John Grisham - The Litigators

Let’s hope this dog is put to sleep today. And maybe Judge Seawright has the guts to grant sanctions for such a frivolous case.

David flinched so hard he squeezed Emma, who momentarily stopped working the bottle. He closed his laptop and cursed himself for looking at the blog. Never again, he vowed, not for the first time.

With the verdict solidly in hand, Nadine Karros decided to push a bit harder. Her first witness Friday morning was Dr. Mark Ulander, Varrick’s senior vice president and director of research. Working from a script, they quickly laid the groundwork. Ulander had three graduate degrees and had spent the past twenty-two years supervising Varrick’s vast development of myriad drugs. Krayoxx was his proudest achievement. The company had spent over $4 billion bringing it to market. His team of thirty scientists had labored for eight years to perfect the drug, to make certain it worked to lower cholesterol, to take no chances with its safety, and to gain FDA approval. He detailed the rigid testing procedures used, and not just for Krayoxx but for all Varrick’s fine products. The company’s reputation was on the line with every drug it developed, and the Varrick reputation for excellence pervaded every aspect of his research. With Nadine’s skillful direction, Dr. Ulander painted an impressive picture of a diligent effort to produce the perfect drug, Krayoxx.

With nothing to lose, David decided to roll the dice and join the action. He began his cross-examination with “Dr. Ulander, let’s talk about all of those clinical trials you just mentioned.” The fact that David was at the podium seemed to catch the jurors off guard. Though it was only 10:15, they were ready to deliberate and go home.

“Where did the clinical trials take place?” David asked.

“For Krayoxx?”

“No, for baby aspirin. Of course for Krayoxx.”

“Sorry, of course. Let’s see. Well, the clinical trials were extensive, as I said.”

“Got that, Dr. Ulander. The question is rather simple. Where were the clinical trials?”

“Yes, well, the initial trials were done with a test group of high-cholesterol subjects in Nicaragua and Mongolia.”

“Keep going. Where else?”

“Kenya and Cambodia.”

“Did Varrick spend $4 billion developing Krayoxx to reap dividends in Mongolia and Kenya?”

“I can’t answer that, Mr. Zinc. I’m not involved in marketing.”

“Fair enough. How many clinical trials were conducted here in the United States?”

“None.”

“How many Varrick drugs are in clinical trials as of today?”

Nadine Karros rose and said, “Objection, Your Honor, on the grounds of irrelevance. Other drugs are not at issue here.”

Judge Seawright paused and scratched his chin. “Overruled. Let’s see where this is going.”

David wasn’t sure where it was going, but he had just won a tiny victory over Ms. Karros. Emboldened, he pressed on. “You may answer the question, Dr. Ulander. How many Varrick drugs are in clinical trials today?”

“Approximately twenty. I could name them all if given a moment or two.”

“Twenty sounds good. Let’s save some time. How much money will Varrick spend this year on clinical trials for all of its drugs in development?”

“Roughly $2 billion.”

“Last year, 2010, what percentage of Varrick’s gross sales came from foreign markets?”

Dr. Ulander shrugged and looked perplexed. “Well, I’d have to check the financial statements.”

“You’re a vice president of the company, aren’t you? And you have been for the past sixteen years, right?”

“That’s true.”

David picked up a thin binder, flipped a page, and said, “This is last year’s financial report, and it plainly states that 82 percent of Varrick’s gross sales were in the U.S. market. Have you seen this?”

“Of course.”

Ms. Karros stood and said, “Objection, Your Honor. My client’s financial records are not at issue here.”

“Overruled. Your client’s financial records are a matter of public record.”

Another tiny victory, and for the second time David got a taste of courtroom excitement. “Does 82 percent sound right, Dr. Ulander?”

“If you say so.”

“I’m not saying so, sir. It’s right here in the published report.”

“Okay, so it’s 82 percent.”

“Thank you. Of the twenty drugs you’re testing today, how many of their clinical trials are being conducted in the United States?”

The witness gritted his teeth, clenched his jaw, and said, “None.”

“None,” David repeated dramatically and looked at the jury. Several of the faces were engaged. He paused a few seconds, then continued: “So Varrick derives 82 percent of its income in this country, yet it tests its drugs in such places as Nicaragua, Cambodia, and Mongolia. Why is that, Dr. Ulander?”

“It’s very simple, Mr. Zinc. The regulatory environment in this country stifles the research and development of new drugs, devices, and procedures.”

“That’s great. So you’re blaming the government for your routine practice of testing drugs on people in faraway places?”

Ms. Karros was back on her feet. “Objection, Your Honor. That’s mischaracterization of what the witness said.”

“Overruled. The jury heard what the witness said. Continue, Mr. Zinc.”

“Thank you, Your Honor. You may answer the question, Dr. Ulander.”

“I’m sorry, what was the question?”

“Is it your testimony that the reason your company runs its clinical trials in other countries is that there is too much regulation in this country?”

“Yes, that’s the reason.”

“Isn’t it true that Varrick tests its drugs in developing countries because it can avoid the threat of litigation if things go badly?”

“Not at all.”

“Isn’t it true that Varrick tests its drugs in developing countries because there is virtually no regulation?”

“No, that’s not true.”

“Isn’t it true that Varrick tests its drugs in developing countries because it’s much easier to find human guinea pigs who need a few bucks?”

There was a scramble over David’s left shoulder as the defense horde reacted. Ms. Karros sprang to her feet and said firmly, “Objection, Your Honor.”

Judge Seawright, who was leaning forward on his elbows, calmly said, “State your objection.”

For the first time all week Nadine struggled for words. “Well, first, I object to this line of questioning on the grounds of irrelevance. What my client does with other drugs is not relevant to this case.”

“I’ve already overruled that objection, Ms. Karros.”

“And so I object to counsel’s use of the term ‘human guinea pigs.’ ”

The term was clearly objectionable, but it was also commonly used and seemed to fit the situation. Judge Seawright thought about it for a while as everyone stared at him. David glanced at the jury and saw some amused faces.

“Overruled. Continue, Mr. Zinc.”

“Were you supervising all of Varrick’s research in 1998?”

Dr. Ulander replied, “Yes, as I’ve said, that has been my role for the past twenty-two years.”

“Thank you. Now, in 1998, did Varrick run clinical trials for a drug called Amoxitrol?”

Ulander shot a look of panic at the defense table, where several of the Varrick lawyers were sporting their own looks of panic. Ms. Karros jumped up again and forcefully announced, “Objection, Your Honor! That drug is not in question here. Its history is totally irrelevant.”

“Mr. Zinc?”

“Your Honor, that drug has an ugly history and I don’t blame Varrick for trying to keep it quiet.”

“Why should we talk about other drugs, Mr. Zinc?”

“Well, Judge, it seems to me as if this witness has placed the company’s reputation into issue. He testified for sixty-four minutes and spent most of his time trying to convince the jury that his company places great importance on safe testing procedures. Why can’t I explore this? It seems quite relevant to me, and I think the jury would find it interesting.”