00:09:11,224 --> 00:09:14,269 I mean, I can't take this shit any more. 71 00:09:16,063 --> 00:09:18,607 Life's too fucking short, Frankie. 72 00:09:20,275 --> 00:09:22,778 I'm getting too fucking old. 73 00:10:10,534 --> 00:10:11,576 Fuck. 74 00:11:43,669 --> 00:11:46,171 Excuse me, sir. 75 00:12:27,337 --> 00:12:29,840 Mrs Doneghy. Hi. Frank Galvin. 76 00:12:30,716 --> 00:12:32,801 - Why didn't you go in? - It's locked. 77 00:12:32,884 --> 00:12:35,178 Locked? 78 00:12:36,346 --> 00:12:38,432 I'm sorry. 79 00:12:38,515 --> 00:12:41,643 God, I hope... I hope this didn't put you out. 80 00:12:42,936 --> 00:12:45,355 Let me see here... 81 00:12:47,316 --> 00:12:50,902 Come on in. I'd get you a cup of coffee, but... 82 00:12:51,737 --> 00:12:54,406 looks as though my girl went out. 83 00:12:55,949 --> 00:12:59,161 It's not a good case, it's a very good case. 84 00:12:59,745 --> 00:13:02,533 A young, healthy woman goes into a hospital 85 00:13:02,534 --> 00:13:04,750 to deliver her third child, and... 86 00:13:04,833 --> 00:13:07,091 Well, it's just beyond comprehension. 87 00:13:07,092 --> 00:13:09,171 She's given the wrong anaesthetic. 88 00:13:09,254 --> 00:13:12,591 - We love her, Kevin and me. - I'm sure you do. 89 00:13:12,674 --> 00:13:15,802 But what can we do? She don't know who's visiting her. 90 00:13:16,178 --> 00:13:18,513 I know. I went. 91 00:13:20,098 --> 00:13:21,892 - You saw her? - Oh, yes. 92 00:13:21,975 --> 00:13:25,479 My sister? You know how beautiful she was? 93 00:13:26,521 --> 00:13:30,901 Her, husband left her, and he took her kids. 94 00:13:32,152 --> 00:13:34,529 They... 95 00:13:35,155 --> 00:13:37,866 they let you die in there. 96 00:13:37,949 --> 00:13:40,952 They don't care. Nobody cares. 97 00:13:42,037 --> 00:13:45,832 The Patriot Home, the Chronic Care in Arlington? They'd take her in. 98 00:13:46,124 --> 00:13:49,878 Perpetual care. $50,000 they want in endowment. 99 00:13:51,755 --> 00:13:54,091 50,000? 100 00:13:54,716 --> 00:13:57,427 I don't wanna leave her. Kevin, he... 101 00:13:58,720 --> 00:14:02,224 And Father Laughlin, he said it was God's will. 102 00:14:02,307 --> 00:14:04,393 Well, I understand. 103 00:14:04,476 --> 00:14:06,229 My doctor told me I gotta move out 104 00:14:06,230 --> 00:14:08,188 West. That's when we filed in court. 105 00:14:08,271 --> 00:14:10,983 - We didn't wanna sue. - Oh, I understand that too. 106 00:14:11,066 --> 00:14:13,485 But Kevin's looking for two years in Tucson. 107 00:14:13,568 --> 00:14:17,155 They called him up and they said to come out. 108 00:14:17,239 --> 00:14:20,200 He's a good man. He's only trying to do what's right. 109 00:14:23,245 --> 00:14:25,789 Come on in. 110 00:14:25,872 --> 00:14:28,375 This is my husband. 111 00:14:29,584 --> 00:14:32,212 Come on in. Sit down. 112 00:14:32,296 --> 00:14:35,191 I told your wife, I'm sorry we have to meet 113 00:14:35,192 --> 00:14:38,218 out here, but I got a case in superior court. 114 00:14:38,302 --> 00:14:41,513 - The place is full of papers. - That's all right. 115 00:14:41,596 --> 00:14:44,063 I was also telling her you got a good case. 116 00:14:44,064 --> 00:14:45,726 He saw her at Northern Care. 117 00:14:45,809 --> 00:14:47,422 I may get some very important 118 00:14:47,423 --> 00:14:49,813 corroborating testimony from a Dr Gruber. 119 00:14:49,896 --> 00:14:52,721 It'll be a problem getting one doctor to testify 120 00:14:52,722 --> 00:14:55,027 that another doctor's negligent, but... 121 00:14:55,110 --> 00:14:57,852 The archdiocese called and said who was our 122 00:14:57,853 --> 00:15:00,532 attorney, cos the case is coming to trial. 123 00:15:00,615 --> 00:15:04,703 Well... I doubt very much that the case will ever come to trial. 124 00:15:07,414 --> 00:15:10,876 We told them we didn't want it to come out this way. 125 00:15:10,959 --> 00:15:13,795 I completely understand. 126 00:15:13,879 --> 00:15:16,840 - See, we just... - We just can't do it any more. 127 00:15:16,923 --> 00:15:19,009 This is our chance to get away. 128 00:15:19,509 --> 00:15:22,471 I'm gonna see that you get that chance. 129 00:15:22,554 --> 00:15:24,681 How much is this gonna cost? 130 00:15:24,765 --> 00:15:28,435 It's not gonna cost you anything. It's done on a contingency basis. 131 00:15:28,518 --> 00:15:31,021 Whatever the settlement is, I retain a third. 132 00:15:31,104 --> 00:15:34,775 But that's normal procedure. You can check around. 133 00:15:35,776 --> 00:15:37,069 Ok? 134 00:15:37,277 --> 00:15:38,528 Ok. 135 00:15:40,822 --> 00:15:43,439 His name is Frank Galvin. Boston College, 136 00:15:43,440 --> 00:15:45,869 class of '52, was second in his class. 137 00:15:46,536 --> 00:15:50,040 Editor of the Law Review. Worked with Mickey Morrissey 12 years. 138 00:15:50,123 --> 00:15:55,212 Criminal law and personal injury. Married Patricia Harrington, 1960. 139 00:15:55,295 --> 00:15:59,591 Joined Stearns, Harrington, Pierce, 1960, as a full partner. 140 00:15:59,675 --> 00:16:03,220 Resigned the firm, 1969, over the Lillibridge case. 141 00:16:03,303 --> 00:16:05,329 He was accused of jury-tampering. 142 00:16:05,330 --> 00:16:07,975 Accused, not indicted. He resigned the firm. 143 00:16:08,684 --> 00:16:11,258 Divorced, 1970. Galvin worked with Michael 144 00:16:11,259 --> 00:16:13,772 Morrissey until Morrissey retired in '78. 145 00:16:13,855 --> 00:16:16,419 Since then he's been on his own. Four cases in 146 00:16:16,420 --> 00:16:18,819 three years. He's lost them all. He drinks. 147 00:16:18,902 --> 00:16:21,321 Four cases in three years. 148 00:16:21,405 --> 00:16:23,782 The man's an ambulance chaser. 149 00:16:23,865 --> 00:16:26,702 - Tell me about this case. - This is a nuisance suit. 150 00:16:26,785 --> 00:16:28,950 He's asking for $600,000 and betting 151 00:16:28,951 --> 00:16:30,706 we don't want to go to court. 152 00:16:30,789 --> 00:16:32,905 No, we don't want this case in court. 153 00:16:32,906 --> 00:16:35,127 Neither does he. That's where he loses. 154 00:16:35,210 --> 00:16:37,133 He's scared to death to go to court. 155 00:16:37,134 --> 00:16:38,797 We only have to call his bluff. 156 00:16:38,880 --> 00:16:41,245 I want to settle and be done with it. I don't 157 00:16:41,246 --> 00:16:43,302 want the archdiocese exposed, Mr Alito. 158 00:16:43,385 --> 00:16:46,847 No. Absolutely. And we're going to see that it's not. 159 00:16:46,930 --> 00:16:49,308 So, what I want to do is stop it here. 160 00:16:49,391 --> 00:16:52,811 I'm going to make him an offer myself. I want it to come from me. 161 00:16:52,894 --> 00:16:55,230 All right. But let's keep the price down. 162 00:16:55,314 --> 00:16:57,570 I called Ed Concannon. He recommends we 163 00:16:57,571 --> 00:17:00,277 continue to respond as if we're going to trial. 164 00:17:00,569 --> 00:17:03,280 If we were to go to trial, would we win the case? 165 00:17:03,363 --> 00:17:05,907 Well, of course it's always dangerous. 166 00:17:05,991 --> 00:17:08,952 I know that answer. Would we win? 167 00:17:09,036 --> 00:17:10,495 Yes. 168 00:17:16,543 --> 00:17:18,003 Dr Gruber? 169 00:17:18,086 --> 00:17:20,505 Yes. Galvin, right? 170 00:17:20,589 --> 00:17:24,051 Well... well, I sure appreciate a man as busy as you are... 171 00:17:24,134 --> 00:17:26,822 It's perfectly all right. Look, I'm kinda 172 00:17:26,823 --> 00:17:29,765 rushed. Do you mind if we walk while we talk? 173 00:17:30,724 --> 00:17:33,477 I read the hospital report on your client. 174 00:17:33,560 --> 00:17:36,354 Deborah Ann Kaye? They called. They want to 175 00:17:36,355 --> 00:17:39,274 settle. It's just a matter of jacking 'em up. 176 00:17:39,358 --> 00:17:40,403 Who called? 177 00:17:40,404 --> 00:17:42,736 The archdiocese. They wanna settle. 178 00:17:42,819 --> 00:17:45,113 - And you're gonna do that? - Yeah. 179 00:17:45,197 --> 00:17:47,059 You're gonna settle out of court? 180 00:17:47,060 --> 00:17:48,083 Well, yeah. 181 00:17:48,084 --> 00:17:49,951 Why? 182 00:17:50,035 --> 00:17:52,621 In the interests of her family. And you, Doctor. 183 00:17:52,704 --> 00:17:55,405 You can never tell what a jury's gonna do. 184 00:17:55,406 --> 00:17:58,043 St Catherine's is a renowned institution. 185 00:17:58,126 --> 00:18:02,172 - Her doctors are... - Her doctors killed her. 186 00:18:02,255 --> 00:18:04,633 - I'm sorry? - Her doctors killed her. 187 00:18:04,716 --> 00:18:06,759 They gave her the wrong anaesthetic, 188 00:18:06,760 --> 00:18:08,637 and she drowned in her own vomit. 189 00:18:08,720 --> 00:18:10,480 The doctors murdered her. 190 00:18:10,481 --> 00:18:12,891 Do you know who her doctors were? 191 00:18:12,975 --> 00:18:17,521 Yeah, I read the file. Marx and Towler. I know who they were. 192 00:18:17,604 --> 00:18:19,243 Two of the most respected... 193 00:18:19,244 --> 00:18:21,483 I thought you wanted to do something. 194 00:18:21,566 --> 00:18:23,735 I've no interest in the woman's estate. 195 00:18:23,819 --> 00:18:26,363 No offence, we all know where the money is going. 196 00:18:26,446 --> 00:18:28,757 I have an interest in hospitals. I don't want 197 00:18:28,758 --> 00:18:30,867 those bozos in the same profession as me. 198 00:18:30,951 --> 00:18:33,354 They gave her the wrong anaesthetic, they 199 00:18:33,355 --> 00:18:35,872 killed her and her kid, and you caught 'em. 200 00:18:35,956 --> 00:18:37,582 You want a cigar? 201 00:18:37,666 --> 00:18:41,503 No, thank you. The hospital's owned by the archdiocese... 202 00:18:41,586 --> 00:18:44,715 What are they gonna do? Not invite me to their birthday party? 203 00:18:44,798 --> 00:18:48,552 Look, I'm sorry I'm rushing, but I have to be in Cambridge. 204 00:18:48,635 --> 00:18:51,346 When can we get together again and get a deposition? 205 00:18:51,430 --> 00:18:54,057 Ok. We'll meet here Tuesday night. 206 00:18:54,141 --> 00:18:57,728 I gotta go. Are you going my way? 207 00:18:57,811 --> 00:19:00,939 Ok. But we're gonna have to keep you under wraps, you know. 208 00:19:01,023 --> 00:19:03,442 - You can't discuss the case. - I understand. 209 00:19:03,525 --> 00:19:05,669 You're gonna meet me here on Tuesday. 210 00:19:05,670 --> 00:19:07,362 We'll go over your testimony. 211 00:19:07,446 --> 00:19:10,073 Right. Seven o'clock in the locker rooms. 212 00:19:10,157 --> 00:19:13,327 - I got it. - Thank you. 213 00:19:13,410 --> 00:19:15,912 - Thank you. - My pleasure. 214 00:19:17,372 --> 00:19:19,499 Why are you doing this? 215 00:19:19,583 --> 00:19:23,337 To do the right thing. Isn't that why you're doing it? 216 00:19:37,059 --> 00:19:38,226 Whoo-ha. 217 00:19:42,022 --> 00:19:45,776 Sorry. Nobody ever stood here since 1952. 218 00:19:47,152 --> 00:19:50,197 Give me a Bushmill. Who are the civilians? 219 00:19:50,280 --> 00:19:54,326 Lousy weather, good for business, Frankie. There you go. 220 00:20:07,673 --> 00:20:11,176 - Would you like a drink? - I'd like an apartment. 221 00:20:11,802 --> 00:20:14,429 Would you settle for a drink? 222 00:20:15,472 --> 00:20:17,975 No. Thank you. 223 00:20:19,434 --> 00:20:21,937 I had a good day today. 224 00:20:23,063 --> 00:20:25,399 Let me at 'em. 225 00:20:25,482 --> 00:20:26,942 Gentlemen... 226 00:20:27,025 --> 00:20:29,736 - To ya. - To ya. To ya. 227 00:20:32,656 --> 00:20:34,933 I cut myself so badly shaving this 228 00:20:34,934 --> 00:20:37,411 morning, my eyes almost cleared up. 229 00:20:37,494 --> 00:20:39,913 Bad? 230 00:20:48,213 --> 00:20:50,424 I'm glad you had a good day. 231 00:20:50,507 --> 00:20:53,010 - Good night. - Thank you. 232 00:20:55,637 --> 00:20:58,140 Well, well, well, well, well. Hey. 233 00:21:00,309 --> 00:21:02,811 It's a long road that has no turning. 234 00:21:02,894 --> 00:21:05,314 That's for sure, Frankie. 235 00:21:11,695 --> 00:21:15,240 Yeah. I'm going to the archdiocese tomorrow. 236 00:21:15,949 --> 00:21:18,285 At two. 237 00:21:20,370 --> 00:21:23,242 Yes, I know you don't. I know you don't. 238 00:21:23,243 --> 00:21:25,834 You're just following your own life. 239 00:21:25,917 --> 00:21:28,920 You have a life to live too. You have to go out West. 240 00:21:29,004 --> 00:21:31,923 You're not gonna do yourself good here. 241 00:21:35,636 --> 00:21:37,763 Well... 242 00:21:39,139 --> 00:21:41,850 I'm sure she knows that you care for her. 243 00:21:46,146 --> 00:21:50,359 - Well... - She's so unprotected. 244 00:21:51,568 --> 00:21:54,168 Finally, we're none of us protected. 245 00:21:54,169 --> 00:21:56,698 I mean, we just... have to go on... 246 00:21:56,782 --> 00:21:59,117 seek help where we can and go on... 247 00:21:59,201 --> 00:22:02,412 She's stuck there. Maybe she knows when we're there. 248 00:22:02,496 --> 00:22:05,108 Will she think we've abandoned her? 249 00:22:05,109 --> 00:22:07,376 Yes, I know that you love her. 250 00:22:07,459 --> 00:22:10,420 I know that you're acting out of love. 251 00:22:16,760 --> 00:22:19,429 Huh. As soon as I know. 252 00:22:19,513 --> 00:22:21,515 My husband sends his respects. 253 00:22:21,516 --> 00:22:24,017 Well, you give him my respects, too. 254 00:22:24,101 --> 00:22:26,967 Thank you. Sorry to call so late. 255 00:22:26,968 --> 00:22:29,356 Not at all. No, not at all. 256 00:22:33,694 --> 00:22:34,694 Well... 257 00:22:36,488 --> 00:22:39,241 Good night. 258 00:22:39,324 --> 00:22:42,202 - God bless you, Mr Galvin. - Well, bless you, too. 259 00:22:42,285 --> 00:22:44,579 Good night. 260 00:24:46,451 --> 00:24:48,366 "Jimmy" I said. "You don't go in your 261 00:24:48,367 --> 00:24:50,080 pocket if there's nothing there." 262 00:24:50,163 --> 00:24:52,749 And what did he say? 263 00:24:52,833 --> 00:24:55,752 Sir, you're not allowed to be in here. 264 00:25:01,466 --> 00:25:03,969 You can't be in here. 265 00:25:09,224 --> 00:25:11,727 I'm her attorney. 266 00:25:15,772 --> 00:25:18,567 It's a question of continuing values. 267 00:25:18,650 --> 00:25:22,112 St Catherine's, to do the good she must do in the community... 268 00:25:22,195 --> 00:25:26,033 must maintain the position she holds in the community. 269 00:25:26,116 --> 00:25:30,203 So... we have a question of balance. 270 00:25:30,954 --> 00:25:33,147 On the one hand, our hospital, its 271 00:25:33,148 --> 00:25:35,792 reputation, and so its effectiveness... 272 00:25:35,876 --> 00:25:38,545 and that of two of its important doctors. 273 00:25:38,879 --> 00:25:42,424 And on the other hand, the rights of your client. 274 00:25:44,384 --> 00:25:46,794 A young woman in her prime, deprived 275 00:25:46,795 --> 00:25:49,139 of her life, her sight, her family. 276 00:25:49,765 --> 00:25:52,976 It's tragic. It's a tragic accident. 277 00:25:54,853 --> 00:25:58,273 Nothing, of course, can begin to make that right. 278 00:25:59,316 --> 00:26:03,278 But we must do what we can. We must do all that we can. 279 00:26:05,364 --> 00:26:08,116 Yes, we must try to make it right. 280 00:26:12,996 --> 00:26:15,749 It's a generous offer, Mr Galvin. 281 00:26:15,832 --> 00:26:19,148 Nothing can begin to make that woman well, 282 00:26:19,149 --> 00:26:22,464 but we could at least try to compensate... 283 00:26:23,298 --> 00:26:25,384 make a gesture. 284 00:26:27,511 --> 00:26:30,013 How did you settle on the amount? 285 00:26:31,431 --> 00:26:33,767 We thought it was just. 286 00:26:35,852 --> 00:26:38,105 You thought it was just? 287 00:26:38,188 --> 00:26:39,648 Yes. 288 00:26:42,943 --> 00:26:46,071 Because it struck me... 289 00:26:47,239 --> 00:26:52,285 how neatly three went into this figure, 210,000. 290 00:26:52,911 --> 00:26:55,414 That means I would keep 70. 291 00:26:57,749 --> 00:27:01,753 That was our insurance company's recommendation. 292 00:27:02,754 --> 00:27:04,756 Yes, that would be. 293 00:27:05,632 --> 00:27:08,802 Nothing we can do can make that woman well. 294 00:27:13,473 --> 00:27:15,976 And no one will know the truth. 295 00:27:17,978 --> 00:27:20,480 What is the truth? 296 00:27:24,109 --> 00:27:26,987 That that poor girl put her trust into the... 297 00:27:29,156 --> 00:27:32,075 the hands of two men who took her life. 298 00:27:32,909 --> 00:27:35,495 She's in a coma. 299 00:27:37,581 --> 00:27:39,708 Her life is gone. 300 00:27:42,252 --> 00:27:44,755 She has no home, no family. 301 00:27:47,382 --> 00:27:49,885 She's tied to a machine. 302 00:27:51,219 --> 00:27:53,847 She has no friends. 303 00:27:56,183 --> 00:27:58,977 And the people who should care for her... 304 00:27:59,061 --> 00:28:01,355 her doctors... 305 00:28:03,231 --> 00:28:05,525 and you and me... 306 00:28:09,488 --> 00:28:12,741 have been bought off to look the other way. 307 00:28:12,824 --> 00:28:15,994 We've been paid to look the other way. 308 00:28:20,415 --> 00:28:22,918 I came here to take your money. 309 00:28:27,005 --> 00:28:31,176 I brought snapshots to show you so I could get your money. 310 00:28:33,929 --> 00:28:36,431 I can't do it. I can't take it. 311 00:28:39,351 --> 00:28:42,062 Because if I take the money, I'm lost. 312 00:28:44,314 --> 00:28:46,650 I'll just be a... 313 00:28:47,484 --> 00:28:49,778 rich... 314 00:28:50,821 --> 00:28:53,198 ambulance chaser. 315 00:28:58,537 --> 00:29:01,039 I can't do it. I can't take it. 316 00:29:03,583 --> 00:29:06,378 If we may discuss money, Mr Galvin... 317 00:29:07,004 --> 00:29:09,506 how's your law practise? 318 00:29:11,300 --> 00:29:13,677 Not too good. 319 00:29:16,805 --> 00:29:19,308 I only got the one client. 320 00:29:32,654 --> 00:29:34,281 Mick? 321 00:29:36,575 --> 00:29:38,869 I gotta talk to you. 322 00:29:41,038 --> 00:29:44,041 Mickey, come on. Hey, let's go get a drink. 323 00:29:45,500 --> 00:29:48,003 Hymie, sit in for me, will ya? 324 00:30:01,600 --> 00:30:04,394 - Are you out of your mind? - I need your help. 325 00:30:04,478 --> 00:30:08,023 You need my help? You need a goddamn keeper. 326 00:30:08,106 --> 00:30:12,194 Are you telling me you turned down 210 grand? Huh? 327 00:30:12,277 --> 00:30:15,656 What are you, nuts? What are you gonna do, bring her back to life? 328 00:30:15,739 --> 00:30:18,659 - I'm gonna help her. - To do what? 329 00:30:18,742 --> 00:30:22,412 To do what, for Christ's sakes? Help her do what? She's dead. 330 00:30:22,496 --> 00:30:25,358 They killed her. They're trying to buy it. 331 00:30:25,359 --> 00:30:27,584 That's the fucking point, dummy. 332 00:30:28,168 --> 00:30:31,964 Let them buy it. No, we let them buy the case. 333 00:30:32,047 --> 00:30:34,328 That's why I took it. Now, look, you 334 00:30:34,329 --> 00:30:36,301 just drop this, you understand? 335 00:30:36,385 --> 00:30:38,428 We'll go up to... up to New Hampshire. 336 00:30:38,512 --> 00:30:40,847 - We'll kill some fucking deer. - Mick. Mick. 337 00:30:41,139 --> 00:30:43,475 You said... No, listen to me. 338 00:30:43,558 --> 00:30:45,167 You said "If not now, when?" 339 00:30:45,168 --> 00:30:47,688 I know what I said. But not now, all right? 340 00:30:47,771 --> 00:30:50,482 I'll tell you something else. I can win this case. 341 00:30:50,732 --> 00:30:53,402 But you won, Frank. You won. 342 00:30:54,236 --> 00:30:57,030 When they give you the money, that means you won. 343 00:30:57,114 --> 00:30:59,616 Now, look, we... we don't wanna go to court. 344 00:30:59,700 --> 00:31:02,327 Is this this getting through to you? 345 00:31:02,411 --> 00:31:06,373 Do you know who the attorney for the archdiocese is? Ed Concannon. 346 00:31:06,456 --> 00:31:08,959 - He's a good man. - "He's a good man?" 347 00:31:09,042 --> 00:31:11,545 He's the prince of fucking darkness. 348 00:31:11,628 --> 00:31:14,589 He'll have people testifying they saw her water-skiing. 349 00:31:14,673 --> 00:31:17,226 Frank, don't fuck with this case, huh? 350 00:31:17,227 --> 00:31:19,344 I gotta stand up for that girl. 351 00:31:19,428 --> 00:31:22,764 Frank, I know you're trying to wipe out some old business. 352 00:31:22,848 --> 00:31:26,018 I understand that. I do. But not now. 353 00:31:26,852 --> 00:31:28,446 Call the bishop, will you? 354 00:31:28,447 --> 00:31:31,064 I'm gonna try this case. Will you help me? 355 00:31:32,941 --> 00:31:36,570 I'm gonna need your help, Mick. Will you help me? 356 00:31:44,077 --> 00:31:47,956 Anybody ever hear "For want of a shoe, a horse was lost?" 357 00:31:48,040 --> 00:31:51,793 Who's going on vacation tomorrow? 358 00:31:53,337 --> 00:31:56,548 Friedman? St Barts, is that right? 359 00:31:56,632 --> 00:31:57,883 Yes, sir. 360 00:31:57,966 --> 00:32:02,346 Send Mrs Friedman a dozen roses tomorrow morning, please, Sal. 361 00:32:02,429 --> 00:32:06,016 No, wait a minute... Send her a sun lamp. 362 00:32:07,059 --> 00:32:09,603 Friedman, I'm sorry, but you'll have to stay. 363 00:32:09,686 --> 00:32:13,106 There'll be no vacations until this thing is cleared. 364 00:32:13,190 --> 00:32:15,918 You're all acquainted with this case. 365 00:32:15,919 --> 00:32:18,862 It's been on the calendar for 18 months. 366 00:32:18,945 --> 00:32:23,200 Now I think we have a... definite court date. 367 00:32:23,950 --> 00:32:27,704 February... 19th. 368 00:32:29,414 --> 00:32:32,387 The plaintiff's attorney is Francis P Galvin. 369 00:32:32,388 --> 00:32:35,295 I trust you're all familiar with his record. 370 00:32:35,379 --> 00:32:37,705 We've been expecting him to call us 371 00:32:37,706 --> 00:32:39,967 to negotiate, and as he did not... 372 00:32:40,050 --> 00:32:43,303 five days before we're supposed to go to court... 373 00:32:43,387 --> 00:32:47,182 we made him a rather generous offer, which he refused. 374 00:32:47,265 --> 00:32:52,396 Five days before trial. What does that mean? I want to find out. 375 00:32:53,271 --> 00:32:57,109 Acquaint yourselves again with the depositions. 376 00:32:57,192 --> 00:33:01,321 Don't rely on the fact that we did it last year. Do it again. 377 00:33:01,405 --> 00:33:04,825 We shall be reviewing it here. You do it at home. 378 00:33:04,908 --> 00:33:07,369 You each have a full file, so know the deps. 379 00:33:07,452 --> 00:33:09,420 I want you all to be here when we work 380 00:33:09,421 --> 00:33:11,540 with the defendants. When is that, Billy? 381 00:33:11,623 --> 00:33:13,792 - Wednesday evening. - Huh. 382 00:33:13,875 --> 00:33:17,796 I want an article as soon as possible in The Globe: 383 00:33:17,879 --> 00:33:22,009 "St Cat's, neighbourhood giant, serving the community," et cetera. 384 00:33:22,092 --> 00:33:23,885 They've got it in the files. 385 00:33:23,969 --> 00:33:26,519 And I want something in the Herald Monday 386 00:33:26,520 --> 00:33:28,765 morning: "Our gallant doctors." Huh? 387 00:33:28,849 --> 00:33:30,851 Be inventive? 388 00:33:30,934 --> 00:33:34,047 And television. We've gotta have television. 389 00:33:34,048 --> 00:33:36,815 Friedman, since you're still with us... 390 00:33:36,898 --> 00:33:41,820 why don't you have a word with your friend at GBH, huh? 391 00:33:43,030 --> 00:33:46,366 Now, to belabour the obvious for a moment... 392 00:33:46,450 --> 00:33:49,700 our clients are the Archdiocese of Boston, 393 00:33:49,701 --> 00:33:52,497 the St Catherine Labouré Hospital... 394 00:33:52,581 --> 00:33:54,708 and Doctors Marx and Towler, two of the 395 00:33:54,709 --> 00:33:56,835 most respected men in their profession. 396 00:33:56,918 --> 00:34:01,340 The thrust of this defence will be to answer... 397 00:34:01,423 --> 00:34:04,176 in the court, the press, and the public mind... 398 00:34:04,259 --> 00:34:09,014 to answer the accusation of negligence this completely... 399 00:34:09,097 --> 00:34:11,029 that not only do we win the case, but 400 00:34:11,030 --> 00:34:12,809 win the case so that it is seen... 401 00:34:12,893 --> 00:34:16,531 that this attack on these men and this 402 00:34:16,532 --> 00:34:19,983 institution... was a rank obscenity. 403 00:34:20,609 --> 00:34:23,528 Ok, let's get the cobwebs off. Billy? 404 00:34:24,988 --> 00:34:27,616 Please turn to your page four. 405 00:34:27,699 --> 00:34:30,338 We're gonna review the depositions of the 406 00:34:30,339 --> 00:34:32,788 nurse anaesthetist, the scrub nurse... 407 00:34:32,871 --> 00:34:36,625 and all those in attendance in the OR at the time of the operation. 408 00:34:37,417 --> 00:34:41,254 - So, what have we got? - Well, we've got her sister. 409 00:34:41,338 --> 00:34:43,736 Says Deborah Ann ate a full meal an hour 410 00:34:43,737 --> 00:34:46,134 before she was admitted to the hospital. 411 00:34:46,218 --> 00:34:49,763 And we got the admittance form says she ate nine hours before. 412 00:34:49,846 --> 00:34:52,174 The sister's testimony's no good. The 413 00:34:52,175 --> 00:34:54,685 jury knows if we win, she gets the cash. 414 00:34:54,768 --> 00:34:58,730 We got my Dr Gruber. He says she was given the wrong anaesthetic. 415 00:34:58,814 --> 00:35:01,358 And, anyway, she came in complaining of nausea. 416 00:35:01,441 --> 00:35:02,816 Well, Gruber's not bad. 417 00:35:02,817 --> 00:35:05,237 He's Dr Kildare. The jury'll eat him up. 418 00:35:05,320 --> 00:35:08,156 Yeah. But their guy is Towler. 419 00:35:08,240 --> 00:35:13,120 He wrote the book: Methodology and Practise in Anaesthesiology. 420 00:35:13,203 --> 00:35:15,553 Everybody in that operating room signed a 421 00:35:15,554 --> 00:35:17,791 deposition, from the scrub nurse on up: 422 00:35:17,874 --> 00:35:21,712 "All those guys are God. I saw them walk on water." 423 00:35:21,795 --> 00:35:25,340 They had an obstetric nurse. Did we get a deposition from her? 424 00:35:25,424 --> 00:35:27,384 No. 425 00:35:27,467 --> 00:35:29,160 Maureen Rooney, aged 49, lives in 426 00:35:29,161 --> 00:35:31,263 Arlington. Still works at the hospital. 427 00:35:31,346 --> 00:35:34,433 Think you could talk to her, ask why she ain't speaking up? 428 00:35:34,516 --> 00:35:35,976 Yeah. 429 00:35:37,060 --> 00:35:39,563 - Ok. Cases. - All right. 430 00:35:40,522 --> 00:35:44,401 - Smith versus State of Michigan. - All right. 431 00:35:44,484 --> 00:35:47,237 Brindisi versus Electric Boat. 432 00:35:47,321 --> 00:35:50,240 Hey, you've got a good memory, Frankie. 433 00:35:50,324 --> 00:35:52,409 I had a good teacher. 434 00:35:52,492 --> 00:35:56,413 - McClean versus, Urban Transport. - Right. 435 00:35:58,665 --> 00:36:01,168 Jimmy. Couple of Bushmills. 436 00:36:03,378 --> 00:36:05,672 Ah. 437 00:36:05,756 --> 00:36:08,592 Do me a favour. I'll buy you a drink tomorrow. 438 00:36:08,675 --> 00:36:10,761 What are you doing tonight? 439 00:36:10,844 --> 00:36:14,681 I found this new bar, see, and for half a buck you can... 440 00:36:14,765 --> 00:36:17,267 I'm gonna get laid. 441 00:36:19,394 --> 00:36:21,855 All right. I'll be at the office. 442 00:36:21,938 --> 00:36:25,067 Just don't leave your best work in the sheets. 443 00:36:31,740 --> 00:36:34,159 These are on me, Frankie. 444 00:36:44,795 --> 00:36:47,422 Did you find an apartment? 445 00:36:48,465 --> 00:36:50,968 Still looking. 446 00:36:53,136 --> 00:36:56,264 I changed my life today. What did you do? 447 00:36:57,557 --> 00:37:00,060 Changed my room at the hotel. 448 00:37:00,143 --> 00:37:02,688 Why'd you do that? 449 00:37:02,771 --> 00:37:05,148 TV didn't work. 450 00:37:08,694 --> 00:37:11,405 What hotel are you staying at? 451 00:37:11,488 --> 00:37:13,865 And what are you? A cop? 452 00:37:13,949 --> 00:37:16,451 No. I'm a lawyer. 453 00:37:17,953 --> 00:37:21,540 - My ex-husband was a lawyer. - Nice. Wonderful for you. 454 00:37:23,458 --> 00:37:25,752 Yes, it was, actually. 455 00:37:26,962 --> 00:37:31,049 "It was, actually?" Well, how come you called it off? 456 00:37:32,718 --> 00:37:35,137 Who says I'm the one that called it off? 457 00:37:35,554 --> 00:37:36,930 Aw. 458 00:37:37,014 --> 00:37:39,171 Well, a brick house says you divorced 459 00:37:39,172 --> 00:37:41,101 him. I'll put you on your honour. 460 00:37:41,184 --> 00:37:43,696 100 bucks against you have dinner with 461 00:37:43,697 --> 00:37:46,273 me tonight. I'll take your word for it. 462 00:37:47,316 --> 00:37:50,193 Come on. Tell me the truth. 463 00:37:52,154 --> 00:37:54,323 You can't lie to me. 464 00:37:55,949 --> 00:37:58,410 What's your name? 465 00:37:59,036 --> 00:38:00,704 Laura. 466 00:38:01,371 --> 00:38:03,457 Mine's Frank. 467 00:38:03,540 --> 00:38:06,793 Furthermore, you came back to see me tonight. 468 00:38:07,419 --> 00:38:10,922 What if it wasn't you I came back here to see tonight? 469 00:38:11,006 --> 00:38:13,508 Well, you got lucky. 470 00:38:15,135 --> 00:38:17,888 Have you eaten yet? Come on. 471 00:38:18,639 --> 00:38:21,558 My God, you are some beautiful woman. 472 00:38:25,979 --> 00:38:28,273 The weak. 473 00:38:34,237 --> 00:38:37,449 The weak have gotta have somebody to fight for 'em. 474 00:38:37,532 --> 00:38:39,284 Ain't that the truth? 475 00:38:41,161 --> 00:38:42,913 - Want another drink? - Yeah. 476 00:38:42,996 --> 00:38:45,457 - Jimmy. - Yeah? 477 00:38:46,208 --> 00:38:48,246 That's why the court exists. The court 478 00:38:48,247 --> 00:38:50,128 doesn't exist to give them justice. 479 00:38:50,212 --> 00:38:54,091 The court exists to give them a chance at justice. 480 00:38:55,384 --> 00:38:57,552 Are they gonna get it? 481 00:38:57,636 --> 00:38:59,513 They might. 482 00:38:59,721 --> 00:39:02,265 They might. 483 00:39:02,349 --> 00:39:06,853 See, the jury wants to believe. I mean, the jury wants to believe. 484 00:39:08,021 --> 00:39:09,898 It is something to see. 485 00:39:09,982 --> 00:39:13,318 I gotta go down there tomorrow and pick out 12 of 'em. 486 00:39:13,402 --> 00:39:16,069 All of 'em, all their lives, think it's a 487 00:39:16,070 --> 00:39:18,991 sham, it's rigged, you can't fight city hall. 488 00:39:21,243 --> 00:39:24,663 But when they step into that jury box... 489 00:39:24,746 --> 00:39:27,874 I think you just barely see it in their eyes. 490 00:39:28,500 --> 00:39:30,377 "Maybe." 491 00:39:30,585 --> 00:39:32,838 "Maybe." 492 00:39:36,466 --> 00:39:38,719 Maybe what? 493 00:39:42,973 --> 00:39:45,559 "Maybe I can do something right." 494 00:39:50,314 --> 00:39:53,233 And... is that what you're going to do? 495 00:39:56,528 --> 00:39:59,239 Is... is that what you're going to do? 496 00:40:02,659 --> 00:40:05,162 That's what I'm gonna try to do. 497 00:40:28,226 --> 00:40:30,729 - Would you like a drink? - Yeah. 498 00:40:55,212 --> 00:40:57,631 - Water? Soda? - No. 499 00:41:59,318 --> 00:42:01,611 That's all right. 500 00:42:24,593 --> 00:42:25,802 Ya-ha. 501 00:42:25,886 --> 00:42:27,971 Beat you, you. 502 00:42:28,972 --> 00:42:31,266 - Is that right? - Yeah. 503 00:42:31,350 --> 00:42:33,644 Oh, my God. 504 00:42:59,544 --> 00:43:02,204 I met him at the club the other night. 505 00:43:02,205 --> 00:43:03,205 Poor guy. 506 00:43:05,676 --> 00:43:09,137 - You're late, Mr Galvin. - I know. I'm sorry. 507 00:43:09,221 --> 00:43:12,724 - Why is that? - I, Well, I just got held up. 508 00:43:12,808 --> 00:43:15,477 - Ed Concannon. - Oh, hi. 509 00:43:15,560 --> 00:43:18,063 Frank Galvin. We've met before. 510 00:43:20,107 --> 00:43:22,818 Well... here. Let's do some business. 511 00:43:31,285 --> 00:43:34,830 They tell me no bargain ever was completed other than quickly... 512 00:43:34,913 --> 00:43:38,625 when both parties really care to make a deal. 513 00:43:38,709 --> 00:43:41,378 Have you boys tried to resolve your difficulties? 514 00:43:41,461 --> 00:43:43,828 Because that certainly would save the 515 00:43:43,829 --> 00:43:46,258 Commonwealth a lot of time and bother. 516 00:43:46,341 --> 00:43:49,261 Well, it's a very complicated case, Your Honour. 517 00:43:49,344 --> 00:43:52,973 Oh, yeah, I'm sure it is, Frank. But, let me tell you something. 518 00:43:53,056 --> 00:43:55,392 If we find it so complex, how the hell do 519 00:43:55,393 --> 00:43:57,728 you think you'll make jury understand it? 520 00:43:57,811 --> 00:44:00,188 You see my point? 521 00:44:00,272 --> 00:44:02,941 Now, let's talk a minute. 522 00:44:04,192 --> 00:44:05,775 Frank, what would you and your 523 00:44:05,776 --> 00:44:07,779 client take now, this very minute... 524 00:44:07,863 --> 00:44:10,991 to walk out of here and let this damn thing drop? 525 00:44:12,200 --> 00:44:15,162 My client can't walk, Your Honour. 526 00:44:18,790 --> 00:44:21,418 I know full well she can't, Frank. 527 00:44:21,501 --> 00:44:24,237 You see the padre on your way out. He'll 528 00:44:24,238 --> 00:44:26,506 punch your ticket. You follow me? 529 00:44:26,590 --> 00:44:29,259 - I'm just trying to help you. - Your Honour... 530 00:44:29,343 --> 00:44:32,095 Bishop Brophy and the archdiocese 531 00:44:32,096 --> 00:44:35,265 have offered the plaintiff $210,000. 532 00:44:37,059 --> 00:44:38,185 What? 533 00:44:38,268 --> 00:44:40,326 My doctors didn't want a settlement. 534 00:44:40,327 --> 00:44:42,439 They wanted this cleared up in court. 535 00:44:42,522 --> 00:44:45,025 They want their vindication. I agree with them. 536 00:44:45,108 --> 00:44:47,527 But for today the offer stands... 537 00:44:47,611 --> 00:44:51,406 before the... publicity of a trial begins. 538 00:44:51,949 --> 00:44:54,402 For today only. But when I walk out 539 00:44:54,403 --> 00:44:56,787 that door, the offer is withdrawn. 540 00:44:57,621 --> 00:45:00,290 Just so long as you understand that, Mr Galvin. 541 00:45:00,791 --> 00:45:03,293 Got to be that way. 542 00:45:05,921 --> 00:45:08,423 We're going to try the case. 543 00:45:12,678 --> 00:45:15,305 That's it? 544 00:45:15,389 --> 00:45:17,224 Oh, come on, guys. 545 00:45:18,016 --> 00:45:20,435 Life is too short. 546 00:45:20,519 --> 00:45:24,898 Now, you tell me if you're playing chicken or you really mean it. 547 00:45:29,111 --> 00:45:32,156 Frank, I don't think I'm talking out of school, 548 00:45:32,157 --> 00:45:35,075 but I just heard someone offer you 200 grand. 549 00:45:36,118 --> 00:45:38,036 Now that's a lot of money. 550 00:45:38,120 --> 00:45:41,623 And if I may say... you haven't got the best of records. 551 00:45:43,083 --> 00:45:45,794 Things change. 552 00:45:45,877 --> 00:45:47,921 That's true. 553 00:45:48,005 --> 00:45:51,258 Sometimes they change, and sometimes they don't. 554 00:45:51,341 --> 00:45:53,715 I remember when you were disbarred... 555 00:45:53,716 --> 00:45:55,971 I wasn't. They dropped the charges. 556 00:45:56,054 --> 00:45:58,692 It seems to me, a fella's trying to 557 00:45:58,693 --> 00:46:01,476 come back, he'd take this settlement. 558 00:46:01,560 --> 00:46:03,937 Get a record for himself. 559 00:46:04,021 --> 00:46:06,648 I myself would take it and run like a thief. 560 00:46:07,858 --> 00:46:10,360 I'm sure you would. 561 00:46:13,363 --> 00:46:14,823 Yeah. 562 00:46:16,199 --> 00:46:19,119 Well, we have the date set. 563 00:46:20,746 --> 00:46:22,873 Next Thursday. 564 00:46:22,956 --> 00:46:24,583 Good. 565 00:46:24,666 --> 00:46:27,252 Well... see you boys in court. 566 00:46:32,257 --> 00:46:34,551 All rise. 567 00:46:55,906 --> 00:46:58,116 Dumb, dumb, dumb, dumb. 568 00:47:07,250 --> 00:47:09,753 - Mr Abraham? - Abrams. 569 00:47:10,879 --> 00:47:14,549 - Mr Abrams, how are you? - I'm fine. 570 00:47:17,636 --> 00:47:20,889 Have you ever been a patient in St Catherine Labouré Hospital? 571 00:47:21,223 --> 00:47:23,725 Me? I'm Jewish. 572 00:47:26,103 --> 00:47:29,012 Have you ever been a patient in a hospital? 573 00:47:29,013 --> 00:47:30,013 Yes. 574 00:47:30,065 --> 00:47:32,275 Well, how did they treat you? 575 00:47:32,359 --> 00:47:34,861 I don't know what you mean. 576 00:47:40,659 --> 00:47:43,161 Been a long time, huh? 577 00:47:43,245 --> 00:47:45,789 I'll get it back. Don't worry about me. 578 00:47:46,540 --> 00:47:50,294 - Did you get the obstetric nurse? - Maureen Rooney? 579 00:47:50,377 --> 00:47:54,298 I went over to the hospital. She didn't wanna talk to me. 580 00:47:54,381 --> 00:47:59,011 When I get home tonight, I'll go back. Here. Read this. 581 00:47:59,710 --> 00:48:00,710 So what? 582 00:48:00,711 --> 00:48:03,056 "So what?" The best is yet to come. 583 00:48:03,140 --> 00:48:06,476 Check the TV guide. They got our Dr Towler on GBH this Friday. 584 00:48:06,560 --> 00:48:08,797 The Healing Hand. The expert speaks. 585 00:48:08,798 --> 00:48:10,689 Still gotta take it to a jury. 586 00:48:10,772 --> 00:48:13,372 All I'm saying is, they're getting some help. 587 00:48:13,373 --> 00:48:14,943 What do you want me to do? 588 00:48:15,027 --> 00:48:18,697 Concannon's gonna try the case his way, I'm gonna try it my way. 589 00:48:18,780 --> 00:48:21,183 You want me to go "wee wee wee" all the way 590 00:48:21,184 --> 00:48:23,368 home just cos of stories in newspapers? 591 00:48:23,452 --> 00:48:25,454 I'm gonna win this case. 592 00:48:25,537 --> 00:48:27,873 John, give me a cigar, huh? 593 00:48:29,333 --> 00:48:31,460 - What day is it? - Tuesday. 594 00:48:31,543 --> 00:48:33,920 I gotta go and meet Gruber. 595 00:48:34,004 --> 00:48:36,302 What's a box of your best cigars? 596 00:48:36,303 --> 00:48:37,332 Macanudos. 597 00:48:37,333 --> 00:48:39,718 Then I gotta meet somebody at O'Rourke's. 598 00:48:39,719 --> 00:48:42,220 Could you meet her for me? Laura Fischer. 599 00:48:42,304 --> 00:48:44,681 - 33 bucks. - Put it on the tab. 600 00:48:44,765 --> 00:48:47,392 - The one from the other night? - Yeah. 601 00:48:47,476 --> 00:48:50,562 See you at the office tomorrow. We're doing fine. 602 00:48:51,104 --> 00:48:53,398 Hey, Galvin. 603 00:48:54,983 --> 00:48:57,486 You said that you were gonna call me up. 604 00:48:57,569 --> 00:48:59,863 - You didn't call me up. - Oh. 605 00:48:59,947 --> 00:49:02,658 Well, who... who do you think you are? 606 00:49:09,039 --> 00:49:11,333 Who do you think you are, huh? 607 00:49:13,585 --> 00:49:15,318 They tell me I can have you 608 00:49:15,319 --> 00:49:17,756 disbarred. Do you know what you did? 609 00:49:18,590 --> 00:49:20,380 I said, do you know what you did? 610 00:49:20,381 --> 00:49:21,476 Take it easy. 611 00:49:21,477 --> 00:49:23,178 It's ok. It's ok. 612 00:49:25,973 --> 00:49:29,559 You ruined my life, mister. Me and my wife. 613 00:49:29,643 --> 00:49:32,938 And now I'm gonna ruin yours. 614 00:49:33,313 --> 00:49:35,983 You don't have to go out there to see that girl. 615 00:49:36,066 --> 00:49:38,860 We've been going for four years now. 616 00:49:43,657 --> 00:49:48,078 See, four years... my wife has been crying herself to sleep. 617 00:49:49,746 --> 00:49:52,291 What they did to her sister. 618 00:49:53,292 --> 00:49:55,701 Look, I swear to ya, I wouldn't turn down the 619 00:49:55,702 --> 00:49:58,005 offer if I thought I couldn't win the case. 620 00:49:58,088 --> 00:50:00,674 What do you mean, what you thought? 621 00:50:00,757 --> 00:50:03,760 I am a working man, trying to get my wife outta town. 622 00:50:03,844 --> 00:50:05,971 Now, we hired you, and I am paying you. 623 00:50:06,054 --> 00:50:08,361 And I gotta find out from the other 624 00:50:08,362 --> 00:50:10,475 side that they offered $200,000? 625 00:50:10,559 --> 00:50:12,436 I'm gonna win this. 626 00:50:12,519 --> 00:50:15,439 I'm going to the jury with a solid case, I 627 00:50:15,440 --> 00:50:18,358 got a famous doctor for an expert witness. 628 00:50:18,984 --> 00:50:22,863 You're gonna get, what, five, six times what you... 629 00:50:23,905 --> 00:50:26,199 You guys... 630 00:50:27,951 --> 00:50:30,454 You guys, you're all the same. 631 00:50:32,623 --> 00:50:34,733 The doctors at the hospital, you, it's 632 00:50:34,734 --> 00:50:36,627 always "What I'm gonna do for ya." 633 00:50:36,710 --> 00:50:39,504 And then you screw up and it's... 634 00:50:40,547 --> 00:50:44,301 "We did the best that we could. I'm dreadfully sorry." 635 00:50:45,135 --> 00:50:49,306 And people like us live with your mistakes the rest of our lives. 636 00:50:54,978 --> 00:50:57,064 - They took back the offer. - They? 637 00:52:22,399 --> 00:52:25,277 - Dr Gruber. - Dr Gruber isn't here today, sir. 638 00:52:25,360 --> 00:52:28,780 - No, David... David Gruber. - Well, he's not on the chart. 639 00:52:29,573 --> 00:52:32,075 He hasn't been here all day. 640 00:52:38,624 --> 00:52:41,376 - Phone book? - Yup. Right here. 641 00:54:08,338 --> 00:54:10,424 - What is it? - Dr Gruber. 642 00:54:10,507 --> 00:54:12,801 Dr Gruber's not in. 643 00:54:12,884 --> 00:54:15,762 I had an... an appointment at his office. 644 00:54:15,846 --> 00:54:18,890 I must have got it wrong. I mean, we had a meeting. 645 00:54:18,974 --> 00:54:22,352 - He's not in, sir. - Could you call him? 646 00:54:23,395 --> 00:54:25,478 You can't reach him, sir. He's in 647 00:54:25,479 --> 00:54:28,066 the... on some island in the Caribbean. 648 00:54:28,150 --> 00:54:30,652 They don't have a phone. 649 00:54:31,278 --> 00:54:33,780 He'll be back in a week. 650 00:54:36,158 --> 00:54:39,161 If you'd like Dr Halfrin's number, he's taking his calls. 651 00:54:59,181 --> 00:55:02,142 Thank you for seeing me. 652 00:55:03,852 --> 00:55:06,146 What is it? 653 00:55:07,856 --> 00:55:09,858 I... 654 00:55:09,941 --> 00:55:12,694 I need an extension on my case. 655 00:55:14,947 --> 00:55:19,284 You should have taken their offer. Especially if you were unprepared. 656 00:55:19,368 --> 00:55:23,330 - I had a witness disappear on me. - That happens. 657 00:55:24,539 --> 00:55:27,042 I could subpoena him if I had a week. 658 00:55:27,125 --> 00:55:29,086 I don't have a week. 659 00:55:30,087 --> 00:55:33,006 This case should never have come to trial. 660 00:55:33,090 --> 00:55:36,677 But you know better. You're Mr Independent. 661 00:55:37,594 --> 00:55:40,847 You wanna be independent? Be independent now. 662 00:55:42,599 --> 00:55:45,102 I have no sympathy for you. 663 00:55:48,021 --> 00:55:49,564 Stearns, Harrington. 664 00:55:49,648 --> 00:55:52,192 - You know who they are? - Should I? 665 00:55:53,193 --> 00:55:55,570 Huge law firm. 666 00:55:56,196 --> 00:56:01,118 Ok, they put him in the firm, he... marries the daughter... 667 00:56:03,203 --> 00:56:06,581 buys himself a dog, and everything is rosy. 668 00:56:08,250 --> 00:56:12,212 Then Stearns... tries to fix a case. 669 00:56:13,005 --> 00:56:14,162 Stearns did? 670 00:56:14,163 --> 00:56:17,301 Yeah, that Frankie was working on. 671 00:56:19,344 --> 00:56:23,932 Figured he'd need a little help, so he... bribed a juror. 672 00:56:26,059 --> 00:56:29,563 When Frankie heard about that, he came to me in tears. 673 00:56:30,397 --> 00:56:34,985 He figured anyone who knew what a spinnaker was had to be a saint. 674 00:56:35,861 --> 00:56:38,564 I said "For Christ's sakes, Frankie, wake 675 00:56:38,565 --> 00:56:41,074 up. These... these people are sharks." 676 00:56:42,743 --> 00:56:45,339 "How the hell do you think they wound up 677 00:56:45,340 --> 00:56:47,998 with all that goddamn money? Doing good?" 678 00:56:48,081 --> 00:56:51,043 But... he didn't wanna listen to me. 679 00:56:52,586 --> 00:56:56,632 He goes back to the boys at Stearns and Harrington, and... 680 00:56:57,466 --> 00:57:00,802 he tells them that he's very disappointed. 681 00:57:00,886 --> 00:57:03,597 He's gonna go to the judge and rat them out. 682 00:57:04,931 --> 00:57:08,685 Course, they're way ahead of him. Before he can get there... 683 00:57:08,769 --> 00:57:11,246 he runs into this federal marshal 684 00:57:11,247 --> 00:57:14,024 and is indicted for jury-tampering. 685 00:57:14,107 --> 00:57:18,987 They throw him in jail, and... he's gonna be disbarred. 686 00:57:19,071 --> 00:57:21,573 His life is over. 687 00:57:22,991 --> 00:57:26,328 - Cape Cod Casualty. - Oh. Mr Alito, please. 688 00:57:26,411 --> 00:57:28,426 Business hours are over, sir. 689 00:57:28,427 --> 00:57:31,416 I have to reach him. This is an emergency. 690 00:57:31,500 --> 00:57:34,711 - Please give me his home number. - Sorry, we're not allowed. 691 00:57:34,795 --> 00:57:37,464 What? Well, could you, could you call 692 00:57:37,465 --> 00:57:40,133 him, yes, and have him call me, then? 693 00:57:40,217 --> 00:57:42,760 I can't guarantee that he'll call you back. 694 00:57:42,761 --> 00:57:45,138 Yes. Oh, no, I understand, I understand. 695 00:57:45,222 --> 00:57:48,016 Thank you. Thank you. The name is Frank Galvin. 696 00:57:48,100 --> 00:57:51,561 - Could you spell that, please? - Yes. G-a-l-v-i-n. 697 00:57:51,645 --> 00:57:54,773 And I will be at the following number in about half an hour. 698 00:57:55,273 --> 00:57:57,067 Jimmy, give me a beer, will ya? 699 00:57:57,150 --> 00:57:58,610 - Want one? - Yeah. 700 00:57:58,694 --> 00:58:01,113 Two, huh? 701 00:58:01,196 --> 00:58:06,118 Ok, so now he's in jail and he... finally gets to see the light. 702 00:58:06,660 --> 00:58:08,903 He calls up Harrington and tells him 703 00:58:08,904 --> 00:58:11,206 that he thinks he made a big mistake. 704 00:58:11,290 --> 00:58:14,459 Like that, I mean, like... like magic. 705 00:58:15,502 --> 00:58:19,673 All charges are dropped, and he's released from jail. 706 00:58:21,967 --> 00:58:25,595 But... he's fired from the firm... 707 00:58:26,430 --> 00:58:28,515 his wife divorces him... 708 00:58:28,598 --> 00:58:31,351 he starts hitting the booze... 709 00:58:31,435 --> 00:58:35,397 and he mopes around for about three and a half years. 710 00:58:35,939 --> 00:58:38,817 You like that story, Laura? 711 00:58:41,320 --> 00:58:44,323 What else do you wanna know about Frankie? 712 00:59:02,633 --> 00:59:04,426 Hello? 713 00:59:04,509 --> 00:59:07,262 Oh, yeah. Thanks for calling. 714 00:59:07,346 --> 00:59:11,516 Frank Galvin. I'm representing Deborah Ann Kaye. 715 00:59:13,393 --> 00:59:18,440 Well, I'd like to discuss your firm's offer of that 210... 716 00:59:20,943 --> 00:59:23,487 Well, in the sense that... 717 00:59:24,321 --> 00:59:26,949 well, we'd like to accept it. 718 00:59:27,991 --> 00:59:29,826 Huh. 719 00:59:31,912 --> 00:59:35,509 Yeah, well, it came as something of a shock to 720 00:59:35,510 --> 00:59:38,877 me too, but it is my client's wishes and... 721 00:59:38,961 --> 00:59:41,727 She changed her mind as of tonight and, 722 00:59:41,728 --> 00:59:44,216 of course, I tried to dissuade her. 723 00:59:44,841 --> 00:59:47,177 Huh. Well... 724 00:59:47,260 --> 00:59:50,681 Huh. On the eve of the trial... Well, you understand. 725 00:59:50,764 --> 00:59:54,935 I think she just came down with a terrible case of the jitters. 726 00:59:58,438 --> 01:00:00,232 Huh. 727 01:00:01,483 --> 01:00:04,069 When was that arrived at? 728 01:00:05,737 --> 01:00:08,235 Well, I know what Concannon said, but... I 729 01:00:08,236 --> 01:00:10,617 think you guys are making a big mistake. 730 01:00:10,701 --> 01:00:13,306 I think you oughta reconsider, I think you 731 01:00:13,307 --> 01:00:15,789 oughta get the principals back together. 732 01:00:19,584 --> 01:00:21,128 Ok. 733 01:00:21,211 --> 01:00:23,922 No, no. I understand. 734 01:00:24,548 --> 01:00:27,968 No, that's fine. I'm really sorry to bother you at home. 735 01:00:31,471 --> 01:00:35,100 What happened? You didn't talk to Gruber? 736 01:00:35,517 --> 01:00:38,020 Oh... 737 01:00:38,770 --> 01:00:41,606 Concannon got to him. 738 01:00:44,484 --> 01:00:46,987 I can't even breathe in here. 739 01:01:07,132 --> 01:01:09,387 We're outta time. See if there's 740 01:01:09,388 --> 01:01:12,346 somebody on this list to replace Gruber. 741 01:01:37,204 --> 01:01:40,332 Well, there's Dr Thompson. He's the nearest. 742 01:01:59,142 --> 01:02:01,395 Dr Thompson. 743 01:02:01,478 --> 01:02:04,097 Yeah, Frank Galvin, representing Deborah 744 01:02:04,098 --> 01:02:06,525 Ann Kaye. We had some correspondence. 745 01:02:06,608 --> 01:02:09,610 Well, I'm sorry I didn't get back to 746 01:02:09,611 --> 01:02:12,531 you, but... the case got postponed. 747 01:02:12,614 --> 01:02:16,702 I had to reorganise my staff. I'm sorry to call you so late. 748 01:02:16,785 --> 01:02:20,455 Well... we've had a change of strategy. 749 01:02:21,873 --> 01:02:25,502 Huh. I was just wondering if you could... 750 01:02:25,585 --> 01:02:27,546 Well, it is kinda short notice, at any rate... 751 01:02:34,761 --> 01:02:37,639 Would you like me to go? 752 01:02:37,723 --> 01:02:40,142 No, I... 753 01:02:40,559 --> 01:02:42,936 I just... 754 01:02:43,020 --> 01:02:45,188 Why don't you try and get some rest? 755 01:02:45,189 --> 01:02:46,356 I have work to do. 756 01:02:46,440 --> 01:02:48,942 You can't work if you can't think. 757 01:02:50,152 --> 01:02:52,654 Try and sleep. 758 01:02:53,071 --> 01:02:55,532 I'll stay here with you. 759 01:02:55,616 --> 01:02:57,743 Stay here? 760 01:02:57,826 --> 01:02:59,911 Yeah. 761 01:03:04,416 --> 01:03:07,961 I'll just see if I can get a little... a little sleep. 762 01:03:16,595 --> 01:03:19,931 - What is your name, please? - Dr Robert Towler. 763 01:03:20,766 --> 01:03:22,798 You were Deborah Ann Kaye's doctor? 764 01:03:22,799 --> 01:03:24,936 No, actually, she was referred to me. 765 01:03:25,020 --> 01:03:26,251 She was Dr Hagman's... 766 01:03:26,252 --> 01:03:28,815 Don't equivocate. Be positive. Tell the truth. 767 01:03:28,899 --> 01:03:31,944 Whatever the truth is, just tell that. You were her doctor. 768 01:03:32,027 --> 01:03:33,737 - Yes. - Say it. 769 01:03:35,072 --> 01:03:36,490 I was her doctor. 770 01:03:36,782 --> 01:03:42,996 You were her anaesthesiologist at the delivery on May 12th, 1976? 771 01:03:43,080 --> 01:03:46,275 Well, I was one of a group of medical... 772 01:03:46,276 --> 01:03:49,544 No, answer affirmatively, simply, please. 773 01:03:49,628 --> 01:03:51,459 And keep your answers down to three 774 01:03:51,460 --> 01:03:53,340 words. You were not part of a group. 775 01:03:53,423 --> 01:03:56,626 You were her anaesthesiologist. Isn't that so? 776 01:03:56,627 --> 01:03:57,719 Yes. 777 01:03:57,803 --> 01:04:00,639 You were there to help Dr Marx deliver the child. 778 01:04:00,722 --> 01:04:02,683 Yes. 779 01:04:03,016 --> 01:04:05,477 Anything special about the case? 780 01:04:05,560 --> 01:04:08,021 Well, when she had been... 781 01:04:08,855 --> 01:04:11,692 - "When Debby..." Thank you. - Thank you. 782 01:04:11,775 --> 01:04:14,736 - When Debby had been... - Remember that, Dr Towler. 783 01:04:14,820 --> 01:04:17,864 Who else was with you in the operating room? 784 01:04:18,699 --> 01:04:21,152 Miss Nevins, nurse anaesthetist. Dr Marx, of 785 01:04:21,153 --> 01:04:23,495 course. Maureen Rooney, obstetric nurse... 786 01:04:23,578 --> 01:04:26,957 And what did these people do when her heart stopped? 787 01:04:27,040 --> 01:04:30,335 - We went to Code Blue. - Code Blue? 788 01:04:30,419 --> 01:04:34,006 Do you mind explaining to the jury what that means? 789 01:04:35,048 --> 01:04:37,562 It's a common medical expression. It's a 790 01:04:37,563 --> 01:04:40,137 crash programme to restore the heartbeat. 791 01:04:40,220 --> 01:04:42,723 Dr Marx cut an airway in her trachea so 792 01:04:42,724 --> 01:04:45,225 she could get oxygen, she and the baby. 793 01:04:45,350 --> 01:04:48,812 - Miss Nevins... - Why wasn't she getting oxygen? 794 01:04:48,895 --> 01:04:51,690 - Many reasons, really. - Tell me one. 795 01:04:51,773 --> 01:04:54,475 She'd aspirated vomitus into her mask. 796 01:04:54,476 --> 01:04:56,320 She threw up in her mask. 797 01:04:56,403 --> 01:05:01,074 Cut the bullshit, please. Just say it. "She threw up in her mask." 798 01:05:02,451 --> 01:05:03,952 She threw up in her mask. 799 01:05:04,036 --> 01:05:07,831 Therefore she wasn't getting oxygen and her heart stopped? 800 01:05:07,914 --> 01:05:10,751 - That's right. - And what did your team do then? 801 01:05:10,834 --> 01:05:13,024 You brought 30 years of medical experience 802 01:05:13,025 --> 01:05:14,755 to bear. Isn't that what you did? 803 01:05:14,838 --> 01:05:17,388 A patient riddled with complications, with 804 01:05:17,389 --> 01:05:19,760 questionable information on her charts. 805 01:05:19,843 --> 01:05:23,055 - We did everything we could. - To save her, to save the child. 806 01:05:23,138 --> 01:05:24,900 You reached down into death. 807 01:05:24,901 --> 01:05:27,309 We tried to save her. You can't know. 808 01:05:27,392 --> 01:05:28,935 You can't know. 809 01:05:29,019 --> 01:05:31,313 Good. Good. 810 01:05:32,898 --> 01:05:35,609 Now tell us. 811 01:05:40,697 --> 01:05:43,450 Well... this patient... 812 01:05:54,169 --> 01:05:56,463 Mr Galvin? 813 01:05:58,215 --> 01:06:00,509 Dr Thompson. 814 01:06:01,259 --> 01:06:03,720 Good of you to meet me. 815 01:06:05,180 --> 01:06:08,642 - Well, I'm glad you could come. - My pleasure. 816 01:06:10,102 --> 01:06:12,821 Well... I have some errands to run, and 817 01:06:12,822 --> 01:06:15,607 then I thought we'd spend the evening... 818 01:06:15,691 --> 01:06:19,236 - That's what I planned on doing. - And then I want you to... 819 01:06:19,319 --> 01:06:21,530 to go out to the home and see the girl. 820 01:06:21,613 --> 01:06:25,200 From what I've read, Mr Galvin, you have a very good case. 821 01:06:25,284 --> 01:06:28,078 Yes, I think so. I think so. 822 01:06:28,161 --> 01:06:30,497 Well... 823 01:06:31,415 --> 01:06:33,333 Well... 824 01:06:33,417 --> 01:06:36,295 You will be very comfortable. 825 01:06:36,378 --> 01:06:39,548 - I've put you up at my apartment. - Oh, I made a reservation. 826 01:06:39,631 --> 01:06:42,226 You don't know who you're dealing with. 827 01:06:42,227 --> 01:06:44,886 They'll bring a lot of pressure to bear. 828 01:06:44,970 --> 01:06:47,439 There's nothing they can do to me. 829 01:06:47,440 --> 01:06:48,974 Please. Please, sir. 830 01:06:49,057 --> 01:06:51,351 Humour me. 831 01:06:52,519 --> 01:06:55,647 Here is the address. The key is right inside. 832 01:06:56,440 --> 01:06:58,734 341 Worth, please. 833 01:06:59,901 --> 01:07:02,821 Treat the place as your very own and... 834 01:07:03,822 --> 01:07:06,158 But please, please, don't call anybody. 835 01:07:06,241 --> 01:07:09,786 And thank you... thank you very much for coming. 836 01:07:31,933 --> 01:07:33,361 How's our new witness? 837 01:07:33,362 --> 01:07:35,562 Did you find the obstetric nurse? 838 01:07:35,646 --> 01:07:37,972 She's working the night shift at the hospital. 839 01:07:37,973 --> 01:07:40,150 She's home now. I'll take a run over there. 840 01:07:40,233 --> 01:07:44,905 Give me the address. I'm going. We're gonna need her. 841 01:08:10,013 --> 01:08:12,432 Hi. Frank Galvin. 842 01:08:13,266 --> 01:08:15,973 I represent Deborah Ann Kaye in the 843 01:08:15,974 --> 01:08:18,605 case against St Catherine Labouré. 844 01:08:18,689 --> 01:08:21,555 I told the guy I didn't wanna talk to anybody. 845 01:08:21,556 --> 01:08:23,193 It'll just take a second. 846 01:08:23,277 --> 01:08:27,155 Deborah Ann Kaye. You know what I'm talking about. 847 01:08:28,490 --> 01:08:30,836 Do you know who our chief witness is? 848 01:08:30,837 --> 01:08:31,918 No. 849 01:08:31,919 --> 01:08:34,399 David Gruber. He's the assistant chief 850 01:08:34,400 --> 01:08:37,165 anaesthesiologist at Mass Commonwealth. 851 01:08:37,249 --> 01:08:40,494 He says that your doctors, Towler and Marx, 852 01:08:40,495 --> 01:08:43,297 put my client in a hospital for life. 853 01:08:43,547 --> 01:08:47,426 We can prove that. See, what we don't know is why. 854 01:08:47,509 --> 01:08:49,845 What went on in there, in the operating room? 855 01:08:49,928 --> 01:08:53,598 I mean, something happened. You know what it was. 856 01:08:53,682 --> 01:08:55,823 They gave her the wrong anaesthetic. 857 01:08:55,824 --> 01:08:57,269 Now, something happened. 858 01:08:57,352 --> 01:09:00,897 There was a distraction. What? The telephone? What? 859 01:09:00,981 --> 01:09:03,233 You have your doctor. What do you need me for? 860 01:09:03,317 --> 01:09:06,069 We need someone who was in the operating room. 861 01:09:06,153 --> 01:09:08,572 We're gonna win the case. 862 01:09:08,655 --> 01:09:12,284 There's no question of that. It's simply a matter of how big. 863 01:09:14,411 --> 01:09:16,711 Well, I don't have anything to say to you. 864 01:09:16,712 --> 01:09:18,040 You know what happened. 865 01:09:18,123 --> 01:09:19,293 Nothing happened. 866 01:09:19,294 --> 01:09:22,127 Then why don't you testify for their side? 867 01:09:23,170 --> 01:09:25,724 I can subpoena you, you know. I can 868 01:09:25,725 --> 01:09:27,924 put you up there on the stand. 869 01:09:28,008 --> 01:09:30,218 And ask me what? 870 01:09:30,302 --> 01:09:32,804 Who turned my client into a goddamn vegetable? 871 01:09:32,888 --> 01:09:35,265 - I didn't do it. - Who are you protecting? 872 01:09:35,349 --> 01:09:38,727 - Who says I'm protecting anyone? - Doctors? What do you owe them? 873 01:09:38,810 --> 01:09:40,812 I don't owe them a goddamn thing. 874 01:09:40,813 --> 01:09:42,981 Then why don't you testify for them? 875 01:09:43,065 --> 01:09:45,817 - You're very pushy, fella. - You think I'm pushy now. 876 01:09:45,901 --> 01:09:48,341 Wait till I get you up there on the stand. 877 01:09:48,342 --> 01:09:50,781 Well, maybe you just better do that, then. 878 01:09:51,698 --> 01:09:54,284 You know, you guys are all the same. 879 01:09:54,368 --> 01:09:57,245 You don't care who you hurt. 880 01:09:57,329 --> 01:10:00,207 All you care about is a dollar. You're a bunch of whores. 881 01:10:01,291 --> 01:10:05,754 You've got no loyalty... no nothing. You're a bunch of whores. 882 01:10:10,676 --> 01:10:13,178 Thank you. 883 01:10:13,261 --> 01:10:15,597 His name is Dr Lionel Thompson. 884 01:10:15,681 --> 01:10:20,143 City College of New York, class of '28. Bachelor of Science. 885 01:10:20,227 --> 01:10:24,356 New York College of Medicine, 16th in a class of 22. 886 01:10:24,439 --> 01:10:28,652 1976, got a courtesy appointment, staff of anaesthesiology... 887 01:10:28,735 --> 01:10:31,321 Easthampton Hospital for Women. 888 01:10:32,155 --> 01:10:36,285 Never married. Has no honours or degrees of any weight. 889 01:10:36,368 --> 01:10:40,914 Since 1975 he's testified in 28 court cases. 890 01:10:41,498 --> 01:10:44,042 12 malpractice. 891 01:10:44,126 --> 01:10:47,296 And... he's black. 892 01:10:50,424 --> 01:10:52,321 I'll tell you how you handle the fact 893 01:10:52,322 --> 01:10:53,969 that he's black. Don't touch it. 894 01:10:54,052 --> 01:10:56,592 Don't mention it. Treat him just like 895 01:10:56,593 --> 01:10:59,266 anybody else, neither better nor worse. 896 01:10:59,349 --> 01:11:03,270 And, let's have a black lawyer sit at our table. 897 01:11:03,645 --> 01:11:05,981 - Ok? - Yes, sir. 898 01:11:07,024 --> 01:11:09,776 And what else do you do? 899 01:11:09,860 --> 01:11:13,905 Get the record of his testimony in the 12 malpractice cases. 900 01:11:13,989 --> 01:11:16,867 Do that. We'll be at Locke-Ober's. 901 01:11:19,745 --> 01:11:22,010 They gave her the wrong anaesthetic, 902 01:11:22,011 --> 01:11:23,540 under the circumstances. 903 01:11:23,624 --> 01:11:25,417 Why is that? 904 01:11:25,500 --> 01:11:30,047 Her sister said she ate one hour prior to admittance. 905 01:11:30,130 --> 01:11:32,837 That's what her sister says. The admittance 906 01:11:32,838 --> 01:11:35,052 form says she ate nine hours prior. 907 01:11:35,135 --> 01:11:37,721 She went in complaining of nausea. 908 01:11:38,180 --> 01:11:42,476 A good doctor would have doubted the information on the chart. 909 01:11:42,559 --> 01:11:44,895 Is that what a good doctor would do? 910 01:11:44,978 --> 01:11:48,815 - How old are you, Doctor? - I'm 74 years old. 911 01:11:49,483 --> 01:11:52,861 And what makes you an expert in anaesthesiology? 912 01:11:52,945 --> 01:11:55,763 I'm on the staff of anaesthesiology, 913 01:11:55,764 --> 01:11:58,200 Easthampton Hospital for Women. 914 01:12:00,285 --> 01:12:02,537 The Easthampton Hospital for Women? 915 01:12:02,621 --> 01:12:05,624 What is that, a joke? Let me tell you something, Doctor. 916 01:12:05,707 --> 01:12:07,853 Those men at Catherine Labouré, known not 917 01:12:07,854 --> 01:12:09,795 only in this city but in the world... 918 01:12:09,878 --> 01:12:12,214 were trying to save a woman's life. 919 01:12:12,297 --> 01:12:15,258 They were there. And here you are, four years later... 920 01:12:15,342 --> 01:12:19,179 I made a detailed physical examination of the patient, sir. 921 01:12:21,640 --> 01:12:24,851 Is she, is she getting good treatment over there? 922 01:12:24,935 --> 01:12:29,231 Well, actually, it's... Yes. Well, it's by no means bad, but... 923 01:12:29,314 --> 01:12:32,317 What's the point of ruining the reputation of two men... 924 01:12:32,401 --> 01:12:36,738 to try to help a girl whose life's not gonna be changed in the least? 925 01:12:36,822 --> 01:12:39,074 You know what Code Blue is? 926 01:12:39,157 --> 01:12:40,909 Code Blue... 927 01:12:42,119 --> 01:12:44,621 It's a common medical term. 928 01:12:54,089 --> 01:12:56,174 We're gonna lose. 929 01:12:58,385 --> 01:13:01,305 You think it's my fault? 930 01:13:01,388 --> 01:13:04,308 Well... there must be something you can do. 931 01:13:04,391 --> 01:13:06,893 That's not the point. 932 01:13:10,188 --> 01:13:12,691 It's over. 933 01:13:25,287 --> 01:13:27,831 Do you think it's my fault? 934 01:13:27,914 --> 01:13:30,709 That I could have... 935 01:13:30,792 --> 01:13:33,170 No. But... 936 01:13:35,255 --> 01:13:39,384 Oh, God. I never should have taken it. There was no way I could win. 937 01:13:41,386 --> 01:13:44,181 And it's over? 938 01:13:44,264 --> 01:13:46,391 Yeah, it's over. 939 01:13:46,475 --> 01:13:50,145 But I thought it wasn't over until the jury comes in. 940 01:13:50,979 --> 01:13:53,649 - Who'd you hear that from? - From you. 941 01:13:57,027 --> 01:13:59,488 You want me to tell you it's your fault. 942 01:13:59,571 --> 01:14:03,241 Ok, it probably is. But what are you gonna do about it? 943 01:14:09,039 --> 01:14:11,836 I wanted to talk to you. I thought maybe... 944 01:14:11,837 --> 01:14:14,086 You maybe could get some sympathy? 945 01:14:14,169 --> 01:14:16,672 You came to the wrong place. 946 01:14:18,048 --> 01:14:21,051 What makes you so tough? 947 01:14:23,387 --> 01:14:26,139 - Maybe I'll tell you later. - Is there gonna be a later? 948 01:14:26,223 --> 01:14:29,242 Not if you don't grow up. You're like a 949 01:14:29,243 --> 01:14:32,562 kid, coming in here like it's Sunday night. 950 01:14:32,646 --> 01:14:34,872 You want me to say you have a fever so 951 01:14:34,873 --> 01:14:36,984 you don't have to go back to school. 952 01:14:37,067 --> 01:14:39,100 Why won't you understand? 953 01:14:39,101 --> 01:14:42,489 I do understand, Frank. Believe me, I do. 954 01:14:42,572 --> 01:14:46,285 You say... you say you're gonna lose, "Is it my fault?" 955 01:14:46,368 --> 01:14:49,621 The damn case starts tomorrow, and already it's over for you. 956 01:14:49,705 --> 01:14:52,207 - It is over. - You wanna be a failure? 957 01:14:52,291 --> 01:14:54,376 Then do it some place else. I can't 958 01:14:54,377 --> 01:14:56,461 invest in failure, Frank, any more. 959 01:14:57,921 --> 01:15:00,424 I can't. 960 01:15:03,635 --> 01:15:06,388 Excuse me. 961 01:15:14,605 --> 01:15:16,315 Frank? 962 01:15:18,442 --> 01:15:19,443 Frank. 963 01:15:20,319 --> 01:15:24,114 Please don't... please... 964 01:15:24,865 --> 01:15:27,159 please... 965 01:15:28,535 --> 01:15:30,621 please don't pressure me. 966 01:15:30,704 --> 01:15:32,998 Please don't. 967 01:16:21,296 --> 01:16:26,218 I'm gonna do the best that I can for you and your sister. 968 01:16:26,301 --> 01:16:30,681 I know how much it means to you, and it means that much to me, too. 969 01:16:58,667 --> 01:17:01,169 - How ya holding up? - Good. 970 01:17:03,422 --> 01:17:06,033 All we have is the witch doctor, huh? 971 01:17:06,034 --> 01:17:07,056 Yeah. 972 01:17:07,057 --> 01:17:09,303 Well, look at it this way, Frankie. 973 01:17:10,345 --> 01:17:12,885 It's refreshing every time a doctor 974 01:17:12,886 --> 01:17:15,142 takes the stand he's not a Jew. 975 01:17:17,311 --> 01:17:19,021 All rise. 976 01:17:36,079 --> 01:17:38,118 Hear ye, hear ye. All persons having 977 01:17:38,119 --> 01:17:40,542 anything to do before the Superior Court... 978 01:17:40,626 --> 01:17:43,159 now sitting at Boston, draw near, give 979 01:17:43,160 --> 01:17:45,756 your attendance and you shall be heard. 980 01:17:45,839 --> 01:17:49,801 God save the Commonwealth of Massachusetts. Be seated. 981 01:17:52,262 --> 01:17:55,349 Deborah Ann Kaye versus St Catherine Labouré Hospital... 982 01:17:55,432 --> 01:17:59,144 and Robert S Towler MD and Sheldon F Marx MD. 983 01:18:01,188 --> 01:18:03,732 Is the plaintiff ready? 984 01:18:05,400 --> 01:18:08,195 - We are, Your Honour. - Defence? 985 01:18:08,278 --> 01:18:10,461 Ready for the defence, Your Honour. 986 01:18:10,462 --> 01:18:11,462 Let's begin. 987 01:18:13,825 --> 01:18:16,078 Your Honour... 988 01:18:17,955 --> 01:18:20,874 ladies and gentlemen of the jury... 989 01:18:22,250 --> 01:18:25,170 it's a terrible thing to sit in judgement. 990 01:18:27,631 --> 01:18:30,342 So much rides on it. 991 01:18:30,425 --> 01:18:34,554 I know that you have thought "How can I be pure?" 992 01:18:36,139 --> 01:18:38,475 "How can... 993 01:18:39,101 --> 01:18:43,689 how can I be... impartial without being cold?" 994 01:18:43,772 --> 01:18:47,109 "How can I be... 995 01:18:48,694 --> 01:18:51,196 merciful, and still be just?" 996 01:18:51,822 --> 01:18:55,742 I know that some of you have said prayers today... 997 01:18:55,826 --> 01:18:59,955 to be helped... to judge correctly. 998 01:19:03,375 --> 01:19:07,838 We have the reputation of two men, two... 999 01:19:10,048 --> 01:19:12,759 well-respected doctors before us... 1000 01:19:13,343 --> 01:19:15,846 and a renowned hospital. 1001 01:19:16,471 --> 01:19:18,849 And with them we have... 1002 01:19:18,932 --> 01:19:21,560 my client, Deborah Ann Kaye... 1003 01:19:22,603 --> 01:19:25,022 who was deprived of sight... 1004 01:19:28,150 --> 01:19:31,111 of speech, of hearing... 1005 01:19:32,029 --> 01:19:34,406 of locomotion, of... 1006 01:19:34,489 --> 01:19:37,576 Well, in short, everything that constitutes her life. 1007 01:19:37,659 --> 01:19:42,497 We will prove that she was deprived through negligence... 1008 01:19:44,458 --> 01:19:48,503 through the negligence of these... respected men. 1009 01:19:50,589 --> 01:19:53,925 We will show, one... 1010 01:19:54,217 --> 01:19:57,095 Why did he go to see Maureen Rooney? 1011 01:19:57,179 --> 01:19:59,806 She's the only nurse who isn't testifying. 1012 01:19:59,890 --> 01:20:02,392 - And what did he find? - Nothing. 1013 01:20:03,268 --> 01:20:05,687 How good's your intelligence? 1014 01:20:05,771 --> 01:20:08,065 Very good. 1015 01:20:09,399 --> 01:20:12,903 So what is the rest of his case, aside from this Dr Thompson? 1016 01:20:12,986 --> 01:20:15,697 As far as we know, nothing. 1017 01:20:15,781 --> 01:20:18,010 Thank Mr Concannon for me. Please 1018 01:20:18,011 --> 01:20:20,577 tell him I'll see him in his office. 1019 01:20:24,206 --> 01:20:26,708 Good morning, Doctor. Dr Thompson... 1020 01:20:26,792 --> 01:20:30,587 just so the jury knows, you never treated Deborah Ann Kaye. 1021 01:20:30,671 --> 01:20:33,006 - Is that correct? - That is correct. 1022 01:20:33,090 --> 01:20:35,884 I was engaged to render an opinion. 1023 01:20:35,968 --> 01:20:39,638 "Engaged to render an opinion" for a price. That is correct? 1024 01:20:39,721 --> 01:20:43,225 - You are being paid to be here? - Just as you are, sir. 1025 01:20:46,103 --> 01:20:48,897 Are you board-certified in anaesthesiology? 1026 01:20:48,981 --> 01:20:52,317 No, I'm not. It's quite common in New York State to practise... 1027 01:20:52,401 --> 01:20:56,780 Yes, I'm quite sure it is, but, this is, Massachusetts. 1028 01:20:56,863 --> 01:20:59,866 Are you board-certified in internal medicine? 1029 01:20:59,950 --> 01:21:01,042 No. 1030 01:21:01,043 --> 01:21:03,787 - Neurology? - No. 1031 01:21:03,870 --> 01:21:05,706 Orthopaedics? 1032 01:21:05,789 --> 01:21:08,583 - I'm just an MD. - Ah... 1033 01:21:08,667 --> 01:21:11,837 Do you, know Dr Robert Towler? 1034 01:21:11,920 --> 01:21:14,131 - I know of him. - And how is that? 1035 01:21:14,715 --> 01:21:17,759 - Through his book. - What book is that? 1036 01:21:18,552 --> 01:21:21,513 Methodology and Practise... 1037 01:21:23,974 --> 01:21:27,227 in... in Anaesthesiology.. 1038 01:21:27,477 --> 01:21:31,023 Methodology and Practise in Anaesthesiology. 1039 01:21:31,106 --> 01:21:32,399 Yes. 1040 01:21:32,482 --> 01:21:36,278 - How old are you, Doctor? - I'm 74 years old. 1041 01:21:36,695 --> 01:21:38,363 Huh. 1042 01:21:38,447 --> 01:21:42,409 Do you still practise quite a lot of medicine? 1043 01:21:42,492 --> 01:21:45,287 I'm, on the staff of anaesthesiology... 1044 01:21:45,370 --> 01:21:47,456 Yes. Yes, I've heard that. 1045 01:21:47,539 --> 01:21:53,128 But you do... testify quite a bit against other physicians. 1046 01:21:53,211 --> 01:21:56,048 Isn't that correct? You are available for 1047 01:21:56,049 --> 01:21:58,884 that, so long as you're paid to be there. 1048 01:21:59,468 --> 01:22:01,970 Sir, yes. 1049 01:22:03,639 --> 01:22:08,185 When a thing is wrong, as in this case, I am available. 1050 01:22:09,686 --> 01:22:11,855 I'm 74 years old. 1051 01:22:11,939 --> 01:22:14,316 I'm not board-certified. 1052 01:22:14,399 --> 01:22:17,569 I've been practising medicine for 46 years, 1053 01:22:17,570 --> 01:22:20,739 and I know when an injustice has been done. 1054 01:22:21,073 --> 01:22:23,450 Do you, indeed? 1055 01:22:23,533 --> 01:22:26,328 I bet you do. That's fine. 1056 01:22:26,411 --> 01:22:28,872 Fine. 1057 01:22:28,956 --> 01:22:31,166 Let's save the court time. 1058 01:22:31,249 --> 01:22:34,628 We'll admit Dr Thompson as an "expert witness." 1059 01:22:36,713 --> 01:22:39,271 Mr Galvin, do you want to continue now? 1060 01:22:39,272 --> 01:22:41,510 Or we could resume this afternoon. 1061 01:22:42,552 --> 01:22:45,055 I'll continue, Your Honour. 1062 01:22:45,138 --> 01:22:47,432 Dr Thompson... 1063 01:22:48,225 --> 01:22:50,938 did you examine Deborah Ann Kaye at the 1064 01:22:50,939 --> 01:22:53,855 Northern Chronic Care Facility last night? 1065 01:22:53,939 --> 01:22:55,107 - I did. - Objection. 1066 01:22:55,190 --> 01:22:57,781 Sustained. The witness will confine his 1067 01:22:57,782 --> 01:23:00,696 testimony to review of the hospital records. 1068 01:23:01,280 --> 01:23:04,234 Dr Thompson, in your review of the 1069 01:23:04,235 --> 01:23:07,536 hospital records of May 12th 1976... 1070 01:23:07,619 --> 01:23:11,999 in your opinion, what happened to Deborah Ann Kaye? 1071 01:23:12,082 --> 01:23:14,876 Cardiac arrest. 1072 01:23:14,960 --> 01:23:17,462 During delivery her heart stopped. 1073 01:23:18,046 --> 01:23:21,425 When the heart stops, the brain is deprived of oxygen. 1074 01:23:21,508 --> 01:23:23,760 You get brain damage. 1075 01:23:23,844 --> 01:23:26,680 That's why she's in the state she's in today. 1076 01:23:26,763 --> 01:23:29,043 Dr Towler has testified that he restored 1077 01:23:29,044 --> 01:23:31,268 the heartbeat in three to four minutes. 1078 01:23:31,351 --> 01:23:34,605 In your opinion, is that an accurate estimate? 1079 01:23:34,980 --> 01:23:37,811 In my opinion, it took much longer, nine, 1080 01:23:37,812 --> 01:23:40,777 ten minutes. There's too much brain damage. 1081 01:23:40,861 --> 01:23:44,489 Are you saying failure to restore heartbeat within nine minutes... 1082 01:23:44,573 --> 01:23:47,367 in itself constitutes bad medical practise? 1083 01:23:47,451 --> 01:23:50,037 - Your Honour. - Yes, Mr Galvin? 1084 01:23:50,871 --> 01:23:54,625 If I may be permitted to question my own witness in my own way... 1085 01:23:54,708 --> 01:23:57,294 - I'd like to get to the point. - I am getting to... 1086 01:23:57,377 --> 01:24:01,048 I believe I have the right to ask the witness a direct question. 1087 01:24:01,673 --> 01:24:04,635 Now let's not waste these people's time. 1088 01:24:05,677 --> 01:24:07,929 Answer the question, Mr Witness, please. 1089 01:24:08,013 --> 01:24:10,882 Would a nine-minute lapse in restoring the 1090 01:24:10,883 --> 01:24:13,685 heartbeat in and of itself be negligence? 1091 01:24:15,145 --> 01:24:18,065 In that small context, I would have to say no. 1092 01:24:18,565 --> 01:24:21,985 Then you're saying there's no negligence, based on my question? 1093 01:24:22,069 --> 01:24:24,719 Given the limits of your question, yes. 1094 01:24:24,720 --> 01:24:26,865 The doctors were not negligent. 1095 01:24:29,159 --> 01:24:31,370 Thank you. 1096 01:24:31,453 --> 01:24:33,246 I'm not through questioning... 1097 01:24:33,330 --> 01:24:36,083 Your Honour, with all due respect... 1098 01:24:36,917 --> 01:24:40,337 if you're gonna try my case for me, I wish you wouldn't lose it. 1099 01:24:44,424 --> 01:24:47,886 Thank you. I think that's enough for this morning. 1100 01:24:48,345 --> 01:24:51,306 I'll see counsel in my chambers. 1101 01:24:51,390 --> 01:24:53,809 - Now, please. - All rise. 1102 01:24:54,851 --> 01:24:57,562 Court is adjourned until one o'clock. 1103 01:25:01,817 --> 01:25:04,047 I'm gonna write to the Board of Bar 1104 01:25:04,048 --> 01:25:06,154 Overseers about you today, fella. 1105 01:25:06,238 --> 01:25:08,574 You're on your way out. They should have 1106 01:25:08,575 --> 01:25:10,909 kicked you out in that Lillibridge case. 1107 01:25:10,993 --> 01:25:13,453 Now, this is it, today. 1108 01:25:14,496 --> 01:25:17,124 I'm an attorney... 1109 01:25:17,207 --> 01:25:20,836 on trial before the Bar, representing my client. 1110 01:25:20,919 --> 01:25:23,429 My client. When you open your mouth, 1111 01:25:23,430 --> 01:25:25,465 you're losing my case for me. 1112 01:25:25,549 --> 01:25:28,010 - Listen to me, fella... - No, you listen to me. 1113 01:25:28,093 --> 01:25:30,846 All I wanted out of this trial was a fair shake. 1114 01:25:30,929 --> 01:25:34,433 You push me into court five days early, I lose my star witness... 1115 01:25:34,516 --> 01:25:37,311 and I can't get a continuance. And I don't care. 1116 01:25:37,394 --> 01:25:39,754 I'm going up there, I'm gonna try it, and let 1117 01:25:39,755 --> 01:25:41,857 the jury decide. They told me about you. 1118 01:25:41,940 --> 01:25:44,943 Said you're a hard-ass, you're a defendant's judge. 1119 01:25:45,027 --> 01:25:48,405 Well, I don't care. I said to hell with it. To hell with it. 1120 01:25:48,614 --> 01:25:50,490 Look, Galvin, many years ago I... 1121 01:25:50,574 --> 01:25:53,827 Come on. Don't give me that shit about you being a lawyer too. 1122 01:25:53,910 --> 01:25:56,705 I know about you. You couldn't hack it as a lawyer. 1123 01:25:56,788 --> 01:26:00,167 You were a bagman for the boys downtown, and you still are. 1124 01:26:00,250 --> 01:26:03,211 - Are you done? - You're damn right I'm done. 1125 01:26:03,295 --> 01:26:05,659 I'm gonna ask for a mistrial. I'll request 1126 01:26:05,660 --> 01:26:08,133 that you disqualify yourself from this case. 1127 01:26:08,216 --> 01:26:10,109 I'll take a transcript of the trial 1128 01:26:10,110 --> 01:26:11,845 to the Judicial Conduct Board... 1129 01:26:11,928 --> 01:26:13,765 and ask them to impeach your ass. 1130 01:26:13,766 --> 01:26:15,807 You aren't gonna get a mistrial, boy. 1131 01:26:15,891 --> 01:26:19,478 We're going back, and we're gonna try this case to the end. 1132 01:26:19,686 --> 01:26:21,431 Get out of here before I call the 1133 01:26:21,432 --> 01:26:23,440 bailiff and have you thrown in jail. 1134 01:26:40,207 --> 01:26:42,501 What does it mean? 1135 01:26:42,584 --> 01:26:45,629 I mean, you... have other tactics? 1136 01:26:45,712 --> 01:26:48,308 Oh, yeah. They present their case, then I 1137 01:26:48,309 --> 01:26:50,842 get a chance, and we just cross-examine. 1138 01:26:50,926 --> 01:26:53,443 Are we gonna win? I mean... I mean, 1139 01:26:53,444 --> 01:26:55,681 you have other tactics, though? 1140 01:26:55,764 --> 01:26:57,224 Yeah. 1141 01:27:02,062 --> 01:27:04,564 Thank you, Dr Towler. 1142 01:27:04,648 --> 01:27:07,109 No further questions, Your Honour. 1143 01:27:07,192 --> 01:27:08,986 - Dr Towler? - Yes. 1144 01:27:09,069 --> 01:27:11,446 - Let's work backwards. - Yes. 1145 01:27:12,906 --> 01:27:16,243 You have a record of what happened in the operating room. 1146 01:27:16,326 --> 01:27:21,039 You made notations every 30 seconds of the procedures. 1147 01:27:21,123 --> 01:27:23,905 These notations stop four and a half minutes 1148 01:27:23,906 --> 01:27:26,378 after Deborah Ann Kaye's heart stopped. 1149 01:27:26,461 --> 01:27:28,994 Four and a half minutes after her heart 1150 01:27:28,995 --> 01:27:31,717 stopped. They resumed three minutes later. 1151 01:27:31,800 --> 01:27:34,499 We had more on our minds than taking notes. 1152 01:27:34,500 --> 01:27:37,014 We were trying to restore her heartbeat. 1153 01:27:37,097 --> 01:27:39,127 What happened in those three minutes? 1154 01:27:39,128 --> 01:27:40,142 We were trying... 1155 01:27:40,225 --> 01:27:42,603 - What happened? - Objection, Your Honour. 1156 01:27:42,686 --> 01:27:45,731 Why did it take so long to restore her heartbeat? 1157 01:27:45,814 --> 01:27:48,609 Almost nine minutes to restore her heartbeat... 1158 01:27:48,692 --> 01:27:51,903 which caused massive irreversible brain damage. 1159 01:27:51,987 --> 01:27:54,698 You're not allowing the witness to answer. 1160 01:27:54,781 --> 01:27:58,035 Thank you, Your Honour. I would like to answer. 1161 01:27:59,286 --> 01:28:01,705 Brain damage could have... 1162 01:28:02,748 --> 01:28:06,835 It didn't necessarily take nine or eight minutes. 1163 01:28:06,918 --> 01:28:09,338 It could have been caused in two. 1164 01:28:09,421 --> 01:28:11,840 Wait a minute. 1165 01:28:12,466 --> 01:28:16,470 You're saying that her brain damage could have been caused... 1166 01:28:16,553 --> 01:28:19,097 by being deprived of oxygen for two minutes? 1167 01:28:19,181 --> 01:28:20,390 Yes. 1168 01:28:21,683 --> 01:28:24,061 Why is that? 1169 01:28:25,729 --> 01:28:28,899 It's right there on her medical chart. 1170 01:28:28,982 --> 01:28:33,278 She was anaemic. Less blood, less oxygen. 1171 01:28:33,362 --> 01:28:36,823 The brain was getting less oxygen anyway. 1172 01:28:48,669 --> 01:28:51,046 I didn't do too well for you. 1173 01:28:52,089 --> 01:28:54,257 You did fine. 1174 01:28:54,341 --> 01:28:56,927 No, I'm afraid that's not true. 1175 01:28:57,970 --> 01:29:00,305 Will you want me to stay on till Monday? 1176 01:29:00,389 --> 01:29:03,350 No, thank you. You can go on home. 1177 01:29:05,978 --> 01:29:11,149 You know, Mr Galvin, sometimes people can surprise you. 1178 01:29:11,233 --> 01:29:14,987 Sometimes they have a great capacity to hear the truth. 1179 01:29:16,029 --> 01:29:18,323 Yeah. Yes. 1180 01:29:23,161 --> 01:29:25,904 Sure you don't want me to stay on? 1181 01:29:25,905 --> 01:29:27,165 No. Thank you. 1182 01:29:28,208 --> 01:29:30,711 You can go on home. 1183 01:29:38,468 --> 01:29:41,013 I'll see you back at the office, huh? 1184 01:29:52,065 --> 01:29:54,484 - What happened? - It's bad. 1185 01:29:56,987 --> 01:29:59,615 What are you going to do now? 1186 01:30:01,074 --> 01:30:03,660 I don't have a goddamn idea. 1187 01:30:11,627 --> 01:30:14,356 What do you do if you don't have a witness? 1188 01:30:14,357 --> 01:30:15,839 You use their witness. 1189 01:30:15,922 --> 01:30:16,930 That's right. 1190 01:30:16,931 --> 01:30:19,885 Well, I think we've tried that, Francis. 1191 01:30:20,552 --> 01:30:23,013 The case is over. 1192 01:30:23,639 --> 01:30:26,975 You know, you broke the first rule I taught you in law school: 1193 01:30:27,059 --> 01:30:30,437 You never ask a question unless you have the answer to it. 1194 01:30:30,520 --> 01:30:34,483 Even your own expert witness said there was no negligence. 1195 01:30:35,525 --> 01:30:38,320 It's over, period. 1196 01:30:38,403 --> 01:30:40,156 There'll be other cases. 1197 01:30:40,157 --> 01:30:43,325 There are no other cases. This is the case. 1198 01:30:43,408 --> 01:30:46,495 There are no other cases. This is the case. 1199 01:30:49,623 --> 01:30:52,626 There are no other cases. This is the case. 1200 01:30:54,086 --> 01:30:56,964 No other cases, this is the case. 1201 01:31:00,092 --> 01:31:02,552 I know how you feel. 1202 01:31:04,429 --> 01:31:07,724 You don't believe me, but I... do know. 1203 01:31:10,018 --> 01:31:13,689 I'm gonna tell you something that I learned when I was your age. 1204 01:31:13,772 --> 01:31:20,320 I had prepared a case, and old man White said to me "How did you do?" 1205 01:31:20,404 --> 01:31:23,991 And I said "I did my best." 1206 01:31:25,200 --> 01:31:27,494 And he said... 1207 01:31:28,954 --> 01:31:33,041 "You're not paid to do your best. You're paid to win." 1208 01:31:34,084 --> 01:31:37,004 And that's what pays for this office... 1209 01:31:38,046 --> 01:31:42,676 pays for the pro Bono work that we do for the poor... 1210 01:31:45,304 --> 01:31:50,601 pays for the... type of law that you want to practise. 1211 01:31:55,022 --> 01:31:57,482 It pays for my whiskey. 1212 01:32:00,402 --> 01:32:04,156 It pays for... your clothes. 1213 01:32:05,866 --> 01:32:08,535 It pays for the leisure we have to sit back... 1214 01:32:08,619 --> 01:32:12,831 and discuss... philosophy, as we're doing tonight. 1215 01:32:12,914 --> 01:32:15,459 We're paid to win the case. 1216 01:32:19,671 --> 01:32:22,445 You've finished your marriage. You... 1217 01:32:22,446 --> 01:32:25,510 wanted to come back and practise the law. 1218 01:32:32,476 --> 01:32:35,020 You wanted to come back to the world. 1219 01:32:41,151 --> 01:32:43,445 Welcome back. 1220 01:32:49,034 --> 01:32:51,787 Why isn't Maureen Rooney testifying? 1221 01:32:53,038 --> 01:32:55,374 Hey. You with me? You awake? 1222 01:32:55,457 --> 01:32:58,293 - Yeah, I'm awake. - She's protecting somebody. 1223 01:32:58,377 --> 01:33:00,921 Who is she protecting? 1224 01:33:01,964 --> 01:33:03,340 Doctors? 1225 01:33:03,423 --> 01:33:07,135 If she's protecting the doctors, she'd be on the witness stand. 1226 01:33:07,219 --> 01:33:09,721 Read me what she said. 1227 01:33:16,561 --> 01:33:20,983 "You guys are a bunch of whores. Loyalty. Don't care who you hurt." 1228 01:33:21,066 --> 01:33:23,694 - "You guys got no loyalty." - One of the nurses? 1229 01:33:23,777 --> 01:33:28,365 Who? Everybody who was in the operating room is testifying. 1230 01:33:28,448 --> 01:33:31,576 All right. Who wasn't in the operating room? 1231 01:33:37,165 --> 01:33:39,501 The admitting nurse? 1232 01:33:40,544 --> 01:33:43,547 - What does she do? - She took down the history. 1233 01:33:45,340 --> 01:33:48,468 And she signed it here. "KC." Kaitlin Costello. 1234 01:33:48,552 --> 01:33:50,387 - The history? - Yeah. 1235 01:33:50,470 --> 01:33:54,016 "How old are you? How many children do you have?" 1236 01:34:13,118 --> 01:34:15,915 "How old are you? How many children 1237 01:34:15,916 --> 01:34:18,790 do you have? When did you last eat?" 1238 01:35:13,262 --> 01:35:14,972 Oh, Miss Rooney. 1239 01:35:16,640 --> 01:35:18,767 I understand what you're doing, and I 1240 01:35:18,768 --> 01:35:20,894 just wanted you to know that it's ok. 1241 01:35:20,978 --> 01:35:24,481 - What are you talking about? - Well, about Kaitlin Costello. 1242 01:35:24,564 --> 01:35:27,317 I mean, I don't blame you for shielding her. 1243 01:35:27,401 --> 01:35:31,363 - I spoke to her today. - What are you talking about? 1244 01:35:32,155 --> 01:35:34,149 I talked to her this morning, and... 1245 01:35:34,150 --> 01:35:35,325 I know. She told me. 1246 01:35:35,409 --> 01:35:37,744 - She told you? - I just saw her. 1247 01:35:37,828 --> 01:35:40,539 In New York? You saw Kat in New York? 1248 01:35:42,040 --> 01:35:44,668 Or is she in town? Is she in town? 1249 01:35:45,002 --> 01:35:47,671 Thank you. I'm sorry. 1250 01:35:47,754 --> 01:35:50,173 All right. Thank you. 1251 01:35:50,257 --> 01:35:53,594 Don't we have anything from the New York Nurse Association? 1252 01:35:53,677 --> 01:35:57,514 - That broad has disappeared. - From the hospital? 1253 01:35:57,598 --> 01:36:00,642 Well, there's no records since she quit in '76. 1254 01:36:00,726 --> 01:36:03,645 She quit two weeks after the incident. 1255 01:36:03,729 --> 01:36:05,689 - Thank you. - I have to talk to you. 1256 01:36:05,772 --> 01:36:06,940 I can't talk now. 1257 01:36:07,024 --> 01:36:08,773 Call the AMA. Tell 'em you're Dr 1258 01:36:08,774 --> 01:36:11,069 Somebody and you need to find a nurse... 1259 01:36:11,153 --> 01:36:13,196 get some forms, somebody's dying. 1260 01:36:13,280 --> 01:36:16,357 Mrs Costello? I'm sorry to bother you this 1261 01:36:16,358 --> 01:36:19,578 late, but this is Mr Goldberg in Accounting. 1262 01:36:19,661 --> 01:36:22,581 We have some money here for you. 1263 01:36:23,957 --> 01:36:26,877 Is this the Mrs Costello, the registered nurse? 1264 01:36:26,960 --> 01:36:30,631 I see. Well, I'm sorry. Our records must be mixed up. 1265 01:36:32,299 --> 01:36:35,093 Are you related to Kaitlin Costello? 1266 01:36:35,177 --> 01:36:37,017 You aren't. All right, thank you. 1267 01:36:37,018 --> 01:36:38,805 This is Dr Dorchester in Boston. 1268 01:36:38,889 --> 01:36:42,726 Listen, a nurse left my employment about four years ago. 1269 01:36:42,809 --> 01:36:45,729 A Kaitlin Costello. 1270 01:36:46,772 --> 01:36:48,607 That's correct. 1271 01:36:48,690 --> 01:36:50,756 This is Mr Dorchester in Records. I'm 1272 01:36:50,757 --> 01:36:52,986 trying to track down a Kaitlin Costello. 1273 01:36:53,070 --> 01:36:55,398 Laura? Laura, you got a cigarette? 1274 01:36:55,399 --> 01:36:56,657 Kaitlin Costello. 1275 01:36:56,740 --> 01:36:58,951 Yeah. That's right. 1276 01:36:59,034 --> 01:37:01,415 Well, she left about four years ago, 1277 01:37:01,416 --> 01:37:03,538 and we're looking for her chart. 1278 01:37:03,622 --> 01:37:06,541 Kaitlin. Kaitlin Costello. 1279 01:37:07,668 --> 01:37:10,504 Laura, don't forget the cigarettes, huh? 1280 01:37:34,778 --> 01:37:37,447 Hello. This is Ross Williams calling. 1281 01:37:37,531 --> 01:37:39,992 Yes. I'm calling from California. 1282 01:37:40,075 --> 01:37:41,867 I'm sorry. I know it's very late 1283 01:37:41,868 --> 01:37:43,996 back East, but this is an emergency. 1284 01:37:44,079 --> 01:37:46,868 I'd like to speak to Kaitlin Costello, please. 1285 01:37:46,869 --> 01:37:48,917 There's nobody here by that name. 1286 01:37:49,001 --> 01:37:50,627 I see. 1287 01:37:51,670 --> 01:37:54,631 Well, our records must have been mixed up, I guess. 1288 01:37:54,715 --> 01:37:57,843 Is this the family of Kaitlin Costello? 1289 01:37:57,844 --> 01:37:59,928 You know what time it is? 1290 01:40:11,643 --> 01:40:14,187 - Hello? - Hello. 1291 01:40:14,271 --> 01:40:18,567 I'm calling from, from The Professional Nurse Quarterly. 1292 01:40:18,650 --> 01:40:19,882 From the magazine? 1293 01:40:19,883 --> 01:40:22,654 Yes. This is Mr Wallace in Subscriptions. 1294 01:40:22,738 --> 01:40:26,199 Is this... Miss Costello? 1295 01:40:26,283 --> 01:40:28,785 - Yes... Price. - Pardon? 1296 01:40:28,869 --> 01:40:30,412 Kaitlin Price. 1297 01:40:30,495 --> 01:40:33,248 Yes. We find that your subscription has lapsed. 1298 01:40:33,332 --> 01:40:34,804 It lapsed three years ago. 1299 01:40:34,805 --> 01:40:36,960 That's why we're calling, Miss Price. 1300 01:40:37,044 --> 01:40:38,795 Mrs. 1301 01:40:38,879 --> 01:40:42,382 We have a "renew your subscription" offer. 1302 01:40:42,466 --> 01:40:44,468 We get the magazine at work. 1303 01:40:44,551 --> 01:40:46,584 Yes, I know. It's in our files. Let me 1304 01:40:46,585 --> 01:40:48,722 see, that's the Manhattan Health Centre. 1305 01:40:48,805 --> 01:40:52,184 No. At Chelsea Childcare, ok? 1306 01:40:52,267 --> 01:40:55,812 Look, call me Monday, hey? I'm late for work. 1307 01:40:57,981 --> 01:41:02,194 Eastern Airlines 9am air-shuttle for La Guardia... 1308 01:41:02,277 --> 01:41:05,197 now ready for boarding at gate 10. 1309 01:41:24,258 --> 01:41:27,261 Hello? Frank? Frank, where are you? 1310 01:41:28,929 --> 01:41:31,306 You're going to New York? 1311 01:41:32,140 --> 01:41:34,935 Listen, I have to be in New York about some business. 1312 01:41:35,018 --> 01:41:37,312 I have some papers to sign about my divorce. 1313 01:41:37,396 --> 01:41:40,232 - Could we meet there? - Laura, you got a cigarette? 1314 01:41:40,315 --> 01:41:42,859 Could we meet in New York, Frank? 1315 01:41:43,485 --> 01:41:45,070 Yeah. 1316 01:41:45,153 --> 01:41:49,324 Yeah. The Russell Hotel. On 38th Street, isn't it? Yeah. 1317 01:41:50,200 --> 01:41:52,995 Ok. At around four? 1318 01:41:56,957 --> 01:41:59,459 I feel the same way, Frank. 1319 01:42:01,753 --> 01:42:04,256 Yeah, I know. 1320 01:42:05,966 --> 01:42:08,510 Ok. I'll see you this afternoon. 1321 01:42:10,178 --> 01:42:12,264 Bye-bye. 1322 01:42:17,311 --> 01:42:19,605 Laura, I'm... 1323 01:42:19,688 --> 01:42:22,608 I'm gonna go out and get some cigarettes. 1324 01:42:25,277 --> 01:42:27,738 Ok, ok, ok. One basketball. 1325 01:42:28,363 --> 01:42:30,782 One football, one more basketball... 1326 01:42:30,866 --> 01:42:34,453 and Duanie gets a little ball. 1327 01:42:34,536 --> 01:42:37,289 What did you do with your hand? Come here. 1328 01:42:37,372 --> 01:42:40,000 What did you do to your hand? What did you do? 1329 01:42:40,083 --> 01:42:42,961 Hi. Let's see this. 1330 01:42:43,045 --> 01:42:46,256 I've been meaning to stop in here for a long time. 1331 01:42:46,340 --> 01:42:51,011 - You live in the neighbourhood? - My nephew's coming to visit. 1332 01:42:51,094 --> 01:42:53,597 - How old is he? - He's four. 1333 01:42:58,518 --> 01:43:00,604 Let's see what we've got here. 1334 01:43:00,687 --> 01:43:03,982 - Let's see this. - No. Don't take it off. 1335 01:43:04,066 --> 01:43:06,443 You're great with these kids. 1336 01:43:07,277 --> 01:43:09,529 Thank you. 1337 01:43:09,613 --> 01:43:12,115 No, I mean, you really are. 1338 01:43:15,243 --> 01:43:19,206 Oh, you're the... you're the one they said was a nurse. 1339 01:43:21,041 --> 01:43:24,711 - Who told you that? - I don't know. Mrs... 1340 01:43:25,045 --> 01:43:27,547 - Mrs Simmons? - Yeah. 1341 01:43:29,007 --> 01:43:31,468 I used to be a nurse. 1342 01:43:32,094 --> 01:43:35,931 Well, it's a wonderful profession. My daughter-in-law's a... 1343 01:43:36,014 --> 01:43:38,600 What'd you do? Did you stop? 1344 01:43:39,017 --> 01:43:40,894 Yes. 1345 01:43:41,144 --> 01:43:43,647 Why'd you do that? 1346 01:43:59,955 --> 01:44:02,541 Will you help me? 1347 01:44:15,345 --> 01:44:18,682 What's the matter? Are you lost or something? 1348 01:44:18,765 --> 01:44:21,268 Frankie, we gotta talk. 1349 01:44:22,060 --> 01:44:26,023 Come on. There's a bar around the corner. We'll get a cup of coffee. 1350 01:45:30,712 --> 01:45:33,215 Did you see that? 1351 01:45:34,049 --> 01:45:36,760 You all right, Miss? 1352 01:45:36,843 --> 01:45:39,263 - Are you ok? - Yeah. 1353 01:45:40,097 --> 01:45:42,182 I'm all right. 1354 01:45:48,897 --> 01:45:51,441 - Leave him alone. - Are you ok? 1355 01:45:53,527 --> 01:45:56,029 I'm all right. Thank you. 1356 01:46:17,634 --> 01:46:21,638 I talked to... Johnny White at the Bar Association. 1357 01:46:24,391 --> 01:46:28,520 She used to work for one of Concannon's partners in New York. 1358 01:46:28,604 --> 01:46:31,106 She wanted to come to Boston. 1359 01:46:32,816 --> 01:46:35,652 How bad did she hurt us? 1360 01:46:35,736 --> 01:46:38,030 I don't know. 1361 01:46:41,533 --> 01:46:43,910 We got a mistrial, you know. 1362 01:46:47,039 --> 01:46:49,541 Did you hear what I said, Frank? 1363 01:46:50,500 --> 01:46:53,003 I don't want a mistrial. 1364 01:47:19,196 --> 01:47:22,074 - Hello? - Is Frank there? 1365 01:47:22,157 --> 01:47:25,702 - No. He's not here now. - When are you expecting him? 1366 01:47:25,786 --> 01:47:28,288 I don't know when. 1367 01:47:43,637 --> 01:47:45,722 Doctor Towler. 1368 01:47:45,806 --> 01:47:50,644 Page 406. "Contraindications of General Anaesthetic." 1369 01:47:50,727 --> 01:47:52,765 "A patient should refrain from taking 1370 01:47:52,766 --> 01:47:54,481 nourishment up to nine hours... 1371 01:47:54,564 --> 01:47:58,235 prior to induction of general anaesthetic." Sound familiar? 1372 01:47:58,318 --> 01:48:01,113 Yes. I wrote it. 1373 01:48:03,031 --> 01:48:06,493 Methodology and Practise in Anaesthesiology. 1374 01:48:06,576 --> 01:48:09,288 A general textbook on the subject, is that correct? 1375 01:48:09,371 --> 01:48:11,331 I... 1376 01:48:11,415 --> 01:48:13,500 Yes, it is. 1377 01:48:13,917 --> 01:48:16,086 - And you wrote it? - Yes. 1378 01:48:17,713 --> 01:48:20,507 Page... 414. 1379 01:48:21,216 --> 01:48:23,151 "If the patient has taken nourishment 1380 01:48:23,152 --> 01:48:25,137 within one hour prior to inducement... 1381 01:48:25,220 --> 01:48:27,586 general anaesthetic should be avoided 1382 01:48:27,587 --> 01:48:29,391 because of the grave risk... 1383 01:48:29,474 --> 01:48:33,895 the patient will aspirate food particles into his mask." 1384 01:48:33,979 --> 01:48:36,205 Is that what happened to Deborah Ann Kaye? 1385 01:48:36,206 --> 01:48:38,483 She aspirated food particles into her mask? 1386 01:48:38,567 --> 01:48:41,528 She threw up in her mask, yes. 1387 01:48:41,612 --> 01:48:45,699 But she hadn't eaten one hour before admission. 1388 01:48:45,782 --> 01:48:52,539 If she had eaten an hour before being admitted to the hospital... 1389 01:48:52,623 --> 01:48:55,186 then the inducement of a general 1390 01:48:55,187 --> 01:48:58,629 anaesthetic would have been... negligent? 1391 01:48:59,212 --> 01:49:01,300 Negligent? Yes, it would have been 1392 01:49:01,301 --> 01:49:03,634 criminal. But such was not the case. 1393 01:49:06,762 --> 01:49:09,389 Thank you. 1394 01:49:09,464 --> 01:49:10,464 Mr Concannon? 1395 01:49:10,465 --> 01:49:12,976 No further questions, Your Honour. 1396 01:49:14,186 --> 01:49:16,188 Thank you, Dr Towler. 1397 01:49:16,271 --> 01:49:18,357 Mr Galvin, rebuttal? 1398 01:49:21,026 --> 01:49:26,323 Kaitlin Costello Price. 1399 01:49:52,975 --> 01:49:55,143 State your name, please. 1400 01:49:55,227 --> 01:49:57,229 Kaitlin Costello Price. 1401 01:49:57,312 --> 01:49:59,305 Do you swear the evidence you give will 1402 01:49:59,306 --> 01:50:01,149 be the whole truth, so help you God? 1403 01:50:01,233 --> 01:50:03,735 - I do. - Be seated. 1404 01:50:06,947 --> 01:50:09,658 - Kaitlin Price. - Yes. 1405 01:50:10,742 --> 01:50:13,685 You were the admitting nurse at, St 1406 01:50:13,686 --> 01:50:16,873 Catherine Labouré on May 12th, 1976... 1407 01:50:16,957 --> 01:50:20,294 the night that they admitted Deborah Ann Kaye? 1408 01:50:20,377 --> 01:50:21,377 Yes. 1409 01:50:21,420 --> 01:50:24,631 Did you sign this... admission form? 1410 01:50:29,219 --> 01:50:32,139 - Yes. - Those are your initials, "KC?" 1411 01:50:32,222 --> 01:50:34,474 Kaitlin Costello. 1412 01:50:35,517 --> 01:50:38,520 That's my maiden name. 1413 01:50:40,314 --> 01:50:44,276 Did you ask the patient, when did she last eat? 1414 01:50:46,194 --> 01:50:48,405 Yes. 1415 01:50:48,488 --> 01:50:50,574 What did she say? 1416 01:50:56,788 --> 01:50:59,291 She said she'd had a full meal... 1417 01:51:00,751 --> 01:51:03,295 one hour before coming to the hospital. 1418 01:51:05,255 --> 01:51:07,758 - One hour? - Yes. 1419 01:51:12,220 --> 01:51:16,808 And did you put the numeral "one" on this admission sheet? 1420 01:51:16,892 --> 01:51:19,144 I mean, standing for "one hour?" 1421 01:51:19,227 --> 01:51:21,521 I did. 1422 01:51:21,605 --> 01:51:24,107 A single hour? 1423 01:51:26,401 --> 01:51:27,861 Yes. 1424 01:51:34,326 --> 01:51:36,745 Thank you. 1425 01:51:36,828 --> 01:51:39,331 Your witness. 1426 01:51:45,545 --> 01:51:47,839 Anything? 1427 01:52:12,447 --> 01:52:15,742 You're aware of the penalties for perjury? 1428 01:52:16,785 --> 01:52:20,038 - It's a crime. - It is a crime. A serious crime. 1429 01:52:20,289 --> 01:52:22,791 - I wouldn't do it. - You would not? 1430 01:52:22,874 --> 01:52:24,334 No. 1431 01:52:24,418 --> 01:52:27,754 You've taken an oath that you would not commit perjury. 1432 01:52:27,838 --> 01:52:30,027 You've just sworn to that, isn't that right? 1433 01:52:30,028 --> 01:52:31,057 Yes. 1434 01:52:31,058 --> 01:52:33,260 - Just now. - Yes. 1435 01:52:34,094 --> 01:52:38,724 You have sworn before God that you would tell the truth. 1436 01:52:40,767 --> 01:52:41,767 Yes. 1437 01:52:41,768 --> 01:52:45,606 Now... I want to ask you something. 1438 01:52:47,107 --> 01:52:49,943 Four years ago, when you were working as a nurse... 1439 01:52:50,027 --> 01:52:53,780 are you aware that these doctors, Marx and Towler... 1440 01:52:53,864 --> 01:52:58,201 based their treatment of Deborah Ann Kaye on this admitting form... 1441 01:52:58,285 --> 01:53:00,704 which you signed? 1442 01:53:02,789 --> 01:53:03,789 I... 1443 01:53:03,790 --> 01:53:07,878 Wasn't that an oath? These are your initials, "KC." 1444 01:53:07,961 --> 01:53:10,422 When you signed this form, you took an oath... 1445 01:53:10,505 --> 01:53:14,551 no less important than that which you've taken today. 1446 01:53:14,635 --> 01:53:17,137 Isn't that right? 1447 01:53:19,181 --> 01:53:21,808 - Isn't that right? - Yes. 1448 01:53:23,101 --> 01:53:25,479 Then which is correct? 1449 01:53:25,562 --> 01:53:27,836 You've sworn today that the patient 1450 01:53:27,837 --> 01:53:29,858 ate one hour before admittance. 1451 01:53:29,942 --> 01:53:34,446 Four years ago you swore that she ate nine hours before admittance. 1452 01:53:35,489 --> 01:53:37,991 All right, which is the lie? 1453 01:53:38,639 --> 01:53:39,639 I... 1454 01:53:39,640 --> 01:53:41,703 These men could have settled out of court. 1455 01:53:41,787 --> 01:53:44,456 They wanted a trial to clear their names. 1456 01:53:44,539 --> 01:53:47,059 And you would come here, and on a slip of 1457 01:53:47,060 --> 01:53:49,878 memory four years ago, you'd ruin their lives. 1458 01:53:49,962 --> 01:53:53,674 - They lied. - They lied? They lied. 1459 01:53:53,757 --> 01:53:56,385 When did they lie? 1460 01:53:56,468 --> 01:53:58,720 - Do you know what a lie is? - I do, yes. 1461 01:53:58,804 --> 01:54:01,974 You swore on this form that the patient ate nine hours... 1462 01:54:02,057 --> 01:54:03,421 That's not what I wrote. 1463 01:54:03,422 --> 01:54:05,519 You just told me that you signed it. 1464 01:54:05,602 --> 01:54:08,855 I... Yes, I... yes, I signed it, yes. 1465 01:54:10,315 --> 01:54:12,818 But I didn't write a nine. 1466 01:54:14,403 --> 01:54:16,905 I wrote a one. 1467 01:54:18,532 --> 01:54:21,952 You didn't write a nine, you... wrote a one. 1468 01:54:22,744 --> 01:54:26,373 And how is it that you remember so clearly after four years? 1469 01:54:28,625 --> 01:54:31,378 Because I kept a copy. 1470 01:54:31,837 --> 01:54:34,423 - I have it right here. - Objection. 1471 01:54:35,048 --> 01:54:38,427 We can't accept a copy when the court already has the original. 1472 01:54:38,510 --> 01:54:41,221 I'll rule on that presently. 1473 01:54:42,973 --> 01:54:45,267 Please, proceed. 1474 01:54:49,813 --> 01:54:52,533 What in the world induced you to make 1475 01:54:52,534 --> 01:54:55,110 a photocopy of an obscure record... 1476 01:54:55,193 --> 01:54:57,613 and hold it for four years? 1477 01:54:59,948 --> 01:55:02,284 Your Honour, this... 1478 01:55:08,290 --> 01:55:10,626 Why would you do that? 1479 01:55:15,380 --> 01:55:19,343 - I thought I might need it. - And why would you think that? 1480 01:55:27,434 --> 01:55:29,728 After... 1481 01:55:30,854 --> 01:55:33,148 after the operation... 1482 01:55:34,608 --> 01:55:38,904 when that poor girl, she went into a coma, Dr Towler called me in. 1483 01:55:41,031 --> 01:55:43,283 He told me... 1484 01:55:44,326 --> 01:55:48,205 that he'd had five difficult deliveries in a row... 1485 01:55:49,539 --> 01:55:51,959 and he was tired. 1486 01:55:54,294 --> 01:55:57,422 And he never looked at the admittance form. 1487 01:55:59,925 --> 01:56:02,636 And he told me to change the form. 1488 01:56:05,097 --> 01:56:07,724 He told me to change the one... 1489 01:56:08,350 --> 01:56:10,769 to a nine. 1490 01:56:12,020 --> 01:56:15,425 Or else... or else, he said... He said he'd 1491 01:56:15,426 --> 01:56:18,443 fire me. He said I'd never work again. 1492 01:56:18,527 --> 01:56:20,654 Who were these men? 1493 01:56:20,737 --> 01:56:23,865 Who were these men? I wanted to be a nurse. 1494 01:56:33,041 --> 01:56:35,627 No further questions, Your Honour. 1495 01:56:37,045 --> 01:56:39,548 You may step down. 1496 01:56:50,642 --> 01:56:52,728 Mr Galvin? 1497 01:56:55,022 --> 01:56:57,482 Nothing further, Your Honour. 1498 01:56:57,566 --> 01:56:59,860 Mr Concannon? 1499 01:57:02,237 --> 01:57:03,655 Mr Concannon. 1500 01:57:06,825 --> 01:57:08,716 Thank you, Your Honour. We object to 1501 01:57:08,717 --> 01:57:10,454 the copy of the admitting form... 1502 01:57:10,537 --> 01:57:16,251 and we cite McGee versus the State of Indiana, United States 131.2. 1503 01:57:16,668 --> 01:57:18,701 "The admission of a duplicate document 1504 01:57:18,702 --> 01:57:20,839 in preference to an existing original... 1505 01:57:20,923 --> 01:57:23,529 must presuppose the possibility of 1506 01:57:23,530 --> 01:57:26,595 alteration and so must be disallowed." 1507 01:57:27,804 --> 01:57:32,476 And, Your Honour, having given the plaintiff the leeway... 1508 01:57:32,559 --> 01:57:35,687 we would like your ruling on this issue now. 1509 01:57:36,188 --> 01:57:39,566 We object to the admission of a Xerox photocopy. 1510 01:57:42,569 --> 01:57:45,072 One moment, Mr Concannon. 1511 01:57:49,743 --> 01:57:52,079 Yes. The document is disallowed. 1512 01:57:52,162 --> 01:57:53,872 - Objection. - Overruled. 1513 01:57:53,956 --> 01:57:55,958 - Exception. - Noted. Thank you. 1514 01:57:58,043 --> 01:58:00,420 Legally, he's right. 1515 01:58:01,421 --> 01:58:04,455 The jury will not consider the testimony 1516 01:58:04,456 --> 01:58:07,636 of Miss Costello regarding the Xerox form. 1517 01:58:07,719 --> 01:58:09,930 It is unsubstantiated. 1518 01:58:10,597 --> 01:58:14,601 We cannot accept a copy in preference to the original. 1519 01:58:15,060 --> 01:58:17,229 Thank you, Your Honour. Furthermore, 1520 01:58:17,230 --> 01:58:19,398 Miss Costello is a rebuttal witness. 1521 01:58:19,481 --> 01:58:21,778 As the court knows, no prior notice was 1522 01:58:21,779 --> 01:58:23,902 given of Miss Costello's appearance. 1523 01:58:23,986 --> 01:58:26,064 And as a surprise witness, she may 1524 01:58:26,065 --> 01:58:28,448 serve only to rebut direct testimony. 1525 01:58:29,199 --> 01:58:31,721 As her only evidentiary rebuttal is the 1526 01:58:31,722 --> 01:58:34,496 admitting form which has been disallowed... 1527 01:58:34,579 --> 01:58:37,874 I request that her entire testimony be disallowed... 1528 01:58:38,375 --> 01:58:41,220 and that the jury be advised to totally 1529 01:58:41,221 --> 01:58:43,922 disregard her entire appearance here. 1530 01:58:44,965 --> 01:58:47,634 - Yes, I'm going to uphold that. - Objection. 1531 01:58:48,051 --> 01:58:50,596 - Overruled. - Exception. 1532 01:58:50,762 --> 01:58:53,265 Noted. Thank you. 1533 01:58:54,016 --> 01:58:56,405 The jury will be advised not to consider 1534 01:58:56,406 --> 01:58:58,270 the testimony of Miss Costello. 1535 01:58:58,645 --> 01:59:01,481 Miss Costello was a rebuttal witness. 1536 01:59:01,565 --> 01:59:03,782 The sole rebuttal was the document, 1537 01:59:03,783 --> 01:59:05,444 which has been disallowed. 1538 01:59:06,278 --> 01:59:10,574 Her entire testimony must be stricken from the record. 1539 01:59:10,657 --> 01:59:13,493 You shouldn't have heard it. That was my mistake. 1540 01:59:13,577 --> 01:59:16,830 You must strike it from your minds. Give it no weight. 1541 01:59:21,585 --> 01:59:23,962 Legally, it's over. 1542 01:59:25,005 --> 01:59:27,341 Concannon was brilliant. 1543 01:59:27,966 --> 01:59:30,510 Tell me about Kaitlin Costello. 1544 01:59:30,594 --> 01:59:34,181 There's nothing to tell. It's been stricken from the record. 1545 01:59:34,556 --> 01:59:37,267 I know. But did you believe her? 1546 01:59:53,033 --> 01:59:55,118 Mr Galvin? 1547 01:59:59,081 --> 02:00:01,792 Mr Galvin? Summation? 1548 02:00:21,687 --> 02:00:23,814 Well... 1549 02:00:24,648 --> 02:00:27,859 You know, so much of the time, we're just lost. 1550 02:00:30,362 --> 02:00:32,739 We say "Please, God... 1551 02:00:33,365 --> 02:00:36,493 tell us what is right, tell us what is true." 1552 02:00:39,538 --> 02:00:42,040 I mean, there is no justice. 1553 02:00:43,750 --> 02:00:46,461 The rich win, the poor are powerless. 1554 02:00:52,050 --> 02:00:56,930 We become... tired of hearing people lie. 1555 02:00:59,766 --> 02:01:02,477 And after a time we become dead. 1556 02:01:05,188 --> 02:01:08,108 A little dead. We think of ourselves... 1557 02:01:10,485 --> 02:01:12,821 as victims. 1558 02:01:13,864 --> 02:01:16,366 And we become victims. 1559 02:01:19,077 --> 02:01:21,413 We become... 1560 02:01:23,915 --> 02:01:26,251 we become weak. 1561 02:01:28,337 --> 02:01:31,298 We doubt ourselves, we doubt our beliefs. 1562 02:01:33,592 --> 02:01:36,094 We doubt our institutions. 1563 02:01:39,348 --> 02:01:41,892 And we doubt the law. 1564 02:01:41,975 --> 02:01:44,478 But today you are the law. 1565 02:01:48,398 --> 02:01:50,901 You are the law. 1566 02:01:55,155 --> 02:01:58,158 Not some book, not the lawyers. 1567 02:02:01,578 --> 02:02:04,081 Not a marble statue... 1568 02:02:05,540 --> 02:02:08,043 or the trappings of the court. 1569 02:02:10,671 --> 02:02:13,131 See, those are just symbols... 1570 02:02:13,966 --> 02:02:16,260 of our desire... 1571 02:02:17,511 --> 02:02:19,805 to be just. 1572 02:02:23,350 --> 02:02:25,894 They are... 1573 02:02:25,978 --> 02:02:28,522 they are, in fact, a prayer. 1574 02:02:30,399 --> 02:02:33,318 I mean, a fervent and a frightened prayer. 1575 02:02:38,699 --> 02:02:41,118 In my religion... 1576 02:02:42,369 --> 02:02:45,080 they say "Act as if ye had faith... 1577 02:02:47,416 --> 02:02:50,002 and faith will be given to you." 1578 02:02:53,005 --> 02:02:55,299 If... 1579 02:02:58,927 --> 02:03:02,055 if we are to have faith in justice... 1580 02:03:04,766 --> 02:03:07,894 we need only to believe in ourselves... 1581 02:03:09,855 --> 02:03:12,399 and act with justice. 1582 02:03:14,484 --> 02:03:17,613 See, I believe there is justice in our hearts. 1583 02:04:06,787 --> 02:04:09,790 Have you reached a verdict? 1584 02:04:09,873 --> 02:04:11,917 We have, Your Honour. 1585 02:04:12,000 --> 02:04:14,475 Your Honour, we've agreed to hold for 1586 02:04:14,476 --> 02:04:16,755 the plaintiff, Deborah Ann Kaye... 1587 02:04:16,838 --> 02:04:22,094 and against St Catherine Labouré, and Doctors Towler and Marx. 1588 02:04:22,678 --> 02:04:26,265 But, Your Honour, are we limited on the size of the award? 1589 02:04:26,348 --> 02:04:27,891 What I mean, sir... 1590 02:04:27,975 --> 02:04:30,933 Are we permitted to award an amount greater 1591 02:04:30,934 --> 02:04:33,689 than the amount the plaintiff asked for? 1592 02:04:37,401 --> 02:04:39,695 You are. 1593 02:04:40,112 --> 02:04:42,713 You're not bound by anything other than 1594 02:04:42,714 --> 02:04:45,575 your good judgement, based on the evidence. 1595 02:04:46,201 --> 02:04:48,060 Please retire, and when you've 1596 02:04:48,061 --> 02:04:50,414 agreed on the amount of the award... 1597 02:04:54,543 --> 02:04:57,045 You did it, Frank. 1598 02:05:00,132 --> 02:05:02,634 Way to go, Frank.121227

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