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Previously on"The Practice..."
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I got a lewd and
lascivious scheduled
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00:00:04,404 --> 00:00:05,539
for trial this morning,
but Judge Hiller,
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she's ordered me
to get co-counsel.
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Why?
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Something about how
I've never won a trial.
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Bobby, it's bad for us
to even be associated
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with Harland Bassett.
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-He's a nice guy.
-Yeah, and the world's
worst attorney.
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I do not want to be
in court with that man.
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If I have you guys
on board as co-counsel,
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00:00:19,753 --> 00:00:21,788
I know I could chip
the settlement up.
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Every time I sign up with you,
I end up getting embarrassed.
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That's not going
to happen this time.
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What's this case
and what's our involvement?
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Product liability
against a drug company
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that injured a little girl.
Harland --
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This guy ponies you up
every time.
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I told him I'd join him
for a settlement conference.
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That's all it will be.
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-Gentlemen, come right in.
-That's John Rapherson.
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You know him?
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The man is one
of the top three
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civil litigators in Boston.
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Our client has directed us
not to settle.
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We just beat the EPA
for over $30 million
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00:00:50,116 --> 00:00:52,318
on injuries that weren't
even as bad.
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They beat the EPA,
Mr. Bassett.
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Now while I salute
your last-minute ingenuity
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00:00:56,623 --> 00:00:59,159
in signing them up
for shock value,
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we know who opposing counsel
really is.
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Eugene, this is Christine
and Annie Mullin, our clients.
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-Hello.
-That drug did this to her?
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Every bit of it.
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Six months ago
she was completely healthy.
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Annie,
you up for a fight?
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Yes.
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You tough enough to take on
the drug company?
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I'll be as tough
as I need to be.
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The big hurdle
is causation --
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Proving the drug caused
Annie's liver failure.
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And do we have to prove it
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beyond a reasonable doubt?
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No, that's
a criminal standard.
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The burden here is
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the preponderance
of the evidence.
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Where is Harland?
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He should be right in.
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Mr. And Mrs. Mullin,
we don't think we'll win.
50
00:01:46,507 --> 00:01:49,810
Our goal here --
If we can do well enough
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00:01:49,843 --> 00:01:52,478
that we might win, then we
should be able to settle
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because Hayden Laboratories
can't risk losing.
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Does that make sense?
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Yeah, I think so.
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Let me check on Harland.
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Harland,
the Mullins are waiting.
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Oh, could you take
the meeting, Eugene?
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Take the meeting?
It's a pretrial.
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They want to talk to you.
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I'm just...
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What's wrong?
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I'm having a little anxiety.
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It's nothing. Had it before.
It goes away.
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What goes away?
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What exactly
are you feeling?
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00:02:28,949 --> 00:02:32,185
My breathing
gets a little hard.
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I just need
a few minutes.
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So...
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Should I tell them
to wait?
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No.
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I'm okay.
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Harland?
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Okay.
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Okay.
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I can't get air.
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Harland!
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♪ (theme)
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I want to do one more test,
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but from everything I can see,
it was just an anxiety attack.
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00:03:56,469 --> 00:03:58,371
-Your heart looks fine.
-Thank God.
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00:03:58,404 --> 00:04:00,741
We can keep you overnight,
or you can leave, if you want.
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00:04:00,774 --> 00:04:02,643
No, I got to leave.
I'm in trial in six hours.
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Harland, I think
we can get a continuance.
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00:04:04,945 --> 00:04:06,647
I wouldn't be so sure,
Eugene.
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This judge said
the last one was final.
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00:04:09,983 --> 00:04:12,786
But this is medical. You had
a near heart attack, so --
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00:04:12,819 --> 00:04:14,487
That's the problem.
Could I have a second?
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00:04:14,521 --> 00:04:16,422
Absolutely.
I'll check back.
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00:04:19,560 --> 00:04:22,663
The last continuance I got,
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I, uh...
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I sort of faked
a heart attack.
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00:04:27,100 --> 00:04:30,403
What do you mean you
sort of faked a heart attack?
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00:04:30,436 --> 00:04:32,072
He wasn't going to give me
any more time,
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00:04:32,105 --> 00:04:34,675
so I grabbed my chest
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00:04:34,708 --> 00:04:36,777
and I said
I had to go to my doctor.
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He says,
"If this happens again,
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00:04:38,912 --> 00:04:41,347
"Then somebody else is
going to have to try it
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00:04:41,381 --> 00:04:43,550
'cause the case is
going forward no matter what."
99
00:04:43,584 --> 00:04:45,085
You're the only one
who can try this case.
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00:04:45,118 --> 00:04:46,820
We don't know it well enough.
101
00:04:46,853 --> 00:04:48,989
Which is why I ought to be
checking out tonight.
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00:04:49,022 --> 00:04:50,557
Hand me my pants, would you?
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00:04:55,862 --> 00:04:57,698
So you're going forward?
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He says he's ready.
Exhibits?
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00:05:00,601 --> 00:05:02,569
They've been delivered
to the courthouse.
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00:05:02,603 --> 00:05:04,470
Do you guys
have any chance?
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00:05:04,505 --> 00:05:06,439
That isn't encouragement,
Ellenor.
108
00:05:06,472 --> 00:05:07,841
The first chance you get
to settle --
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00:05:07,874 --> 00:05:10,476
Don't worry.
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Are we ready?
111
00:05:12,045 --> 00:05:13,413
We're ready.
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00:05:13,446 --> 00:05:14,915
All right.
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00:05:22,989 --> 00:05:26,426
Annie Mullin came to me
with a sinus infection.
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00:05:26,459 --> 00:05:29,062
I first treated it
with another antibiotic.
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00:05:29,095 --> 00:05:32,733
When that didn't work,
I prescribed Reflexin.
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00:05:32,766 --> 00:05:36,570
Reflexin -- This is
also an antibiotic?
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00:05:36,603 --> 00:05:39,105
-That's correct.
-And what happened?
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00:05:39,139 --> 00:05:41,842
After taking the drug,
she almost immediately
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00:05:41,875 --> 00:05:43,844
went into
acute liver failure,
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00:05:43,877 --> 00:05:46,547
ultimately resulting
in two transplants.
121
00:05:46,580 --> 00:05:48,014
In your medical opinion,
ma'am,
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00:05:48,048 --> 00:05:50,851
did Reflexin cause
this liver failure?
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00:05:50,884 --> 00:05:53,486
I cannot state it
to a medical certainty,
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00:05:53,520 --> 00:05:56,757
but I can think of no cause
other than the Reflexin.
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00:05:56,790 --> 00:05:58,592
Objection.
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00:05:58,625 --> 00:06:00,493
Doctor, did you know
that Reflexin was dangerous?
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00:06:00,527 --> 00:06:01,962
Objection -- No foundation.
128
00:06:01,995 --> 00:06:04,130
Sustained.
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00:06:04,164 --> 00:06:06,800
What were your expectations
regarding the safety
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00:06:06,833 --> 00:06:08,869
of this antibiotic, doctor?
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00:06:08,902 --> 00:06:12,072
I was aware that it hadn't
been tested on children,
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00:06:12,105 --> 00:06:14,440
but neither are about
80% of the drugs
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00:06:14,474 --> 00:06:15,976
on the market today.
134
00:06:16,009 --> 00:06:18,444
Obviously, I didn't consider it
to be dangerous.
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00:06:18,478 --> 00:06:20,547
If I did, I wouldn't have
prescribed it.
136
00:06:20,581 --> 00:06:22,716
But this is an adult drug.
137
00:06:22,749 --> 00:06:24,985
Yes, but we have to prescribe
adult drugs to children
138
00:06:25,018 --> 00:06:26,553
because
the pharmaceutical companies
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00:06:26,587 --> 00:06:28,655
test so few of them on kids.
140
00:06:28,689 --> 00:06:30,524
And to your knowledge,
do many pediatricians
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00:06:30,557 --> 00:06:32,926
prescribe adult drugs
to children?
142
00:06:32,959 --> 00:06:35,095
We all do routinely.
143
00:06:35,128 --> 00:06:37,197
All right, doctor,
would you tell the court
144
00:06:37,230 --> 00:06:39,465
how you first learned
about Reflexin?
145
00:06:39,499 --> 00:06:42,002
The same way I hear
about all new drugs.
146
00:06:42,035 --> 00:06:43,904
The company
sends out a rep --
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00:06:43,937 --> 00:06:46,172
He's called a detail person --
To promote the product.
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00:06:46,206 --> 00:06:48,208
Did this detail person
say anything
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00:06:48,241 --> 00:06:50,476
about the safety of Reflexin?
150
00:06:50,511 --> 00:06:52,946
He represented it to me
as very safe.
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00:06:52,979 --> 00:06:55,081
Did he warn you
about giving it to kids?
152
00:06:55,115 --> 00:06:57,483
No, he did not.
153
00:06:57,518 --> 00:06:59,653
Doctor, you were sued
by the Mullins,
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00:06:59,686 --> 00:07:01,955
and you settled out of court,
did you not?
155
00:07:01,988 --> 00:07:04,658
On the advice of my lawyer,
I settled the claim, yes.
156
00:07:04,691 --> 00:07:06,860
Now as part of that
settlement agreement,
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00:07:06,893 --> 00:07:09,229
you agreed to assist
the plaintiff
158
00:07:09,262 --> 00:07:11,497
in pursuing her claims
against other parties.
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00:07:11,532 --> 00:07:13,700
Yes, but I only agreed
to tell the truth,
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00:07:13,734 --> 00:07:15,669
which is
what I've done here.
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00:07:15,702 --> 00:07:17,604
The, uh...
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00:07:17,638 --> 00:07:19,239
The literature
that you received
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00:07:19,272 --> 00:07:22,676
from my client's
detail person
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00:07:22,709 --> 00:07:24,110
included all
labeling information,
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00:07:24,144 --> 00:07:25,712
-did it not, doctor?
-Yes.
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00:07:25,746 --> 00:07:27,714
And I show you a copy
of that information
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00:07:27,748 --> 00:07:29,716
now marked and identified
as exhibit "A."
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00:07:29,750 --> 00:07:32,853
Could you read
the highlighted section?
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00:07:32,886 --> 00:07:34,855
"Not proven safe
and effective
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00:07:34,888 --> 00:07:37,591
"For children
under 16 years of age."
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00:07:37,624 --> 00:07:41,261
And yet you prescribed it
to a 13-year-old girl?
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00:07:41,294 --> 00:07:44,798
It's done all the time.
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00:07:44,831 --> 00:07:47,601
Thank you, doctor.
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Mr. Bassett, redirect?
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00:07:51,037 --> 00:07:54,074
Can you think
of anything else?
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00:07:54,107 --> 00:07:56,276
No. You got
what you can from her,
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00:07:56,309 --> 00:07:58,912
and you don't want
to give Rapherson
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00:07:58,945 --> 00:08:00,814
another whack at cross.
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00:08:00,847 --> 00:08:02,115
Right.
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00:08:08,955 --> 00:08:11,925
Harland...
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00:08:11,958 --> 00:08:15,261
Tell the judge
you have nothing further.
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00:08:15,295 --> 00:08:19,499
Uh, nothing further
from this witness, your honor.
183
00:08:21,234 --> 00:08:23,203
Looking at the biopsy
on her liver,
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00:08:23,236 --> 00:08:25,672
I concluded to a reasonable
degree of medical certainty
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00:08:25,706 --> 00:08:29,643
that drug toxicity was
the cause for the failure.
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00:08:29,676 --> 00:08:32,779
Do you know which drug
caused this toxicity?
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00:08:32,813 --> 00:08:34,648
It had to be the Reflexin.
188
00:08:34,681 --> 00:08:36,016
Two weeks after she took it,
189
00:08:36,049 --> 00:08:38,552
she needed
an emergency transplant.
190
00:08:38,585 --> 00:08:40,654
She had no medical history
that made her susceptible,
191
00:08:40,687 --> 00:08:42,756
and I found no other factors
that would have contributed
192
00:08:42,789 --> 00:08:44,157
to the failure.
193
00:08:44,190 --> 00:08:46,292
Okay, Doctor.
194
00:08:46,326 --> 00:08:47,928
Can you tell us
195
00:08:47,961 --> 00:08:51,031
why the Reflexin would have
caused her liver to fail?
196
00:08:51,064 --> 00:08:53,199
All drugs are metabolized
through either the liver
197
00:08:53,233 --> 00:08:55,636
or the kidneys,
and sometimes the drug
198
00:08:55,669 --> 00:08:57,904
can simply
overwhelm the liver.
199
00:08:57,938 --> 00:09:00,641
Can it attack children
in particular?
200
00:09:00,674 --> 00:09:02,042
Children are
especially vulnerable.
201
00:09:02,075 --> 00:09:04,678
They have immature livers,
202
00:09:04,711 --> 00:09:06,312
and for a number of reasons,
203
00:09:06,346 --> 00:09:08,682
they cannot be treated simply
as small adults.
204
00:09:08,715 --> 00:09:11,317
That's why this drug should
have been tested on children.
205
00:09:11,351 --> 00:09:14,187
Was it?
No.
206
00:09:14,220 --> 00:09:16,957
Are you aware
of any research or data
207
00:09:16,990 --> 00:09:19,860
that suggests Reflexin
causes liver failure?
208
00:09:19,893 --> 00:09:22,228
Hayden's own data indicated
abnormal levels
209
00:09:22,262 --> 00:09:25,098
of liver activity.
That's from their own study.
210
00:09:25,131 --> 00:09:27,367
Now in this data
that you referred to,
211
00:09:27,400 --> 00:09:29,202
what percent
of the participants
212
00:09:29,235 --> 00:09:31,004
had an elevated
liver function?
213
00:09:31,037 --> 00:09:32,639
I believe it was 2%.
214
00:09:32,673 --> 00:09:33,940
2%.
215
00:09:33,974 --> 00:09:35,909
Are there other drugs
on the market that cause
216
00:09:35,942 --> 00:09:38,679
similar levels
of elevated liver activity?
217
00:09:38,712 --> 00:09:39,746
Yes.
218
00:09:39,780 --> 00:09:42,315
-A few? Many?
-Many.
219
00:09:42,348 --> 00:09:44,050
Do you know
how many people would die
220
00:09:44,084 --> 00:09:45,118
if we took them
off the market?
221
00:09:45,151 --> 00:09:46,753
Objection -- Speculative.
222
00:09:46,787 --> 00:09:48,021
Sustained.
223
00:09:48,054 --> 00:09:49,756
Doctor,
you spoke about children
224
00:09:49,790 --> 00:09:52,859
being especially vulnerable.
225
00:09:52,893 --> 00:09:54,661
Isn't it true
that children's livers
226
00:09:54,695 --> 00:09:58,064
are typically more resilient
than adults?
227
00:09:58,098 --> 00:10:00,667
Typically, yes,
but not always.
228
00:10:00,701 --> 00:10:02,268
Thank you, doctor.
229
00:10:06,006 --> 00:10:08,208
It was a good start --
Solid.
230
00:10:08,241 --> 00:10:09,976
It was?
231
00:10:10,010 --> 00:10:12,245
It seemed like the doctors
admitted they weren't sure.
232
00:10:12,278 --> 00:10:13,880
Well, we knew they'd have to.
233
00:10:13,914 --> 00:10:15,248
That's what we talked about
last night --
234
00:10:15,281 --> 00:10:17,417
Proof is tough,
235
00:10:17,450 --> 00:10:19,720
but Harland did a good job.
236
00:10:19,753 --> 00:10:22,322
Why is he breathing
into that bag?
237
00:10:22,355 --> 00:10:24,157
It works.
I do it all the time.
238
00:10:24,190 --> 00:10:26,426
You get more oxygen
that way.
239
00:10:26,459 --> 00:10:29,996
So what's next?
240
00:10:30,030 --> 00:10:31,965
Annie's next.
241
00:10:31,998 --> 00:10:34,000
You ready, Annie?
242
00:10:34,034 --> 00:10:35,702
Yes.
243
00:10:35,736 --> 00:10:37,103
Now, you going to have
to be brave up there.
244
00:10:37,137 --> 00:10:39,372
I'm ready.
245
00:10:39,405 --> 00:10:42,008
You're going to do great.
246
00:10:57,490 --> 00:10:58,959
While she's testifying,
247
00:10:58,992 --> 00:11:01,027
I do not want you
to move.
248
00:11:01,061 --> 00:11:02,162
Not at all?
249
00:11:02,195 --> 00:11:03,764
Not at all.
250
00:11:03,797 --> 00:11:05,231
She's our case, Harland.
251
00:11:05,265 --> 00:11:07,000
Now if they're going
to budge on settling,
252
00:11:07,033 --> 00:11:09,135
Annie's testimony
will have to do it.
253
00:11:09,169 --> 00:11:11,071
We need every juror's eyes
on her.
254
00:11:11,104 --> 00:11:12,873
Okay.
255
00:11:12,906 --> 00:11:16,142
We're almost there,
aren't we?
256
00:11:16,176 --> 00:11:18,244
We haven't even finished
putting in our case.
257
00:11:18,278 --> 00:11:21,815
After that,
they put on a defense.
258
00:11:21,848 --> 00:11:24,284
Right.
259
00:11:24,317 --> 00:11:26,119
Let's go.
260
00:11:26,152 --> 00:11:28,188
I threw up a lot,
261
00:11:28,221 --> 00:11:30,390
but I thought it was
the stomach flu,
262
00:11:30,423 --> 00:11:32,826
then I was
on the bus to school
263
00:11:32,859 --> 00:11:34,194
and I passed out.
264
00:11:34,227 --> 00:11:36,129
What happened?
265
00:11:36,162 --> 00:11:37,831
They said my liver
stopped working
266
00:11:37,864 --> 00:11:39,099
and I needed another one.
267
00:11:39,132 --> 00:11:40,266
And then?
268
00:11:40,300 --> 00:11:42,936
Then I got really sick
for a few weeks.
269
00:11:42,969 --> 00:11:45,906
My eyes and skin
turned yellow
270
00:11:45,939 --> 00:11:47,473
and I lost
all this weight,
271
00:11:47,508 --> 00:11:49,442
but then they found
a new liver.
272
00:11:49,475 --> 00:11:51,845
So you got a transplant?
273
00:11:51,878 --> 00:11:53,146
Yeah...
274
00:11:53,179 --> 00:11:55,148
But it didn't work.
275
00:11:55,181 --> 00:11:57,083
Tell us how it didn't work.
276
00:11:57,117 --> 00:12:00,987
My body started to reject
the replacement liver.
277
00:12:01,021 --> 00:12:04,457
I got really sick.
278
00:12:04,490 --> 00:12:06,827
It took a long time
to find another one.
279
00:12:06,860 --> 00:12:08,929
Longer than the first one?
280
00:12:08,962 --> 00:12:12,065
Yes. I wasn't
as high on the list anymore
281
00:12:12,098 --> 00:12:13,366
because they thought...
282
00:12:13,399 --> 00:12:16,436
That my body would reject
the next liver, too.
283
00:12:16,469 --> 00:12:18,972
Is everything
going to be okay now?
284
00:12:19,005 --> 00:12:21,407
I don't know.
285
00:12:21,441 --> 00:12:24,778
My body's still having
some problems.
286
00:12:24,811 --> 00:12:26,813
They had me on these
anti-rejection pills
287
00:12:26,847 --> 00:12:29,382
that I have to take every day
for the rest of my life,
288
00:12:29,415 --> 00:12:31,885
and that make me more likely
289
00:12:31,918 --> 00:12:35,321
to get stuff like infections
and cancer.
290
00:12:35,355 --> 00:12:39,059
Annie, what if you need
a third transplant?
291
00:12:39,092 --> 00:12:42,328
I probably
wouldn't get it.
292
00:12:42,362 --> 00:12:44,798
I'm too far
down the list.
293
00:12:44,831 --> 00:12:47,133
Thank you, Annie.
294
00:12:57,243 --> 00:13:00,446
I'm very sorry
about your illness, Annie.
295
00:13:00,480 --> 00:13:02,849
I know that everybody
in this room
296
00:13:02,883 --> 00:13:05,385
wishes you
a complete recovery.
297
00:13:05,418 --> 00:13:06,953
Thank you.
298
00:13:06,987 --> 00:13:09,489
I'm going to just ask you
a few questions.
299
00:13:09,523 --> 00:13:11,892
If at any time
you want to take a break,
300
00:13:11,925 --> 00:13:13,994
I'm sure we can do that.
Okay?
301
00:13:14,027 --> 00:13:16,262
Okay.
302
00:13:23,537 --> 00:13:25,839
When the doctors
were diagnosing you,
303
00:13:25,872 --> 00:13:28,909
did they ask whether you had
taken any other drugs
304
00:13:28,942 --> 00:13:31,211
or taken
too many pain relievers?
305
00:13:31,244 --> 00:13:34,180
I think so, yeah.
306
00:13:34,214 --> 00:13:36,482
Do you remember
what your answer was?
307
00:13:36,517 --> 00:13:38,118
I told them that I hadn't,
308
00:13:38,151 --> 00:13:40,186
except for
the other antibiotics.
309
00:13:40,220 --> 00:13:41,622
Okay.
310
00:13:41,655 --> 00:13:44,024
You know they were asking
about other possible reasons
311
00:13:44,057 --> 00:13:45,992
your liver failed.
312
00:13:46,026 --> 00:13:47,493
Yes.
313
00:13:47,528 --> 00:13:50,030
You also told them
314
00:13:50,063 --> 00:13:52,365
you hadn't drunk alcohol,
right?
315
00:13:52,398 --> 00:13:53,934
Yes.
316
00:13:53,967 --> 00:13:55,435
Now, Annie...
317
00:13:58,505 --> 00:14:01,141
Remember a sleepover
318
00:14:01,174 --> 00:14:02,609
at your friend
Robin Cohen's house
319
00:14:02,643 --> 00:14:05,546
a few weeks
before you fell ill?
320
00:14:05,579 --> 00:14:08,481
I think so.
321
00:14:08,515 --> 00:14:10,383
If we brought Robin here
322
00:14:10,416 --> 00:14:12,418
and asked whether you
and the other girls drank
323
00:14:12,452 --> 00:14:16,322
from her father's
liquor cabinet...
324
00:14:16,356 --> 00:14:18,258
What would she say?
325
00:14:20,093 --> 00:14:23,363
I hardly had anything.
326
00:14:23,396 --> 00:14:25,065
So you had some.
327
00:14:27,200 --> 00:14:29,002
Yes.
328
00:14:29,035 --> 00:14:31,171
You didn't tell that
to the doctors,
329
00:14:31,204 --> 00:14:32,305
though, did you?
330
00:14:32,338 --> 00:14:34,641
No.
331
00:14:34,675 --> 00:14:37,911
Are there any other things
you didn't tell the doctors?
332
00:14:37,944 --> 00:14:39,513
No.
333
00:14:41,347 --> 00:14:43,249
Okay.
334
00:14:47,453 --> 00:14:49,623
Prior
to your taking Reflexin,
335
00:14:49,656 --> 00:14:51,625
you'd taken
other antibiotics, right?
336
00:14:51,658 --> 00:14:53,326
Yes.
337
00:14:53,359 --> 00:14:55,529
And you'd had a flu
a few weeks before this?
338
00:14:55,562 --> 00:14:57,263
Yes.
339
00:14:57,297 --> 00:14:59,099
Did you take
any cough medicine?
340
00:14:59,132 --> 00:15:00,934
-Yes.
-Pain relievers?
341
00:15:00,967 --> 00:15:02,603
Yes.
342
00:15:02,636 --> 00:15:04,037
Okay, Annie,
343
00:15:04,070 --> 00:15:06,206
that's actually all I have.
344
00:15:06,239 --> 00:15:08,308
And again,
let me extend my wishes
345
00:15:08,341 --> 00:15:11,545
that you have a complete
and healthy recovery.
346
00:15:11,578 --> 00:15:13,914
Thank you.
347
00:15:21,755 --> 00:15:25,626
Annie, how much alcohol
have you had in your life?
348
00:15:25,659 --> 00:15:29,462
I've had, like,
two sips of vodka.
349
00:15:29,495 --> 00:15:31,331
That's it.
350
00:15:31,364 --> 00:15:32,699
I hated it.
351
00:15:32,733 --> 00:15:35,969
And did you tell
the truth to the doctors
352
00:15:36,002 --> 00:15:37,971
for all the other questions
they asked you?
353
00:15:38,004 --> 00:15:39,472
Yes.
354
00:15:39,506 --> 00:15:41,608
Thank you, Annie.
355
00:15:46,012 --> 00:15:48,549
Eugene's going to dinner
with the defense lawyer.
356
00:15:48,582 --> 00:15:50,283
They've now seen our case.
357
00:15:50,316 --> 00:15:52,185
If we're going
to get an offer,
358
00:15:52,218 --> 00:15:53,453
this would be the time.
359
00:15:53,486 --> 00:15:55,522
It's a good sign
that he's willing
360
00:15:55,556 --> 00:15:56,657
to have dinner, right?
361
00:15:56,690 --> 00:15:58,424
We hope.
362
00:15:58,458 --> 00:16:00,293
I'm sorry.
363
00:16:00,326 --> 00:16:02,996
Sorry?
364
00:16:03,029 --> 00:16:05,265
Why, sweetheart?
365
00:16:05,298 --> 00:16:07,467
For not telling you
about that sleepover
366
00:16:07,500 --> 00:16:09,503
and the alcohol.
367
00:16:09,536 --> 00:16:11,572
Hey,
you did great up there.
368
00:16:11,605 --> 00:16:13,574
That was just a cheap trick.
369
00:16:13,607 --> 00:16:15,475
It'll backfire. You watch.
370
00:16:21,815 --> 00:16:24,518
The doctor said it, John.
371
00:16:24,551 --> 00:16:26,687
Toxicity to the liver
caused the failure.
372
00:16:26,720 --> 00:16:28,622
He ruled out everything
but Reflexin.
373
00:16:28,655 --> 00:16:31,091
I thought
I crossed him okay.
374
00:16:31,124 --> 00:16:33,727
But the bottom line is
it's in the record,
375
00:16:33,760 --> 00:16:37,363
plus we have a very
sympathetic little girl.
376
00:16:37,397 --> 00:16:40,233
You're preaching
to the choir.
377
00:16:40,266 --> 00:16:42,569
I've been trying
to convince Hayden
378
00:16:42,603 --> 00:16:43,737
to offer something.
379
00:16:43,770 --> 00:16:44,771
Trust me, I don't like
380
00:16:44,805 --> 00:16:46,139
going up
against little girls.
381
00:16:46,172 --> 00:16:47,674
So what gives?
382
00:16:47,708 --> 00:16:49,375
I think they're angry.
383
00:16:49,409 --> 00:16:51,612
Your client?
384
00:16:51,645 --> 00:16:54,480
The pediatrician dropped
the ball here, Eugene.
385
00:16:54,515 --> 00:16:56,783
I'm not saying doctors
don't prescribe off label.
386
00:16:56,817 --> 00:16:58,585
I know they do,
387
00:16:58,619 --> 00:17:01,522
but she should have
at least monitored the girl.
388
00:17:01,555 --> 00:17:03,790
Now, for her to settle out
with a promise
389
00:17:03,824 --> 00:17:06,326
to testify
against the drug company --
390
00:17:06,359 --> 00:17:08,562
She's not the first doctor
to do that.
391
00:17:08,595 --> 00:17:11,064
Exactly, which is why
they're so angry.
392
00:17:11,097 --> 00:17:13,466
Give me something.
393
00:17:13,499 --> 00:17:15,401
Come on, admit it.
394
00:17:15,435 --> 00:17:18,371
Harland Bassett has done
better than you thought.
395
00:17:18,404 --> 00:17:21,575
If it were up to me...
396
00:17:21,608 --> 00:17:23,076
But it isn't.
397
00:17:39,660 --> 00:17:41,595
Okay.
398
00:17:41,628 --> 00:17:44,364
We just keep going.
399
00:17:44,397 --> 00:17:46,499
Their first witness
is the hepatologist.
400
00:17:46,533 --> 00:17:50,637
Dr. Peter Kendall.
401
00:17:50,671 --> 00:17:53,373
Reflexin is not
the most likely cause
402
00:17:53,406 --> 00:17:55,542
of Miss Mullin's
liver damage.
403
00:17:55,576 --> 00:17:57,778
Can you be sure
of that, Dr. Kendall?
404
00:17:57,811 --> 00:17:59,746
Viral infections are
the most common cause
405
00:17:59,780 --> 00:18:01,748
of liver failure in children.
406
00:18:01,782 --> 00:18:04,317
This girl was coming off
a stomach flu,
407
00:18:04,350 --> 00:18:05,886
and that's probably
the very infection
408
00:18:05,919 --> 00:18:07,453
that led
to her liver injury.
409
00:18:07,487 --> 00:18:10,524
Can you state this
to a medical certainty, doctor?
410
00:18:10,557 --> 00:18:12,693
Not a certainty.
You have to understand
411
00:18:12,726 --> 00:18:15,128
that the cause of most cases
of liver failure
412
00:18:15,161 --> 00:18:16,763
in children is unknown.
413
00:18:16,797 --> 00:18:18,665
So in a majority of cases,
414
00:18:18,699 --> 00:18:20,701
there's no cause found.
415
00:18:20,734 --> 00:18:21,902
That's correct, but here,
416
00:18:21,935 --> 00:18:23,837
we know she had
a viral infection,
417
00:18:23,870 --> 00:18:27,708
which we can isolate
as the most likely culprit.
418
00:18:27,741 --> 00:18:29,710
Doctor, isn't it true
that the vast majority
419
00:18:29,743 --> 00:18:32,713
of stomach flus
do not cause liver failure?
420
00:18:32,746 --> 00:18:34,615
Neither do most drugs.
421
00:18:34,648 --> 00:18:36,583
But the speed at which
Annie's liver failed
422
00:18:36,617 --> 00:18:39,620
is more consistent
with drug toxicity, isn't it?
423
00:18:39,653 --> 00:18:41,187
In general, yes.
424
00:18:41,221 --> 00:18:43,389
You can't rule out Reflexin
425
00:18:43,423 --> 00:18:45,926
as a cause
of Annie's injuries, can you?
426
00:18:45,959 --> 00:18:47,561
Well, the question is not --
427
00:18:47,594 --> 00:18:49,896
You can't rule it out,
can you?
428
00:18:49,930 --> 00:18:51,464
No.
429
00:18:51,497 --> 00:18:54,568
And, doctor, how many times
have you testified
430
00:18:54,601 --> 00:18:56,202
for drug companies?
431
00:18:56,236 --> 00:18:57,704
I can't be sure.
432
00:18:57,738 --> 00:18:59,239
-More than 50?
-Yes.
433
00:18:59,272 --> 00:19:00,574
More than 100?
434
00:19:00,607 --> 00:19:01,608
Probably.
435
00:19:01,642 --> 00:19:02,809
And in all these appearances,
436
00:19:02,843 --> 00:19:05,512
have you ever testified
for a plaintiff?
437
00:19:05,546 --> 00:19:07,147
No, I haven't.
438
00:19:10,483 --> 00:19:13,887
I'll take them
to the witness room.
439
00:19:18,625 --> 00:19:20,561
Am I crazy,
or is Harland --
440
00:19:20,594 --> 00:19:22,829
He was good just then.
441
00:19:22,863 --> 00:19:24,631
He was.
442
00:19:24,665 --> 00:19:25,699
Eugene,
we've put in our case,
443
00:19:25,732 --> 00:19:26,933
we just had
their first witness,
444
00:19:26,967 --> 00:19:28,602
and we're in this.
445
00:19:28,635 --> 00:19:30,571
Nobody's laughing in there.
446
00:19:30,604 --> 00:19:33,206
Yeah, but now come
their big guns.
447
00:19:33,239 --> 00:19:34,307
I know...
448
00:19:34,340 --> 00:19:36,743
But nobody's laughing.
449
00:19:43,249 --> 00:19:46,286
For a drug to be approved
in the United States,
450
00:19:46,319 --> 00:19:48,254
it needs to go through
an incredible testing process.
451
00:19:48,288 --> 00:19:50,223
When you say "Incredible" --
452
00:19:50,256 --> 00:19:53,426
I mean hundreds
of millions of dollars.
453
00:19:53,459 --> 00:19:55,662
First comes testing
on a cellular level,
454
00:19:55,696 --> 00:19:56,963
then animals.
455
00:19:56,997 --> 00:20:00,266
The last step
is clinical trials on humans.
456
00:20:00,300 --> 00:20:01,868
Then what?
457
00:20:01,902 --> 00:20:04,370
Then the company turns over
its clinical data
458
00:20:04,404 --> 00:20:05,672
to the FDA medical officers.
459
00:20:05,706 --> 00:20:07,774
They review the data,
then they convene
460
00:20:07,808 --> 00:20:11,311
an advisory panel of outside
independent specialists
461
00:20:11,344 --> 00:20:12,445
who give an opinion,
462
00:20:12,478 --> 00:20:14,715
which the FDA may
or may not follow.
463
00:20:14,748 --> 00:20:17,984
What does it mean to have
approval from the FDA?
464
00:20:18,018 --> 00:20:19,520
It's the gold standard.
465
00:20:19,553 --> 00:20:20,721
Meaning?
466
00:20:20,754 --> 00:20:22,523
The United States
has the safest,
467
00:20:22,556 --> 00:20:23,790
most rigorous
468
00:20:23,824 --> 00:20:25,792
pharmaceutical testing
process in the world.
469
00:20:25,826 --> 00:20:28,361
Many, many drugs
are available overseas
470
00:20:28,394 --> 00:20:31,297
that are prohibited here
for safety reasons.
471
00:20:31,331 --> 00:20:33,667
In fact,
a number of states
472
00:20:33,700 --> 00:20:35,969
limit the liability
of drug manufacturers
473
00:20:36,002 --> 00:20:38,471
from suits if their product
is FDA approved.
474
00:20:38,505 --> 00:20:40,674
-Objection.
-Sustained.
475
00:20:40,707 --> 00:20:42,342
Jury will disregard.
476
00:20:42,375 --> 00:20:43,844
From your review
of the data,
477
00:20:43,877 --> 00:20:46,580
did Hayden laboratories
comply
478
00:20:46,613 --> 00:20:48,749
with testing requirements
for Reflexin?
479
00:20:48,782 --> 00:20:50,350
Absolutely.
480
00:20:50,383 --> 00:20:51,417
Thank you, Doctor.
481
00:20:51,451 --> 00:20:53,787
HARLAND: In the last
four years,
482
00:20:53,820 --> 00:20:56,923
11 different drugs have been
pulled off the market
483
00:20:56,957 --> 00:21:00,460
after the FDA approved them.
Isn't that correct?
484
00:21:00,493 --> 00:21:01,762
Yes.
485
00:21:01,795 --> 00:21:04,698
Duract -- Painkiller,
linked to liver failure.
486
00:21:04,731 --> 00:21:05,932
That was one of them.
487
00:21:05,966 --> 00:21:08,401
Objection. This trial
is about Reflexin --
488
00:21:08,434 --> 00:21:09,736
They opened the door,
your honor.
489
00:21:09,770 --> 00:21:11,304
This witness testified
490
00:21:11,337 --> 00:21:14,040
that the FDA's approval
was the gold standard.
491
00:21:14,074 --> 00:21:16,610
Objection overruled.
492
00:21:16,643 --> 00:21:18,945
Lotronex --
Irritable bowel syndrome,
493
00:21:18,979 --> 00:21:21,047
suspected cause
of five deaths.
494
00:21:21,081 --> 00:21:22,048
Yes.
495
00:21:22,082 --> 00:21:23,884
Propulsid -- Heartburn.
496
00:21:23,917 --> 00:21:25,819
Suspected
in over 300 deaths.
497
00:21:25,852 --> 00:21:29,523
-Yes, but --
-Seldane, Rezulin,
the list goes on.
498
00:21:29,556 --> 00:21:31,792
All approved by the FDA,
499
00:21:31,825 --> 00:21:35,495
all pulled
because of safety concerns.
500
00:21:35,529 --> 00:21:37,330
The fact that these drugs
were withdrawn
501
00:21:37,363 --> 00:21:39,566
shows that
the system works,
502
00:21:39,600 --> 00:21:42,335
that the FDA investigators
are doing their job.
503
00:21:42,368 --> 00:21:45,872
Think the 20 million Americans
who took those drugs
504
00:21:45,906 --> 00:21:47,508
believe the system works?
505
00:21:47,541 --> 00:21:48,675
Objection.
506
00:21:48,709 --> 00:21:50,043
Sustained.
507
00:21:50,076 --> 00:21:52,579
The fact that the FDA
approved Reflexin
508
00:21:52,613 --> 00:21:55,949
doesn't establish it's safe,
does it, doctor?
509
00:21:55,982 --> 00:21:59,485
There are never
any guarantees.
510
00:22:01,454 --> 00:22:04,457
I am extremely proud
of Reflexin.
511
00:22:04,490 --> 00:22:06,426
It kills
bacterial infections
512
00:22:06,459 --> 00:22:09,596
that can lead to pneumonia
and meningitis.
513
00:22:09,630 --> 00:22:13,366
It saves lives
every single day.
514
00:22:13,399 --> 00:22:16,770
Are you satisfied, sir,
that it's safe?
515
00:22:16,803 --> 00:22:20,140
Absolutely,
when used as directed.
516
00:22:20,173 --> 00:22:22,976
Here, it was not used
as directed.
517
00:22:23,009 --> 00:22:25,378
It is not intended
for children.
518
00:22:25,411 --> 00:22:27,013
Now, I don't believe
519
00:22:27,047 --> 00:22:30,517
that Reflexin caused
Annie Mullin's injuries.
520
00:22:30,551 --> 00:22:33,720
Nevertheless, it should never
have been prescribed.
521
00:22:33,754 --> 00:22:36,022
That's why our label
is clear --
522
00:22:36,056 --> 00:22:38,925
"Not proven safe
for children under 16."
523
00:22:38,959 --> 00:22:41,528
What else can we do?
524
00:22:41,562 --> 00:22:43,530
We cannot be held
responsible
525
00:22:43,564 --> 00:22:46,533
for every doctor
who ignores our warnings.
526
00:22:46,567 --> 00:22:47,934
Thank you, Mr. Yates.
527
00:22:52,973 --> 00:22:54,407
Eugene.
528
00:22:56,977 --> 00:22:58,679
Can you take this one?
529
00:22:58,712 --> 00:22:59,946
What?
530
00:22:59,980 --> 00:23:01,181
I'm feeling...
531
00:23:01,214 --> 00:23:02,849
Overwhelmed.
532
00:23:02,883 --> 00:23:04,117
Look, Harland,
533
00:23:04,150 --> 00:23:05,652
I really don't think
we should let
534
00:23:05,686 --> 00:23:08,121
what that witness just said
hang with the jury.
535
00:23:08,154 --> 00:23:10,924
The sooner we defuse it,
the better.
536
00:23:21,735 --> 00:23:24,705
The FDA advisory committee
that approved your drug
537
00:23:24,738 --> 00:23:27,140
was comprised
of 12 doctors, correct?
538
00:23:27,173 --> 00:23:28,141
Yes.
539
00:23:28,174 --> 00:23:29,743
And seven of them
540
00:23:29,776 --> 00:23:31,612
had financial ties
to your company, didn't they?
541
00:23:31,645 --> 00:23:34,480
We fund research,
Mr. Bassett.
542
00:23:34,515 --> 00:23:36,883
I mean, if that qualifies
as financial ties,
543
00:23:36,917 --> 00:23:39,686
then, technically,
you may be correct.
544
00:23:39,720 --> 00:23:42,122
Fact is,
the drug industry
545
00:23:42,155 --> 00:23:45,626
is the major source
of funding for doctors
546
00:23:45,659 --> 00:23:48,028
who study the safety
and efficacy of drugs.
547
00:23:48,061 --> 00:23:49,563
Isn't that right,
Mr. Yates?
548
00:23:49,596 --> 00:23:51,164
I believe so.
549
00:23:51,197 --> 00:23:53,767
And if a doctor's studies
don't come out like you want,
550
00:23:53,800 --> 00:23:56,169
he's not going to get a grant
next time around
551
00:23:56,202 --> 00:23:57,170
for his research, is he?
552
00:23:57,203 --> 00:23:58,471
That's not true.
553
00:23:58,505 --> 00:24:00,674
As part
of their compensation,
554
00:24:00,707 --> 00:24:03,043
you offer these doctors
stock options
555
00:24:03,076 --> 00:24:04,210
in Hayden labs,
don't you?
556
00:24:04,244 --> 00:24:05,612
Sometimes.
557
00:24:05,646 --> 00:24:07,681
You make it in their
financial interest
558
00:24:07,714 --> 00:24:09,783
to make favorable findings.
559
00:24:09,816 --> 00:24:12,218
These are doctors
that you're talking about.
560
00:24:12,252 --> 00:24:13,954
They are going
to do what's right.
561
00:24:13,987 --> 00:24:15,689
They're doctors.
562
00:24:15,722 --> 00:24:17,023
They're going
to do what's right.
563
00:24:17,057 --> 00:24:19,225
-Objection -- Argumentative.
-Sustained.
564
00:24:19,259 --> 00:24:21,094
What's the average
review time
565
00:24:21,127 --> 00:24:22,963
for FDA approval?
566
00:24:22,996 --> 00:24:24,598
A little over a year.
567
00:24:24,631 --> 00:24:26,066
How long did the FDA
568
00:24:26,099 --> 00:24:28,602
review the application
for Reflexin?
569
00:24:28,635 --> 00:24:30,871
We were granted
an expedited review.
570
00:24:30,904 --> 00:24:31,872
How long?
571
00:24:31,905 --> 00:24:33,239
Six months.
572
00:24:33,273 --> 00:24:34,741
Do you think the FDA
573
00:24:34,775 --> 00:24:36,910
might have caught
the problems with Reflexin
574
00:24:36,943 --> 00:24:38,879
if they took
the normal review time?
575
00:24:38,912 --> 00:24:41,147
There were no problems
to catch.
576
00:24:41,181 --> 00:24:42,783
Really?
577
00:24:47,821 --> 00:24:49,155
No problems to catch?
578
00:24:51,925 --> 00:24:55,061
What is
an adverse drug report?
579
00:24:55,095 --> 00:24:57,631
It's a form
filled out by a doctor
580
00:24:57,664 --> 00:24:59,966
when a patient suffers
an unexpected reaction
581
00:25:00,000 --> 00:25:02,969
that might --
And I stress might --
582
00:25:03,003 --> 00:25:05,238
Be related
to a prescription drug.
583
00:25:05,271 --> 00:25:07,974
I'm holding
six adverse drug reports
584
00:25:08,008 --> 00:25:09,676
which list Reflexin
585
00:25:09,710 --> 00:25:13,013
as primary suspect
in liver damage.
586
00:25:13,046 --> 00:25:15,582
Four involve children.
587
00:25:15,616 --> 00:25:17,017
You're talking six reports
588
00:25:17,050 --> 00:25:19,620
out of 2 million
prescriptions.
589
00:25:19,653 --> 00:25:21,855
But doctors aren't required
to file these reports,
590
00:25:21,888 --> 00:25:23,624
are they, Mr. Yates?
591
00:25:23,657 --> 00:25:26,126
Some experts estimate
six reports
592
00:25:26,159 --> 00:25:29,996
translates to 600
actual complications.
593
00:25:30,030 --> 00:25:30,997
I disagree.
594
00:25:31,031 --> 00:25:32,699
You are aware
that doctors
595
00:25:32,733 --> 00:25:35,602
are prescribing Reflexin
to kids, aren't you?
596
00:25:35,636 --> 00:25:39,105
All we can do is to make
the appropriate warning.
597
00:25:39,139 --> 00:25:42,609
We can't control
what doctors do.
598
00:25:42,643 --> 00:25:44,044
Yes or no.
599
00:25:44,077 --> 00:25:47,581
You know doctors
are prescribing it to kids.
600
00:25:47,614 --> 00:25:48,915
Yes.
601
00:25:48,949 --> 00:25:52,218
Hayden Labs made
$265 million
602
00:25:52,252 --> 00:25:54,320
on Reflexin last year,
didn't they?
603
00:25:54,354 --> 00:25:56,590
-Objection.
-Overruled.
604
00:25:56,623 --> 00:26:00,293
$265 million.
605
00:26:00,326 --> 00:26:03,296
How much of that came
from off-label use by children?
606
00:26:03,329 --> 00:26:04,631
Some.
607
00:26:04,665 --> 00:26:06,332
Some.
608
00:26:06,366 --> 00:26:09,335
Children are good business,
aren't they, Mr. Yates?
609
00:26:09,369 --> 00:26:11,705
-Objection.
-Overruled.
610
00:26:11,738 --> 00:26:13,039
You don't test children
611
00:26:13,073 --> 00:26:14,775
'cause you don't want
to know what you'd find.
612
00:26:14,808 --> 00:26:15,776
That is untrue.
613
00:26:15,809 --> 00:26:17,343
Why do you only test adults
614
00:26:17,377 --> 00:26:19,880
when you know your drug
is going to kids?
615
00:26:23,316 --> 00:26:24,818
(sighs)
616
00:26:24,851 --> 00:26:29,322
We limited our research
and market to adults
617
00:26:29,355 --> 00:26:32,759
because the product
is intended for adults.
618
00:26:32,793 --> 00:26:36,697
Again, we cannot control
what the doctors do.
619
00:26:36,730 --> 00:26:39,633
But when doctors prescribe
Reflexin to kids,
620
00:26:39,666 --> 00:26:42,869
you don't issue
a stronger warning.
621
00:26:42,903 --> 00:26:45,171
You don't do anything
about it.
622
00:26:45,205 --> 00:26:47,207
You just take the money.
623
00:26:47,240 --> 00:26:48,208
Objection!
624
00:26:48,241 --> 00:26:49,976
Sustained.
625
00:26:50,010 --> 00:26:53,179
Truthfully, you have researched
children, haven't you?
626
00:26:54,715 --> 00:26:57,183
This is your research.
627
00:26:57,217 --> 00:27:01,688
Six isolated cases
is not data, Mr. Bassett.
628
00:27:04,157 --> 00:27:06,893
How about seven?
629
00:27:15,068 --> 00:27:16,670
You did great.
630
00:27:16,703 --> 00:27:18,672
He did great.
631
00:27:18,705 --> 00:27:19,806
So now what?
632
00:27:19,840 --> 00:27:20,974
Closing arguments.
633
00:27:21,007 --> 00:27:22,709
A good close
and we have a chance.
634
00:27:22,743 --> 00:27:23,944
I haven't
written it yet.
635
00:27:23,977 --> 00:27:25,111
You'll do it tonight.
636
00:27:25,145 --> 00:27:26,146
(knock on door)
637
00:27:32,152 --> 00:27:34,320
Can we get together?
638
00:27:37,123 --> 00:27:39,125
We'll be right out.
639
00:27:42,896 --> 00:27:44,698
-Here comes the offer.
-Oh, my God.
640
00:27:44,731 --> 00:27:46,166
-What?
-All right, listen,
641
00:27:46,199 --> 00:27:48,034
we need
to pick a number.
642
00:27:48,068 --> 00:27:50,436
I need to go out there
with a number.
643
00:27:50,470 --> 00:27:51,772
$600,000.
644
00:27:51,805 --> 00:27:53,339
They won't pay $600,000.
645
00:27:53,373 --> 00:27:56,877
-$200,000.
-Harland, you don't
have to cave that much.
646
00:27:56,910 --> 00:27:58,244
How do you go
from $600,000 to $200,000?
647
00:27:58,278 --> 00:28:00,046
I'm confused.
648
00:28:00,080 --> 00:28:02,415
Look, liability
is still shaky.
649
00:28:02,448 --> 00:28:04,384
Last night,
the number was zero.
650
00:28:04,417 --> 00:28:08,354
Right now,
I think $400,000 is possible.
651
00:28:21,301 --> 00:28:23,369
$225,000.
652
00:28:23,403 --> 00:28:25,138
That was
a half a million-dollar cross
653
00:28:25,171 --> 00:28:26,807
if I ever heard one.
654
00:28:26,840 --> 00:28:28,509
$225,000 was as high
as he authorized me.
655
00:28:28,542 --> 00:28:30,243
I'm not playing
poker here.
656
00:28:31,812 --> 00:28:33,413
I could convince him
to throw in your fees.
657
00:28:33,446 --> 00:28:35,248
You took it
on a contingency.
658
00:28:35,281 --> 00:28:37,217
That's another $60,000
or so.
659
00:28:37,250 --> 00:28:38,752
Let's say goodbye to this
at $300,000.
660
00:28:38,785 --> 00:28:40,987
$400,000
661
00:28:41,021 --> 00:28:42,488
and we'll sign off.
662
00:28:42,523 --> 00:28:44,925
Can't do it, Eugene.
$300,000's the number.
663
00:28:44,958 --> 00:28:46,492
No.
664
00:28:48,128 --> 00:28:49,863
Okay.
665
00:28:49,896 --> 00:28:53,166
We get to do this
one more day.
666
00:28:57,571 --> 00:29:01,074
We just turned down
$300,000.
667
00:29:15,522 --> 00:29:17,924
Lucy?
668
00:29:20,360 --> 00:29:23,029
Guys.
669
00:29:23,063 --> 00:29:24,798
Guys?
670
00:29:27,200 --> 00:29:28,501
What time is it?
671
00:29:28,535 --> 00:29:30,403
7:30.
How late were you up?
672
00:29:30,436 --> 00:29:32,338
We just laid down
to take a break
673
00:29:32,372 --> 00:29:33,974
at 4:00 or so.
674
00:29:34,007 --> 00:29:36,309
-Do we have any coffee?
-I'll make some.
675
00:29:36,342 --> 00:29:38,979
I need new clothes.
I can't close in this.
676
00:29:39,012 --> 00:29:40,514
You got plenty of time.
It's early.
677
00:29:40,547 --> 00:29:41,515
When are you due in?
678
00:29:41,548 --> 00:29:43,249
9:00.
679
00:29:43,283 --> 00:29:44,951
Okay, so you don't
have plenty of time.
680
00:29:44,985 --> 00:29:46,352
I got to go home
and change.
681
00:29:46,386 --> 00:29:49,523
I'll meet you guys
there.
682
00:29:49,556 --> 00:29:52,358
They offered $300,000.
683
00:29:52,392 --> 00:29:54,528
And you turned it down?
684
00:29:54,561 --> 00:29:56,262
I know we can get
another $100,000
685
00:29:56,296 --> 00:29:57,363
if he closes well.
686
00:29:57,397 --> 00:29:59,365
Or it could
go back to zero.
687
00:29:59,399 --> 00:30:01,501
Have you ever heard
Harland Bassett close?
688
00:30:01,535 --> 00:30:02,869
It isn't pretty.
689
00:30:02,903 --> 00:30:05,071
He's different
this trial, Bobby.
690
00:30:05,105 --> 00:30:06,973
He's in some kind
of zone.
691
00:30:07,007 --> 00:30:08,208
In a zone?
692
00:30:08,241 --> 00:30:09,910
When have you ever,
ever known him
693
00:30:09,943 --> 00:30:12,345
not to screw things up?
694
00:30:12,378 --> 00:30:14,981
If you give him
enough time...
695
00:30:31,932 --> 00:30:34,300
We all know
to warn our kids
696
00:30:34,334 --> 00:30:37,337
about the kind of drugs
you buy on a street corner.
697
00:30:37,370 --> 00:30:39,606
We know
to steer them away
698
00:30:39,640 --> 00:30:42,609
from shady dealers
and back alleys.
699
00:30:42,643 --> 00:30:45,579
But what we don't know
700
00:30:45,612 --> 00:30:47,213
is that
they are twice as likely
701
00:30:47,247 --> 00:30:51,217
to die from the drugs
in our own medicine cabinets.
702
00:30:51,251 --> 00:30:54,154
James and Christine Mullin
told their daughter
703
00:30:54,187 --> 00:30:58,358
to take her medicine because
it would make her feel better.
704
00:30:58,391 --> 00:31:00,060
Look at her.
705
00:31:00,093 --> 00:31:02,529
A simple antibiotic.
706
00:31:02,563 --> 00:31:04,965
Two weeks later,
she lost her liver
707
00:31:04,998 --> 00:31:07,968
and her opportunity
for a normal life.
708
00:31:08,001 --> 00:31:10,236
The defense
would have you believe
709
00:31:10,270 --> 00:31:12,405
that her doctor bears
all the responsibility,
710
00:31:12,438 --> 00:31:15,642
but this ignores
one critical fact.
711
00:31:15,676 --> 00:31:18,078
Hayden Labs knew
712
00:31:18,111 --> 00:31:22,549
that once Reflexin
was approved for adults,
713
00:31:22,583 --> 00:31:25,351
it would make its way
to children.
714
00:31:25,385 --> 00:31:28,655
80% of the drugs
on the market today
715
00:31:28,689 --> 00:31:33,026
are not adequately
tested on kids.
716
00:31:33,059 --> 00:31:34,661
80%.
717
00:31:34,695 --> 00:31:36,963
And it's common practice
for doctors
718
00:31:36,997 --> 00:31:40,500
to prescribe these medications
to children.
719
00:31:40,534 --> 00:31:44,137
Now, knowing this,
what does Hayden Labs do?
720
00:31:44,170 --> 00:31:47,373
They slip in the most innocuous
warning they can,
721
00:31:47,407 --> 00:31:49,309
while at the same time
722
00:31:49,342 --> 00:31:52,546
marketing the drug
to pediatricians.
723
00:31:52,579 --> 00:31:57,017
But saying "Not proven
safe or effective"
724
00:31:57,050 --> 00:31:58,585
is not the same
725
00:31:58,619 --> 00:32:02,388
as warning
it could be dangerous,
726
00:32:02,422 --> 00:32:05,125
and they knew it.
727
00:32:07,260 --> 00:32:09,630
It's hard to wage a battle
728
00:32:09,663 --> 00:32:12,465
against
a big pharmaceutical company.
729
00:32:12,498 --> 00:32:15,669
This is
a $100 billion industry.
730
00:32:15,702 --> 00:32:18,304
I'm sorry, your honor,
I'm loath to object
731
00:32:18,338 --> 00:32:19,472
during a closing,
732
00:32:19,506 --> 00:32:20,574
but this is
neither relevant --
733
00:32:20,607 --> 00:32:22,709
It is relevant.
734
00:32:22,743 --> 00:32:24,511
The revenues they generate
are relevant
735
00:32:24,545 --> 00:32:27,714
to the extent
that they control research.
736
00:32:27,748 --> 00:32:30,350
I'll give you
a short leash, Mr. Bassett,
737
00:32:30,383 --> 00:32:32,218
but keep it
about the case.
738
00:32:34,320 --> 00:32:38,458
The drug companies --
They fund the research.
739
00:32:38,491 --> 00:32:41,361
They pay many doctors
who are in charge of testing
740
00:32:41,394 --> 00:32:43,129
whether a drug is safe,
741
00:32:43,163 --> 00:32:46,633
and some drugs get to the market
that are unsafe.
742
00:32:46,667 --> 00:32:49,570
In the last four years alone,
743
00:32:49,603 --> 00:32:52,205
20 million Americans
took drugs
744
00:32:52,238 --> 00:32:56,777
that were pulled off the market
because of safety reasons.
745
00:32:56,810 --> 00:33:00,313
20 million.
746
00:33:00,346 --> 00:33:04,785
And I submit that when Reflexin
is finally tested on kids,
747
00:33:04,818 --> 00:33:07,588
it, too,
will probably be pulled,
748
00:33:07,621 --> 00:33:09,255
but Hayden Labs --
749
00:33:09,289 --> 00:33:11,658
They're not going to test it,
ladies and gentlemen.
750
00:33:11,692 --> 00:33:13,660
Oh, not if they can help it.
751
00:33:13,694 --> 00:33:16,129
The problem
with test results
752
00:33:16,162 --> 00:33:17,798
is you're stuck with them.
753
00:33:17,831 --> 00:33:20,601
And they don't want
any test proving
754
00:33:20,634 --> 00:33:23,403
what Annie Mullin
already knows --
755
00:33:23,436 --> 00:33:29,275
That this drug
can cause liver failure.
756
00:33:29,309 --> 00:33:31,612
It caused hers.
757
00:33:31,645 --> 00:33:34,715
They don't care,
ladies and gentlemen.
758
00:33:34,748 --> 00:33:36,717
They don't give a damn.
759
00:33:36,750 --> 00:33:39,152
And the FDA?
760
00:33:39,185 --> 00:33:42,288
They rely on clinical
and advisory panels
761
00:33:42,322 --> 00:33:46,527
that are bankrolled
by these people.
762
00:33:46,560 --> 00:33:50,531
In the end,
it's not about safety.
763
00:33:50,564 --> 00:33:53,299
It's not about compassion.
764
00:33:53,333 --> 00:33:57,571
It's not about little girls
like Annie.
765
00:33:57,604 --> 00:33:59,806
It's about money.
766
00:33:59,840 --> 00:34:02,543
That's all they understand.
767
00:34:02,576 --> 00:34:05,378
Go back to that jury room
768
00:34:05,411 --> 00:34:07,781
and return with a number
769
00:34:07,814 --> 00:34:10,684
that'll make them understand.
770
00:34:29,503 --> 00:34:32,472
That was very impassioned.
771
00:34:32,506 --> 00:34:37,644
However, cases are decided
on fact and merit,
772
00:34:37,678 --> 00:34:39,312
not passion.
773
00:34:39,345 --> 00:34:41,481
Fact --
774
00:34:41,515 --> 00:34:45,819
The cause of most liver failure
in children is unknown.
775
00:34:45,852 --> 00:34:48,221
Fact --
776
00:34:48,254 --> 00:34:51,124
It's much more likely
that Miss Mullin's stomach flu
777
00:34:51,157 --> 00:34:54,595
caused her liver failure
than any drug she took.
778
00:34:54,628 --> 00:34:56,830
Fact --
779
00:34:56,863 --> 00:34:58,865
The FDA reviewed Reflexin
780
00:34:58,899 --> 00:35:00,433
and found it
to be safe and effective
781
00:35:00,466 --> 00:35:03,436
when used as directed.
782
00:35:03,469 --> 00:35:07,140
Fact --
The FDA still approves Reflexin.
783
00:35:07,173 --> 00:35:08,875
Fact -- We warned doctors
784
00:35:08,909 --> 00:35:11,678
not to use it
on children under 16.
785
00:35:11,712 --> 00:35:14,715
Fact -- Miss Mullin's doctor
read that warning
786
00:35:14,748 --> 00:35:17,417
and still prescribed it.
787
00:35:17,450 --> 00:35:20,787
Mr. Bassett
would have you believe
788
00:35:20,821 --> 00:35:22,723
that the evil
pharmaceutical companies
789
00:35:22,756 --> 00:35:25,258
are out there killing people
for profit.
790
00:35:25,291 --> 00:35:28,695
Reflexin is in the family
of antibiotics
791
00:35:28,729 --> 00:35:32,533
that has saved
millions of lives.
792
00:35:32,566 --> 00:35:34,267
All right, yes,
793
00:35:34,300 --> 00:35:36,202
the drug companies
fund research.
794
00:35:36,236 --> 00:35:38,639
Does this mean
that the findings are bought?
795
00:35:38,672 --> 00:35:40,206
Absolutely not,
796
00:35:40,240 --> 00:35:42,543
and there is no evidence
to suggest otherwise.
797
00:35:42,576 --> 00:35:45,178
They pay for this research
to get it done,
798
00:35:45,211 --> 00:35:47,714
to be able to discover
lifesaving medicines.
799
00:35:47,748 --> 00:35:50,450
We all live longer,
more enriched lives
800
00:35:50,483 --> 00:35:52,819
because of those medicines.
801
00:35:52,853 --> 00:35:58,625
Reflexin is one such
lifesaving medication.
802
00:35:58,659 --> 00:36:01,828
Now, do we know
some doctors
803
00:36:01,862 --> 00:36:04,831
might possibly prescribe it
to children?
804
00:36:04,865 --> 00:36:06,833
Yes.
805
00:36:06,867 --> 00:36:10,236
So we clearly warn them.
806
00:36:10,270 --> 00:36:13,907
"Not proven safe
for children."
807
00:36:13,940 --> 00:36:16,677
What else can we do?
808
00:36:16,710 --> 00:36:19,613
What else can we do?
809
00:36:47,007 --> 00:36:49,876
No matter what happens,
Harland,
810
00:36:49,910 --> 00:36:51,812
you tried a great case.
811
00:36:51,845 --> 00:36:54,648
I still wish I could have
done more with the medicals.
812
00:36:54,681 --> 00:36:56,249
There isn't more.
813
00:36:56,282 --> 00:36:58,985
It's not like the truth
is out there somewhere.
814
00:36:59,019 --> 00:37:01,688
I don't know
815
00:37:01,722 --> 00:37:03,990
how I'm ever going
to be able to repay you.
816
00:37:04,024 --> 00:37:06,527
Me?
817
00:37:06,560 --> 00:37:07,794
I just sat there.
818
00:37:07,828 --> 00:37:09,229
Yeah, right.
819
00:37:17,403 --> 00:37:19,840
$400,000 -- Sealed.
820
00:37:23,677 --> 00:37:25,846
I need a second
with co-counsel.
821
00:37:35,488 --> 00:37:37,524
I don't know
how to advise you.
822
00:37:37,558 --> 00:37:39,626
I can't say
we're going to win,
823
00:37:39,660 --> 00:37:40,827
but if we win,
824
00:37:40,861 --> 00:37:42,596
it should be
more than $400,000.
825
00:37:44,765 --> 00:37:47,000
What does your gut
tell you?
826
00:37:47,033 --> 00:37:50,070
Only that
I got to throw up.
827
00:37:50,103 --> 00:37:52,973
No matter what, we got
to run it by the client.
828
00:37:56,643 --> 00:37:58,845
If they're offering
$400,000,
829
00:37:58,879 --> 00:38:01,481
do you think
they'd go higher?
830
00:38:01,515 --> 00:38:02,749
This lawyer doesn't
really play that way.
831
00:38:02,783 --> 00:38:04,450
He just puts it out.
832
00:38:04,484 --> 00:38:06,486
Now, that's not to say
we couldn't chip it up some,
833
00:38:06,520 --> 00:38:08,054
but --
834
00:38:08,088 --> 00:38:10,023
Harland, six months ago,
835
00:38:10,056 --> 00:38:12,793
we put ourselves
in your hands.
836
00:38:18,031 --> 00:38:19,399
Let's go to verdict.
837
00:38:19,432 --> 00:38:21,001
Harland.
838
00:38:21,034 --> 00:38:23,504
They never thought
we'd get this far, Eugene.
839
00:38:23,537 --> 00:38:25,438
Let's go to verdict.
840
00:38:25,471 --> 00:38:26,840
Let me see if I can
get it up to $600,000.
841
00:38:26,873 --> 00:38:27,841
No.
842
00:38:27,874 --> 00:38:29,876
Let's go to verdict.
843
00:38:29,910 --> 00:38:33,079
You understand, Mr. Mullin,
that this could --
844
00:38:33,113 --> 00:38:35,882
I understand
that Harland took us here.
845
00:38:35,916 --> 00:38:38,351
I'm going
to follow his instinct.
846
00:38:38,384 --> 00:38:40,787
(pager beeps)
847
00:38:40,821 --> 00:38:43,456
Jerry's back?
Who's Jerry?
848
00:38:44,791 --> 00:38:47,928
Jury.
The jury's back.
849
00:38:47,961 --> 00:38:49,462
Let's go.
850
00:38:55,669 --> 00:38:58,505
And, Eugene --
851
00:38:58,539 --> 00:38:59,973
I'm sure.
852
00:39:00,006 --> 00:39:02,108
Okay.
853
00:39:26,499 --> 00:39:27,968
$600,000.
854
00:39:29,936 --> 00:39:31,437
No.
855
00:39:40,847 --> 00:39:42,749
Can you get a read?
856
00:39:42,783 --> 00:39:46,119
No.
857
00:39:53,594 --> 00:39:55,596
Mr. Foreman,
have you reached a verdict?
858
00:39:55,629 --> 00:39:57,631
We have, your honor.
859
00:39:57,664 --> 00:40:00,466
What say you?
860
00:40:02,603 --> 00:40:03,804
In the matter
861
00:40:03,837 --> 00:40:05,471
of Anne Mullin
vs. Hayden Laboratories...
862
00:40:06,940 --> 00:40:08,174
We find in favor
863
00:40:08,208 --> 00:40:11,878
of the plaintiff
Anne Mullin,
864
00:40:11,912 --> 00:40:13,880
and we order the defendant
to pay compensatory damages
865
00:40:13,914 --> 00:40:16,817
in the amount
of $5.6 million.
866
00:40:16,850 --> 00:40:19,886
(audience gasping
and murmuring)
867
00:40:29,495 --> 00:40:30,764
The defendant
moves for a judgment
868
00:40:30,797 --> 00:40:32,198
notwithstanding
the verdict.
869
00:40:39,105 --> 00:40:41,041
The evidence
never established causation,
870
00:40:41,074 --> 00:40:43,744
and no reasonable jury
could find that it did.
871
00:40:43,777 --> 00:40:44,945
In the alternative,
872
00:40:44,978 --> 00:40:46,713
we're entitled
to a new trial.
873
00:40:58,825 --> 00:41:00,561
Denied.
874
00:41:02,729 --> 00:41:04,064
Members of the jury,
875
00:41:04,097 --> 00:41:05,832
this concludes your service.
876
00:41:05,866 --> 00:41:07,968
Your judgment is so entered,
877
00:41:08,001 --> 00:41:11,572
and you are dismissed
with thanks from the court.
878
00:41:20,614 --> 00:41:21,582
(sniffs)
879
00:41:21,615 --> 00:41:23,584
How about that?
880
00:41:23,617 --> 00:41:24,785
Yeah.
881
00:41:27,788 --> 00:41:29,990
You look like
you're about to cry.
882
00:41:30,023 --> 00:41:31,858
Yeah...
883
00:41:31,892 --> 00:41:34,260
And if you tell anybody,
I'll kill you.
884
00:42:14,067 --> 00:42:16,903
♪ (theme)
885
00:42:38,358 --> 00:42:40,060
You stinker!
61994
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