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These are the user uploaded subtitles that are being translated: 1 00:00:00,901 --> 00:00:03,036 Previously on "The Practice..." 2 00:00:03,069 --> 00:00:04,370 I got a lewd and lascivious scheduled 3 00:00:04,404 --> 00:00:05,539 for trial this morning, but Judge Hiller, 4 00:00:05,572 --> 00:00:07,240 she's ordered me to get co-counsel. 5 00:00:07,273 --> 00:00:08,575 Why? 6 00:00:08,609 --> 00:00:11,144 Something about how I've never won a trial. 7 00:00:11,177 --> 00:00:12,212 Bobby, it's bad for us to even be associated 8 00:00:12,245 --> 00:00:14,047 with Harland Bassett. 9 00:00:14,080 --> 00:00:15,716 -He's a nice guy. -Yeah, and the world's worst attorney. 10 00:00:15,749 --> 00:00:17,684 I do not want to be in court with that man. 11 00:00:17,718 --> 00:00:19,720 If I have you guys on board as co-counsel, 12 00:00:19,753 --> 00:00:21,788 I know I could chip the settlement up. 13 00:00:21,822 --> 00:00:24,490 Every time I sign up with you, I end up getting embarrassed. 14 00:00:24,525 --> 00:00:26,326 That's not going to happen this time. 15 00:00:26,359 --> 00:00:28,228 What's this case and what's our involvement? 16 00:00:28,261 --> 00:00:29,796 Product liability against a drug company 17 00:00:29,830 --> 00:00:31,231 that injured a little girl. Harland -- 18 00:00:31,264 --> 00:00:33,333 This guy ponies you up every time. 19 00:00:33,366 --> 00:00:34,801 I told him I'd join him for a settlement conference. 20 00:00:34,835 --> 00:00:36,503 That's all it will be. 21 00:00:36,537 --> 00:00:39,540 -Gentlemen, come right in. -That's John Rapherson. 22 00:00:39,573 --> 00:00:41,074 You know him? 23 00:00:41,107 --> 00:00:42,475 The man is one of the top three 24 00:00:42,509 --> 00:00:45,078 civil litigators in Boston. 25 00:00:45,111 --> 00:00:47,113 Our client has directed us not to settle. 26 00:00:47,147 --> 00:00:50,083 We just beat the EPA for over $30 million 27 00:00:50,116 --> 00:00:52,318 on injuries that weren't even as bad. 28 00:00:52,352 --> 00:00:54,154 They beat the EPA, Mr. Bassett. 29 00:00:54,187 --> 00:00:56,590 Now while I salute your last-minute ingenuity 30 00:00:56,623 --> 00:00:59,159 in signing them up for shock value, 31 00:00:59,192 --> 00:01:01,795 we know who opposing counsel really is. 32 00:01:01,828 --> 00:01:04,865 Eugene, this is Christine and Annie Mullin, our clients. 33 00:01:04,898 --> 00:01:07,333 -Hello. -That drug did this to her? 34 00:01:07,367 --> 00:01:08,702 Every bit of it. 35 00:01:08,735 --> 00:01:11,271 Six months ago she was completely healthy. 36 00:01:11,304 --> 00:01:13,507 Annie, you up for a fight? 37 00:01:13,540 --> 00:01:14,808 Yes. 38 00:01:14,841 --> 00:01:17,277 You tough enough to take on the drug company? 39 00:01:17,310 --> 00:01:19,846 I'll be as tough as I need to be. 40 00:01:24,484 --> 00:01:26,820 The big hurdle is causation -- 41 00:01:26,853 --> 00:01:29,890 Proving the drug caused Annie's liver failure. 42 00:01:29,923 --> 00:01:32,392 And do we have to prove it 43 00:01:32,425 --> 00:01:34,394 beyond a reasonable doubt? 44 00:01:34,427 --> 00:01:36,730 No, that's a criminal standard. 45 00:01:36,763 --> 00:01:38,364 The burden here is 46 00:01:38,398 --> 00:01:40,133 the preponderance of the evidence. 47 00:01:40,166 --> 00:01:41,835 Where is Harland? 48 00:01:41,868 --> 00:01:43,637 He should be right in. 49 00:01:43,670 --> 00:01:46,472 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 51 00:01:49,843 --> 00:01:52,478 that we might win, then we should be able to settle 52 00:01:52,513 --> 00:01:56,650 because Hayden Laboratories can't risk losing. 53 00:01:56,683 --> 00:01:58,652 Does that make sense? 54 00:01:58,685 --> 00:02:01,555 Yeah, I think so. 55 00:02:01,588 --> 00:02:04,691 Let me check on Harland. 56 00:02:07,894 --> 00:02:11,331 Harland, the Mullins are waiting. 57 00:02:11,364 --> 00:02:13,166 Oh, could you take the meeting, Eugene? 58 00:02:13,199 --> 00:02:14,568 Take the meeting? It's a pretrial. 59 00:02:14,601 --> 00:02:16,169 They want to talk to you. 60 00:02:16,202 --> 00:02:17,604 I'm just... 61 00:02:17,638 --> 00:02:19,606 What's wrong? 62 00:02:19,640 --> 00:02:21,575 I'm having a little anxiety. 63 00:02:21,608 --> 00:02:24,711 It's nothing. Had it before. It goes away. 64 00:02:24,745 --> 00:02:26,312 What goes away? 65 00:02:26,346 --> 00:02:28,915 What exactly are you feeling? 66 00:02:28,949 --> 00:02:32,185 My breathing gets a little hard. 67 00:02:32,218 --> 00:02:34,588 I just need a few minutes. 68 00:02:34,621 --> 00:02:36,256 So... 69 00:02:36,289 --> 00:02:37,724 Should I tell them to wait? 70 00:02:37,758 --> 00:02:40,894 No. 71 00:02:40,927 --> 00:02:42,529 I'm okay. 72 00:02:42,563 --> 00:02:44,565 Harland? 73 00:02:44,598 --> 00:02:46,667 Okay. 74 00:02:48,368 --> 00:02:49,736 Okay. 75 00:02:51,404 --> 00:02:53,540 I can't get air. 76 00:02:53,574 --> 00:02:55,208 Harland! 77 00:02:56,476 --> 00:02:58,745 ♪ (theme) 78 00:03:52,032 --> 00:03:54,000 I want to do one more test, 79 00:03:54,034 --> 00:03:56,436 but from everything I can see, it was just an anxiety attack. 80 00:03:56,469 --> 00:03:58,371 -Your heart looks fine. -Thank God. 81 00:03:58,404 --> 00:04:00,741 We can keep you overnight, or you can leave, if you want. 82 00:04:00,774 --> 00:04:02,643 No, I got to leave. I'm in trial in six hours. 83 00:04:02,676 --> 00:04:04,911 Harland, I think we can get a continuance. 84 00:04:04,945 --> 00:04:06,647 I wouldn't be so sure, Eugene. 85 00:04:06,680 --> 00:04:09,950 This judge said the last one was final. 86 00:04:09,983 --> 00:04:12,786 But this is medical. You had a near heart attack, so -- 87 00:04:12,819 --> 00:04:14,487 That's the problem. Could I have a second? 88 00:04:14,521 --> 00:04:16,422 Absolutely. I'll check back. 89 00:04:19,560 --> 00:04:22,663 The last continuance I got, 90 00:04:22,696 --> 00:04:24,765 I, uh... 91 00:04:24,798 --> 00:04:27,067 I sort of faked a heart attack. 92 00:04:27,100 --> 00:04:30,403 What do you mean you sort of faked a heart attack? 93 00:04:30,436 --> 00:04:32,072 He wasn't going to give me any more time, 94 00:04:32,105 --> 00:04:34,675 so I grabbed my chest 95 00:04:34,708 --> 00:04:36,777 and I said I had to go to my doctor. 96 00:04:36,810 --> 00:04:38,879 He says, "If this happens again, 97 00:04:38,912 --> 00:04:41,347 "Then somebody else is going to have to try it 98 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. 100 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. 102 00:04:49,022 --> 00:04:50,557 Hand me my pants, would you? 103 00:04:55,862 --> 00:04:57,698 So you're going forward? 104 00:04:57,731 --> 00:05:00,567 He says he's ready. Exhibits? 105 00:05:00,601 --> 00:05:02,569 They've been delivered to the courthouse. 106 00:05:02,603 --> 00:05:04,470 Do you guys have any chance? 107 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 -- 109 00:05:07,874 --> 00:05:10,476 Don't worry. 110 00:05:10,511 --> 00:05:12,012 Are we ready? 111 00:05:12,045 --> 00:05:13,413 We're ready. 112 00:05:13,446 --> 00:05:14,915 All right. 113 00:05:22,989 --> 00:05:26,426 Annie Mullin came to me with a sinus infection. 114 00:05:26,459 --> 00:05:29,062 I first treated it with another antibiotic. 115 00:05:29,095 --> 00:05:32,733 When that didn't work, I prescribed Reflexin. 116 00:05:32,766 --> 00:05:36,570 Reflexin -- This is also an antibiotic? 117 00:05:36,603 --> 00:05:39,105 -That's correct. -And what happened? 118 00:05:39,139 --> 00:05:41,842 After taking the drug, she almost immediately 119 00:05:41,875 --> 00:05:43,844 went into acute liver failure, 120 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, 122 00:05:48,048 --> 00:05:50,851 did Reflexin cause this liver failure? 123 00:05:50,884 --> 00:05:53,486 I cannot state it to a medical certainty, 124 00:05:53,520 --> 00:05:56,757 but I can think of no cause other than the Reflexin. 125 00:05:56,790 --> 00:05:58,592 Objection. 126 00:05:58,625 --> 00:06:00,493 Doctor, did you know that Reflexin was dangerous? 127 00:06:00,527 --> 00:06:01,962 Objection -- No foundation. 128 00:06:01,995 --> 00:06:04,130 Sustained. 129 00:06:04,164 --> 00:06:06,800 What were your expectations regarding the safety 130 00:06:06,833 --> 00:06:08,869 of this antibiotic, doctor? 131 00:06:08,902 --> 00:06:12,072 I was aware that it hadn't been tested on children, 132 00:06:12,105 --> 00:06:14,440 but neither are about 80% of the drugs 133 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. 135 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 139 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 141 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 -- 147 00:06:43,937 --> 00:06:46,172 He's called a detail person -- To promote the product. 148 00:06:46,206 --> 00:06:48,208 Did this detail person say anything 149 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. 151 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, 154 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, 157 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. 159 00:07:11,532 --> 00:07:13,700 Yes, but I only agreed to tell the truth, 160 00:07:13,734 --> 00:07:15,669 which is what I've done here. 161 00:07:15,702 --> 00:07:17,604 The, uh... 162 00:07:17,638 --> 00:07:19,239 The literature that you received 163 00:07:19,272 --> 00:07:22,676 from my client's detail person 164 00:07:22,709 --> 00:07:24,110 included all labeling information, 165 00:07:24,144 --> 00:07:25,712 -did it not, doctor? -Yes. 166 00:07:25,746 --> 00:07:27,714 And I show you a copy of that information 167 00:07:27,748 --> 00:07:29,716 now marked and identified as exhibit "A." 168 00:07:29,750 --> 00:07:32,853 Could you read the highlighted section? 169 00:07:32,886 --> 00:07:34,855 "Not proven safe and effective 170 00:07:34,888 --> 00:07:37,591 "For children under 16 years of age." 171 00:07:37,624 --> 00:07:41,261 And yet you prescribed it to a 13-year-old girl? 172 00:07:41,294 --> 00:07:44,798 It's done all the time. 173 00:07:44,831 --> 00:07:47,601 Thank you, doctor. 174 00:07:47,634 --> 00:07:51,004 Mr. Bassett, redirect? 175 00:07:51,037 --> 00:07:54,074 Can you think of anything else? 176 00:07:54,107 --> 00:07:56,276 No. You got what you can from her, 177 00:07:56,309 --> 00:07:58,912 and you don't want to give Rapherson 178 00:07:58,945 --> 00:08:00,814 another whack at cross. 179 00:08:00,847 --> 00:08:02,115 Right. 180 00:08:08,955 --> 00:08:11,925 Harland... 181 00:08:11,958 --> 00:08:15,261 Tell the judge you have nothing further. 182 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, 184 00:08:23,236 --> 00:08:25,672 I concluded to a reasonable degree of medical certainty 185 00:08:25,706 --> 00:08:29,643 that drug toxicity was the cause for the failure. 186 00:08:29,676 --> 00:08:32,779 Do you know which drug caused this toxicity? 187 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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