The Practice (1997–2004): Season 5, Episode 20 - The Case of Harland Bassett - full transcript
Jimmy and Eugene help all-time-loser attorney Harland Bassett in the trial of his life, as he represents a sick little girl against a drug company, whose drug caused her liver to fail.
Previously on
"The Practice..."
I got a lewd and
lascivious scheduled
for trial this morning,
but Judge Hiller,
she's ordered me
to get co-counsel.
Why?
Something about how
I've never won a trial.
Bobby, it's bad for us
to even be associated
with Harland Bassett.
-He's a nice guy.
-Yeah, and the world's
worst attorney.
I do not want to be
in court with that man.
If I have you guys
on board as co-counsel,
I know I could chip
the settlement up.
Every time I sign up with you,
I end up getting embarrassed.
That's not going
to happen this time.
What's this case
and what's our involvement?
Product liability
against a drug company
that injured a little girl.
Harland --
This guy ponies you up
every time.
I told him I'd join him
for a settlement conference.
That's all it will be.
-Gentlemen, come right in.
-That's John Rapherson.
You know him?
The man is one
of the top three
civil litigators in Boston.
Our client has directed us
not to settle.
We just beat the EPA
for over $30 million
on injuries that weren't
even as bad.
They beat the EPA,
Mr. Bassett.
Now while I salute
your last-minute ingenuity
in signing them up
for shock value,
we know who opposing counsel
really is.
Eugene, this is Christine
and Annie Mullin, our clients.
-Hello.
-That drug did this to her?
Every bit of it.
Six months ago
she was completely healthy.
Annie,
you up for a fight?
Yes.
You tough enough to take on
the drug company?
I'll be as tough
as I need to be.
The big hurdle
is causation --
Proving the drug caused
Annie's liver failure.
And do we have to prove it
beyond a reasonable doubt?
No, that's
a criminal standard.
The burden here is
the preponderance
of the evidence.
Where is Harland?
He should be right in.
Mr. And Mrs. Mullin,
we don't think we'll win.
Our goal here --
If we can do well enough
that we might win, then we
should be able to settle
because Hayden Laboratories
can't risk losing.
Does that make sense?
Yeah, I think so.
Let me check on Harland.
Harland,
the Mullins are waiting.
Oh, could you take
the meeting, Eugene?
Take the meeting?
It's a pretrial.
They want to talk to you.
I'm just...
What's wrong?
I'm having a little anxiety.
It's nothing. Had it before.
It goes away.
What goes away?
What exactly
are you feeling?
My breathing
gets a little hard.
I just need
a few minutes.
So...
Should I tell them
to wait?
No.
I'm okay.
Harland?
Okay.
Okay.
I can't get air.
Harland!
♪ (theme)
I want to do one more test,
but from everything I can see,
it was just an anxiety attack.
-Your heart looks fine.
-Thank God.
We can keep you overnight,
or you can leave, if you want.
No, I got to leave.
I'm in trial in six hours.
Harland, I think
we can get a continuance.
I wouldn't be so sure,
Eugene.
This judge said
the last one was final.
But this is medical. You had
a near heart attack, so --
That's the problem.
Could I have a second?
Absolutely.
I'll check back.
The last continuance I got,
I, uh...
I sort of faked
a heart attack.
What do you mean you
sort of faked a heart attack?
He wasn't going to give me
any more time,
so I grabbed my chest
and I said
I had to go to my doctor.
He says,
"If this happens again,
"Then somebody else is
going to have to try it
'cause the case is
going forward no matter what."
You're the only one
who can try this case.
We don't know it well enough.
Which is why I ought to be
checking out tonight.
Hand me my pants, would you?
So you're going forward?
He says he's ready.
Exhibits?
They've been delivered
to the courthouse.
Do you guys
have any chance?
That isn't encouragement,
Ellenor.
The first chance you get
to settle --
Don't worry.
Are we ready?
We're ready.
All right.
Annie Mullin came to me
with a sinus infection.
I first treated it
with another antibiotic.
When that didn't work,
I prescribed Reflexin.
Reflexin -- This is
also an antibiotic?
-That's correct.
-And what happened?
After taking the drug,
she almost immediately
went into
acute liver failure,
ultimately resulting
in two transplants.
In your medical opinion,
ma'am,
did Reflexin cause
this liver failure?
I cannot state it
to a medical certainty,
but I can think of no cause
other than the Reflexin.
Objection.
Doctor, did you know
that Reflexin was dangerous?
Objection -- No foundation.
Sustained.
What were your expectations
regarding the safety
of this antibiotic, doctor?
I was aware that it hadn't
been tested on children,
but neither are about
80% of the drugs
on the market today.
Obviously, I didn't consider it
to be dangerous.
If I did, I wouldn't have
prescribed it.
But this is an adult drug.
Yes, but we have to prescribe
adult drugs to children
because
the pharmaceutical companies
test so few of them on kids.
And to your knowledge,
do many pediatricians
prescribe adult drugs
to children?
We all do routinely.
All right, doctor,
would you tell the court
how you first learned
about Reflexin?
The same way I hear
about all new drugs.
The company
sends out a rep --
He's called a detail person --
To promote the product.
Did this detail person
say anything
about the safety of Reflexin?
He represented it to me
as very safe.
Did he warn you
about giving it to kids?
No, he did not.
Doctor, you were sued
by the Mullins,
and you settled out of court,
did you not?
On the advice of my lawyer,
I settled the claim, yes.
Now as part of that
settlement agreement,
you agreed to assist
the plaintiff
in pursuing her claims
against other parties.
Yes, but I only agreed
to tell the truth,
which is
what I've done here.
The, uh...
The literature
that you received
from my client's
detail person
included all
labeling information,
-did it not, doctor?
-Yes.
And I show you a copy
of that information
now marked and identified
as exhibit "A."
Could you read
the highlighted section?
"Not proven safe
and effective
"For children
under 16 years of age."
And yet you prescribed it
to a 13-year-old girl?
It's done all the time.
Thank you, doctor.
Mr. Bassett, redirect?
Can you think
of anything else?
No. You got
what you can from her,
and you don't want
to give Rapherson
another whack at cross.
Right.
Harland...
Tell the judge
you have nothing further.
Uh, nothing further
from this witness, your honor.
Looking at the biopsy
on her liver,
I concluded to a reasonable
degree of medical certainty
that drug toxicity was
the cause for the failure.
Do you know which drug
caused this toxicity?
It had to be the Reflexin.
Two weeks after she took it,
she needed
an emergency transplant.
She had no medical history
that made her susceptible,
and I found no other factors
that would have contributed
to the failure.
Okay, Doctor.
Can you tell us
why the Reflexin would have
caused her liver to fail?
All drugs are metabolized
through either the liver
or the kidneys,
and sometimes the drug
can simply
overwhelm the liver.
Can it attack children
in particular?
Children are
especially vulnerable.
They have immature livers,
and for a number of reasons,
they cannot be treated simply
as small adults.
That's why this drug should
have been tested on children.
Was it?
No.
Are you aware
of any research or data
that suggests Reflexin
causes liver failure?
Hayden's own data indicated
abnormal levels
of liver activity.
That's from their own study.
Now in this data
that you referred to,
what percent
of the participants
had an elevated
liver function?
I believe it was 2%.
2%.
Are there other drugs
on the market that cause
similar levels
of elevated liver activity?
Yes.
-A few? Many?
-Many.
Do you know
how many people would die
if we took them
off the market?
Objection -- Speculative.
Sustained.
Doctor,
you spoke about children
being especially vulnerable.
Isn't it true
that children's livers
are typically more resilient
than adults?
Typically, yes,
but not always.
Thank you, doctor.
It was a good start --
Solid.
It was?
It seemed like the doctors
admitted they weren't sure.
Well, we knew they'd have to.
That's what we talked about
last night --
Proof is tough,
but Harland did a good job.
Why is he breathing
into that bag?
It works.
I do it all the time.
You get more oxygen
that way.
So what's next?
Annie's next.
You ready, Annie?
Yes.
Now, you going to have
to be brave up there.
I'm ready.
You're going to do great.
While she's testifying,
I do not want you
to move.
Not at all?
Not at all.
She's our case, Harland.
Now if they're going
to budge on settling,
Annie's testimony
will have to do it.
We need every juror's eyes
on her.
Okay.
We're almost there,
aren't we?
We haven't even finished
putting in our case.
After that,
they put on a defense.
Right.
Let's go.
I threw up a lot,
but I thought it was
the stomach flu,
then I was
on the bus to school
and I passed out.
What happened?
They said my liver
stopped working
and I needed another one.
And then?
Then I got really sick
for a few weeks.
My eyes and skin
turned yellow
and I lost
all this weight,
but then they found
a new liver.
So you got a transplant?
Yeah...
But it didn't work.
Tell us how it didn't work.
My body started to reject
the replacement liver.
I got really sick.
It took a long time
to find another one.
Longer than the first one?
Yes. I wasn't
as high on the list anymore
because they thought...
That my body would reject
the next liver, too.
Is everything
going to be okay now?
I don't know.
My body's still having
some problems.
They had me on these
anti-rejection pills
that I have to take every day
for the rest of my life,
and that make me more likely
to get stuff like infections
and cancer.
Annie, what if you need
a third transplant?
I probably
wouldn't get it.
I'm too far
down the list.
Thank you, Annie.
I'm very sorry
about your illness, Annie.
I know that everybody
in this room
wishes you
a complete recovery.
Thank you.
I'm going to just ask you
a few questions.
If at any time
you want to take a break,
I'm sure we can do that.
Okay?
Okay.
When the doctors
were diagnosing you,
did they ask whether you had
taken any other drugs
or taken
too many pain relievers?
I think so, yeah.
Do you remember
what your answer was?
I told them that I hadn't,
except for
the other antibiotics.
Okay.
You know they were asking
about other possible reasons
your liver failed.
Yes.
You also told them
you hadn't drunk alcohol,
right?
Yes.
Now, Annie...
Remember a sleepover
at your friend
Robin Cohen's house
a few weeks
before you fell ill?
I think so.
If we brought Robin here
and asked whether you
and the other girls drank
from her father's
liquor cabinet...
What would she say?
I hardly had anything.
So you had some.
Yes.
You didn't tell that
to the doctors,
though, did you?
No.
Are there any other things
you didn't tell the doctors?
No.
Okay.
Prior
to your taking Reflexin,
you'd taken
other antibiotics, right?
Yes.
And you'd had a flu
a few weeks before this?
Yes.
Did you take
any cough medicine?
-Yes.
-Pain relievers?
Yes.
Okay, Annie,
that's actually all I have.
And again,
let me extend my wishes
that you have a complete
and healthy recovery.
Thank you.
Annie, how much alcohol
have you had in your life?
I've had, like,
two sips of vodka.
That's it.
I hated it.
And did you tell
the truth to the doctors
for all the other questions
they asked you?
Yes.
Thank you, Annie.
Eugene's going to dinner
with the defense lawyer.
They've now seen our case.
If we're going
to get an offer,
this would be the time.
It's a good sign
that he's willing
to have dinner, right?
We hope.
I'm sorry.
Sorry?
Why, sweetheart?
For not telling you
about that sleepover
and the alcohol.
Hey,
you did great up there.
That was just a cheap trick.
It'll backfire. You watch.
The doctor said it, John.
Toxicity to the liver
caused the failure.
He ruled out everything
but Reflexin.
I thought
I crossed him okay.
But the bottom line is
it's in the record,
plus we have a very
sympathetic little girl.
You're preaching
to the choir.
I've been trying
to convince Hayden
to offer something.
Trust me, I don't like
going up
against little girls.
So what gives?
I think they're angry.
Your client?
The pediatrician dropped
the ball here, Eugene.
I'm not saying doctors
don't prescribe off label.
I know they do,
but she should have
at least monitored the girl.
Now, for her to settle out
with a promise
to testify
against the drug company --
She's not the first doctor
to do that.
Exactly, which is why
they're so angry.
Give me something.
Come on, admit it.
Harland Bassett has done
better than you thought.
If it were up to me...
But it isn't.
Okay.
We just keep going.
Their first witness
is the hepatologist.
Dr. Peter Kendall.
Reflexin is not
the most likely cause
of Miss Mullin's
liver damage.
Can you be sure
of that, Dr. Kendall?
Viral infections are
the most common cause
of liver failure in children.
This girl was coming off
a stomach flu,
and that's probably
the very infection
that led
to her liver injury.
Can you state this
to a medical certainty, doctor?
Not a certainty.
You have to understand
that the cause of most cases
of liver failure
in children is unknown.
So in a majority of cases,
there's no cause found.
That's correct, but here,
we know she had
a viral infection,
which we can isolate
as the most likely culprit.
Doctor, isn't it true
that the vast majority
of stomach flus
do not cause liver failure?
Neither do most drugs.
But the speed at which
Annie's liver failed
is more consistent
with drug toxicity, isn't it?
In general, yes.
You can't rule out Reflexin
as a cause
of Annie's injuries, can you?
Well, the question is not --
You can't rule it out,
can you?
No.
And, doctor, how many times
have you testified
for drug companies?
I can't be sure.
-More than 50?
-Yes.
More than 100?
Probably.
And in all these appearances,
have you ever testified
for a plaintiff?
No, I haven't.
I'll take them
to the witness room.
Am I crazy,
or is Harland --
He was good just then.
He was.
Eugene,
we've put in our case,
we just had
their first witness,
and we're in this.
Nobody's laughing in there.
Yeah, but now come
their big guns.
I know...
But nobody's laughing.
For a drug to be approved
in the United States,
it needs to go through
an incredible testing process.
When you say "Incredible" --
I mean hundreds
of millions of dollars.
First comes testing
on a cellular level,
then animals.
The last step
is clinical trials on humans.
Then what?
Then the company turns over
its clinical data
to the FDA medical officers.
They review the data,
then they convene
an advisory panel of outside
independent specialists
who give an opinion,
which the FDA may
or may not follow.
What does it mean to have
approval from the FDA?
It's the gold standard.
Meaning?
The United States
has the safest,
most rigorous
pharmaceutical testing
process in the world.
Many, many drugs
are available overseas
that are prohibited here
for safety reasons.
In fact,
a number of states
limit the liability
of drug manufacturers
from suits if their product
is FDA approved.
-Objection.
-Sustained.
Jury will disregard.
From your review
of the data,
did Hayden laboratories
comply
with testing requirements
for Reflexin?
Absolutely.
Thank you, Doctor.
HARLAND: In the last
four years,
11 different drugs have been
pulled off the market
after the FDA approved them.
Isn't that correct?
Yes.
Duract -- Painkiller,
linked to liver failure.
That was one of them.
Objection. This trial
is about Reflexin --
They opened the door,
your honor.
This witness testified
that the FDA's approval
was the gold standard.
Objection overruled.
Lotronex --
Irritable bowel syndrome,
suspected cause
of five deaths.
Yes.
Propulsid -- Heartburn.
Suspected
in over 300 deaths.
-Yes, but --
-Seldane, Rezulin,
the list goes on.
All approved by the FDA,
all pulled
because of safety concerns.
The fact that these drugs
were withdrawn
shows that
the system works,
that the FDA investigators
are doing their job.
Think the 20 million Americans
who took those drugs
believe the system works?
Objection.
Sustained.
The fact that the FDA
approved Reflexin
doesn't establish it's safe,
does it, doctor?
There are never
any guarantees.
I am extremely proud
of Reflexin.
It kills
bacterial infections
that can lead to pneumonia
and meningitis.
It saves lives
every single day.
Are you satisfied, sir,
that it's safe?
Absolutely,
when used as directed.
Here, it was not used
as directed.
It is not intended
for children.
Now, I don't believe
that Reflexin caused
Annie Mullin's injuries.
Nevertheless, it should never
have been prescribed.
That's why our label
is clear --
"Not proven safe
for children under 16."
What else can we do?
We cannot be held
responsible
for every doctor
who ignores our warnings.
Thank you, Mr. Yates.
Eugene.
Can you take this one?
What?
I'm feeling...
Overwhelmed.
Look, Harland,
I really don't think
we should let
what that witness just said
hang with the jury.
The sooner we defuse it,
the better.
The FDA advisory committee
that approved your drug
was comprised
of 12 doctors, correct?
Yes.
And seven of them
had financial ties
to your company, didn't they?
We fund research,
Mr. Bassett.
I mean, if that qualifies
as financial ties,
then, technically,
you may be correct.
Fact is,
the drug industry
is the major source
of funding for doctors
who study the safety
and efficacy of drugs.
Isn't that right,
Mr. Yates?
I believe so.
And if a doctor's studies
don't come out like you want,
he's not going to get a grant
next time around
for his research, is he?
That's not true.
As part
of their compensation,
you offer these doctors
stock options
in Hayden labs,
don't you?
Sometimes.
You make it in their
financial interest
to make favorable findings.
These are doctors
that you're talking about.
They are going
to do what's right.
They're doctors.
They're going
to do what's right.
-Objection -- Argumentative.
-Sustained.
What's the average
review time
for FDA approval?
A little over a year.
How long did the FDA
review the application
for Reflexin?
We were granted
an expedited review.
How long?
Six months.
Do you think the FDA
might have caught
the problems with Reflexin
if they took
the normal review time?
There were no problems
to catch.
Really?
No problems to catch?
What is
an adverse drug report?
It's a form
filled out by a doctor
when a patient suffers
an unexpected reaction
that might --
And I stress might --
Be related
to a prescription drug.
I'm holding
six adverse drug reports
which list Reflexin
as primary suspect
in liver damage.
Four involve children.
You're talking six reports
out of 2 million
prescriptions.
But doctors aren't required
to file these reports,
are they, Mr. Yates?
Some experts estimate
six reports
translates to 600
actual complications.
I disagree.
You are aware
that doctors
are prescribing Reflexin
to kids, aren't you?
All we can do is to make
the appropriate warning.
We can't control
what doctors do.
Yes or no.
You know doctors
are prescribing it to kids.
Yes.
Hayden Labs made
$265 million
on Reflexin last year,
didn't they?
-Objection.
-Overruled.
$265 million.
How much of that came
from off-label use by children?
Some.
Some.
Children are good business,
aren't they, Mr. Yates?
-Objection.
-Overruled.
You don't test children
'cause you don't want
to know what you'd find.
That is untrue.
Why do you only test adults
when you know your drug
is going to kids?
(sighs)
We limited our research
and market to adults
because the product
is intended for adults.
Again, we cannot control
what the doctors do.
But when doctors prescribe
Reflexin to kids,
you don't issue
a stronger warning.
You don't do anything
about it.
You just take the money.
Objection!
Sustained.
Truthfully, you have researched
children, haven't you?
This is your research.
Six isolated cases
is not data, Mr. Bassett.
How about seven?
You did great.
He did great.
So now what?
Closing arguments.
A good close
and we have a chance.
I haven't
written it yet.
You'll do it tonight.
(knock on door)
Can we get together?
We'll be right out.
-Here comes the offer.
-Oh, my God.
-What?
-All right, listen,
we need
to pick a number.
I need to go out there
with a number.
$600,000.
They won't pay $600,000.
-$200,000.
-Harland, you don't
have to cave that much.
How do you go
from $600,000 to $200,000?
I'm confused.
Look, liability
is still shaky.
Last night,
the number was zero.
Right now,
I think $400,000 is possible.
$225,000.
That was
a half a million-dollar cross
if I ever heard one.
$225,000 was as high
as he authorized me.
I'm not playing
poker here.
I could convince him
to throw in your fees.
You took it
on a contingency.
That's another $60,000
or so.
Let's say goodbye to this
at $300,000.
$400,000
and we'll sign off.
Can't do it, Eugene.
$300,000's the number.
No.
Okay.
We get to do this
one more day.
We just turned down
$300,000.
Lucy?
Guys.
Guys?
What time is it?
7:30.
How late were you up?
We just laid down
to take a break
at 4:00 or so.
-Do we have any coffee?
-I'll make some.
I need new clothes.
I can't close in this.
You got plenty of time.
It's early.
When are you due in?
9:00.
Okay, so you don't
have plenty of time.
I got to go home
and change.
I'll meet you guys
there.
They offered $300,000.
And you turned it down?
I know we can get
another $100,000
if he closes well.
Or it could
go back to zero.
Have you ever heard
Harland Bassett close?
It isn't pretty.
He's different
this trial, Bobby.
He's in some kind
of zone.
In a zone?
When have you ever,
ever known him
not to screw things up?
If you give him
enough time...
We all know
to warn our kids
about the kind of drugs
you buy on a street corner.
We know
to steer them away
from shady dealers
and back alleys.
But what we don't know
is that
they are twice as likely
to die from the drugs
in our own medicine cabinets.
James and Christine Mullin
told their daughter
to take her medicine because
it would make her feel better.
Look at her.
A simple antibiotic.
Two weeks later,
she lost her liver
and her opportunity
for a normal life.
The defense
would have you believe
that her doctor bears
all the responsibility,
but this ignores
one critical fact.
Hayden Labs knew
that once Reflexin
was approved for adults,
it would make its way
to children.
80% of the drugs
on the market today
are not adequately
tested on kids.
80%.
And it's common practice
for doctors
to prescribe these medications
to children.
Now, knowing this,
what does Hayden Labs do?
They slip in the most innocuous
warning they can,
while at the same time
marketing the drug
to pediatricians.
But saying "Not proven
safe or effective"
is not the same
as warning
it could be dangerous,
and they knew it.
It's hard to wage a battle
against
a big pharmaceutical company.
This is
a $100 billion industry.
I'm sorry, your honor,
I'm loath to object
during a closing,
but this is
neither relevant --
It is relevant.
The revenues they generate
are relevant
to the extent
that they control research.
I'll give you
a short leash, Mr. Bassett,
but keep it
about the case.
The drug companies --
They fund the research.
They pay many doctors
who are in charge of testing
whether a drug is safe,
and some drugs get to the market
that are unsafe.
In the last four years alone,
20 million Americans
took drugs
that were pulled off the market
because of safety reasons.
20 million.
And I submit that when Reflexin
is finally tested on kids,
it, too,
will probably be pulled,
but Hayden Labs --
They're not going to test it,
ladies and gentlemen.
Oh, not if they can help it.
The problem
with test results
is you're stuck with them.
And they don't want
any test proving
what Annie Mullin
already knows --
That this drug
can cause liver failure.
It caused hers.
They don't care,
ladies and gentlemen.
They don't give a damn.
And the FDA?
They rely on clinical
and advisory panels
that are bankrolled
by these people.
In the end,
it's not about safety.
It's not about compassion.
It's not about little girls
like Annie.
It's about money.
That's all they understand.
Go back to that jury room
and return with a number
that'll make them understand.
That was very impassioned.
However, cases are decided
on fact and merit,
not passion.
Fact --
The cause of most liver failure
in children is unknown.
Fact --
It's much more likely
that Miss Mullin's stomach flu
caused her liver failure
than any drug she took.
Fact --
The FDA reviewed Reflexin
and found it
to be safe and effective
when used as directed.
Fact --
The FDA still approves Reflexin.
Fact -- We warned doctors
not to use it
on children under 16.
Fact -- Miss Mullin's doctor
read that warning
and still prescribed it.
Mr. Bassett
would have you believe
that the evil
pharmaceutical companies
are out there killing people
for profit.
Reflexin is in the family
of antibiotics
that has saved
millions of lives.
All right, yes,
the drug companies
fund research.
Does this mean
that the findings are bought?
Absolutely not,
and there is no evidence
to suggest otherwise.
They pay for this research
to get it done,
to be able to discover
lifesaving medicines.
We all live longer,
more enriched lives
because of those medicines.
Reflexin is one such
lifesaving medication.
Now, do we know
some doctors
might possibly prescribe it
to children?
Yes.
So we clearly warn them.
"Not proven safe
for children."
What else can we do?
What else can we do?
No matter what happens,
Harland,
you tried a great case.
I still wish I could have
done more with the medicals.
There isn't more.
It's not like the truth
is out there somewhere.
I don't know
how I'm ever going
to be able to repay you.
Me?
I just sat there.
Yeah, right.
$400,000 -- Sealed.
I need a second
with co-counsel.
I don't know
how to advise you.
I can't say
we're going to win,
but if we win,
it should be
more than $400,000.
What does your gut
tell you?
Only that
I got to throw up.
No matter what, we got
to run it by the client.
If they're offering
$400,000,
do you think
they'd go higher?
This lawyer doesn't
really play that way.
He just puts it out.
Now, that's not to say
we couldn't chip it up some,
but --
Harland, six months ago,
we put ourselves
in your hands.
Let's go to verdict.
Harland.
They never thought
we'd get this far, Eugene.
Let's go to verdict.
Let me see if I can
get it up to $600,000.
No.
Let's go to verdict.
You understand, Mr. Mullin,
that this could --
I understand
that Harland took us here.
I'm going
to follow his instinct.
(pager beeps)
Jerry's back?
Who's Jerry?
Jury.
The jury's back.
Let's go.
And, Eugene --
I'm sure.
Okay.
$600,000.
No.
Can you get a read?
No.
Mr. Foreman,
have you reached a verdict?
We have, your honor.
What say you?
In the matter
of Anne Mullin
vs. Hayden Laboratories...
We find in favor
of the plaintiff
Anne Mullin,
and we order the defendant
to pay compensatory damages
in the amount
of $5.6 million.
(audience gasping
and murmuring)
The defendant
moves for a judgment
notwithstanding
the verdict.
The evidence
never established causation,
and no reasonable jury
could find that it did.
In the alternative,
we're entitled
to a new trial.
Denied.
Members of the jury,
this concludes your service.
Your judgment is so entered,
and you are dismissed
with thanks from the court.
(sniffs)
How about that?
Yeah.
You look like
you're about to cry.
Yeah...
And if you tell anybody,
I'll kill you.
♪ (theme)
You stinker!
"The Practice..."
I got a lewd and
lascivious scheduled
for trial this morning,
but Judge Hiller,
she's ordered me
to get co-counsel.
Why?
Something about how
I've never won a trial.
Bobby, it's bad for us
to even be associated
with Harland Bassett.
-He's a nice guy.
-Yeah, and the world's
worst attorney.
I do not want to be
in court with that man.
If I have you guys
on board as co-counsel,
I know I could chip
the settlement up.
Every time I sign up with you,
I end up getting embarrassed.
That's not going
to happen this time.
What's this case
and what's our involvement?
Product liability
against a drug company
that injured a little girl.
Harland --
This guy ponies you up
every time.
I told him I'd join him
for a settlement conference.
That's all it will be.
-Gentlemen, come right in.
-That's John Rapherson.
You know him?
The man is one
of the top three
civil litigators in Boston.
Our client has directed us
not to settle.
We just beat the EPA
for over $30 million
on injuries that weren't
even as bad.
They beat the EPA,
Mr. Bassett.
Now while I salute
your last-minute ingenuity
in signing them up
for shock value,
we know who opposing counsel
really is.
Eugene, this is Christine
and Annie Mullin, our clients.
-Hello.
-That drug did this to her?
Every bit of it.
Six months ago
she was completely healthy.
Annie,
you up for a fight?
Yes.
You tough enough to take on
the drug company?
I'll be as tough
as I need to be.
The big hurdle
is causation --
Proving the drug caused
Annie's liver failure.
And do we have to prove it
beyond a reasonable doubt?
No, that's
a criminal standard.
The burden here is
the preponderance
of the evidence.
Where is Harland?
He should be right in.
Mr. And Mrs. Mullin,
we don't think we'll win.
Our goal here --
If we can do well enough
that we might win, then we
should be able to settle
because Hayden Laboratories
can't risk losing.
Does that make sense?
Yeah, I think so.
Let me check on Harland.
Harland,
the Mullins are waiting.
Oh, could you take
the meeting, Eugene?
Take the meeting?
It's a pretrial.
They want to talk to you.
I'm just...
What's wrong?
I'm having a little anxiety.
It's nothing. Had it before.
It goes away.
What goes away?
What exactly
are you feeling?
My breathing
gets a little hard.
I just need
a few minutes.
So...
Should I tell them
to wait?
No.
I'm okay.
Harland?
Okay.
Okay.
I can't get air.
Harland!
♪ (theme)
I want to do one more test,
but from everything I can see,
it was just an anxiety attack.
-Your heart looks fine.
-Thank God.
We can keep you overnight,
or you can leave, if you want.
No, I got to leave.
I'm in trial in six hours.
Harland, I think
we can get a continuance.
I wouldn't be so sure,
Eugene.
This judge said
the last one was final.
But this is medical. You had
a near heart attack, so --
That's the problem.
Could I have a second?
Absolutely.
I'll check back.
The last continuance I got,
I, uh...
I sort of faked
a heart attack.
What do you mean you
sort of faked a heart attack?
He wasn't going to give me
any more time,
so I grabbed my chest
and I said
I had to go to my doctor.
He says,
"If this happens again,
"Then somebody else is
going to have to try it
'cause the case is
going forward no matter what."
You're the only one
who can try this case.
We don't know it well enough.
Which is why I ought to be
checking out tonight.
Hand me my pants, would you?
So you're going forward?
He says he's ready.
Exhibits?
They've been delivered
to the courthouse.
Do you guys
have any chance?
That isn't encouragement,
Ellenor.
The first chance you get
to settle --
Don't worry.
Are we ready?
We're ready.
All right.
Annie Mullin came to me
with a sinus infection.
I first treated it
with another antibiotic.
When that didn't work,
I prescribed Reflexin.
Reflexin -- This is
also an antibiotic?
-That's correct.
-And what happened?
After taking the drug,
she almost immediately
went into
acute liver failure,
ultimately resulting
in two transplants.
In your medical opinion,
ma'am,
did Reflexin cause
this liver failure?
I cannot state it
to a medical certainty,
but I can think of no cause
other than the Reflexin.
Objection.
Doctor, did you know
that Reflexin was dangerous?
Objection -- No foundation.
Sustained.
What were your expectations
regarding the safety
of this antibiotic, doctor?
I was aware that it hadn't
been tested on children,
but neither are about
80% of the drugs
on the market today.
Obviously, I didn't consider it
to be dangerous.
If I did, I wouldn't have
prescribed it.
But this is an adult drug.
Yes, but we have to prescribe
adult drugs to children
because
the pharmaceutical companies
test so few of them on kids.
And to your knowledge,
do many pediatricians
prescribe adult drugs
to children?
We all do routinely.
All right, doctor,
would you tell the court
how you first learned
about Reflexin?
The same way I hear
about all new drugs.
The company
sends out a rep --
He's called a detail person --
To promote the product.
Did this detail person
say anything
about the safety of Reflexin?
He represented it to me
as very safe.
Did he warn you
about giving it to kids?
No, he did not.
Doctor, you were sued
by the Mullins,
and you settled out of court,
did you not?
On the advice of my lawyer,
I settled the claim, yes.
Now as part of that
settlement agreement,
you agreed to assist
the plaintiff
in pursuing her claims
against other parties.
Yes, but I only agreed
to tell the truth,
which is
what I've done here.
The, uh...
The literature
that you received
from my client's
detail person
included all
labeling information,
-did it not, doctor?
-Yes.
And I show you a copy
of that information
now marked and identified
as exhibit "A."
Could you read
the highlighted section?
"Not proven safe
and effective
"For children
under 16 years of age."
And yet you prescribed it
to a 13-year-old girl?
It's done all the time.
Thank you, doctor.
Mr. Bassett, redirect?
Can you think
of anything else?
No. You got
what you can from her,
and you don't want
to give Rapherson
another whack at cross.
Right.
Harland...
Tell the judge
you have nothing further.
Uh, nothing further
from this witness, your honor.
Looking at the biopsy
on her liver,
I concluded to a reasonable
degree of medical certainty
that drug toxicity was
the cause for the failure.
Do you know which drug
caused this toxicity?
It had to be the Reflexin.
Two weeks after she took it,
she needed
an emergency transplant.
She had no medical history
that made her susceptible,
and I found no other factors
that would have contributed
to the failure.
Okay, Doctor.
Can you tell us
why the Reflexin would have
caused her liver to fail?
All drugs are metabolized
through either the liver
or the kidneys,
and sometimes the drug
can simply
overwhelm the liver.
Can it attack children
in particular?
Children are
especially vulnerable.
They have immature livers,
and for a number of reasons,
they cannot be treated simply
as small adults.
That's why this drug should
have been tested on children.
Was it?
No.
Are you aware
of any research or data
that suggests Reflexin
causes liver failure?
Hayden's own data indicated
abnormal levels
of liver activity.
That's from their own study.
Now in this data
that you referred to,
what percent
of the participants
had an elevated
liver function?
I believe it was 2%.
2%.
Are there other drugs
on the market that cause
similar levels
of elevated liver activity?
Yes.
-A few? Many?
-Many.
Do you know
how many people would die
if we took them
off the market?
Objection -- Speculative.
Sustained.
Doctor,
you spoke about children
being especially vulnerable.
Isn't it true
that children's livers
are typically more resilient
than adults?
Typically, yes,
but not always.
Thank you, doctor.
It was a good start --
Solid.
It was?
It seemed like the doctors
admitted they weren't sure.
Well, we knew they'd have to.
That's what we talked about
last night --
Proof is tough,
but Harland did a good job.
Why is he breathing
into that bag?
It works.
I do it all the time.
You get more oxygen
that way.
So what's next?
Annie's next.
You ready, Annie?
Yes.
Now, you going to have
to be brave up there.
I'm ready.
You're going to do great.
While she's testifying,
I do not want you
to move.
Not at all?
Not at all.
She's our case, Harland.
Now if they're going
to budge on settling,
Annie's testimony
will have to do it.
We need every juror's eyes
on her.
Okay.
We're almost there,
aren't we?
We haven't even finished
putting in our case.
After that,
they put on a defense.
Right.
Let's go.
I threw up a lot,
but I thought it was
the stomach flu,
then I was
on the bus to school
and I passed out.
What happened?
They said my liver
stopped working
and I needed another one.
And then?
Then I got really sick
for a few weeks.
My eyes and skin
turned yellow
and I lost
all this weight,
but then they found
a new liver.
So you got a transplant?
Yeah...
But it didn't work.
Tell us how it didn't work.
My body started to reject
the replacement liver.
I got really sick.
It took a long time
to find another one.
Longer than the first one?
Yes. I wasn't
as high on the list anymore
because they thought...
That my body would reject
the next liver, too.
Is everything
going to be okay now?
I don't know.
My body's still having
some problems.
They had me on these
anti-rejection pills
that I have to take every day
for the rest of my life,
and that make me more likely
to get stuff like infections
and cancer.
Annie, what if you need
a third transplant?
I probably
wouldn't get it.
I'm too far
down the list.
Thank you, Annie.
I'm very sorry
about your illness, Annie.
I know that everybody
in this room
wishes you
a complete recovery.
Thank you.
I'm going to just ask you
a few questions.
If at any time
you want to take a break,
I'm sure we can do that.
Okay?
Okay.
When the doctors
were diagnosing you,
did they ask whether you had
taken any other drugs
or taken
too many pain relievers?
I think so, yeah.
Do you remember
what your answer was?
I told them that I hadn't,
except for
the other antibiotics.
Okay.
You know they were asking
about other possible reasons
your liver failed.
Yes.
You also told them
you hadn't drunk alcohol,
right?
Yes.
Now, Annie...
Remember a sleepover
at your friend
Robin Cohen's house
a few weeks
before you fell ill?
I think so.
If we brought Robin here
and asked whether you
and the other girls drank
from her father's
liquor cabinet...
What would she say?
I hardly had anything.
So you had some.
Yes.
You didn't tell that
to the doctors,
though, did you?
No.
Are there any other things
you didn't tell the doctors?
No.
Okay.
Prior
to your taking Reflexin,
you'd taken
other antibiotics, right?
Yes.
And you'd had a flu
a few weeks before this?
Yes.
Did you take
any cough medicine?
-Yes.
-Pain relievers?
Yes.
Okay, Annie,
that's actually all I have.
And again,
let me extend my wishes
that you have a complete
and healthy recovery.
Thank you.
Annie, how much alcohol
have you had in your life?
I've had, like,
two sips of vodka.
That's it.
I hated it.
And did you tell
the truth to the doctors
for all the other questions
they asked you?
Yes.
Thank you, Annie.
Eugene's going to dinner
with the defense lawyer.
They've now seen our case.
If we're going
to get an offer,
this would be the time.
It's a good sign
that he's willing
to have dinner, right?
We hope.
I'm sorry.
Sorry?
Why, sweetheart?
For not telling you
about that sleepover
and the alcohol.
Hey,
you did great up there.
That was just a cheap trick.
It'll backfire. You watch.
The doctor said it, John.
Toxicity to the liver
caused the failure.
He ruled out everything
but Reflexin.
I thought
I crossed him okay.
But the bottom line is
it's in the record,
plus we have a very
sympathetic little girl.
You're preaching
to the choir.
I've been trying
to convince Hayden
to offer something.
Trust me, I don't like
going up
against little girls.
So what gives?
I think they're angry.
Your client?
The pediatrician dropped
the ball here, Eugene.
I'm not saying doctors
don't prescribe off label.
I know they do,
but she should have
at least monitored the girl.
Now, for her to settle out
with a promise
to testify
against the drug company --
She's not the first doctor
to do that.
Exactly, which is why
they're so angry.
Give me something.
Come on, admit it.
Harland Bassett has done
better than you thought.
If it were up to me...
But it isn't.
Okay.
We just keep going.
Their first witness
is the hepatologist.
Dr. Peter Kendall.
Reflexin is not
the most likely cause
of Miss Mullin's
liver damage.
Can you be sure
of that, Dr. Kendall?
Viral infections are
the most common cause
of liver failure in children.
This girl was coming off
a stomach flu,
and that's probably
the very infection
that led
to her liver injury.
Can you state this
to a medical certainty, doctor?
Not a certainty.
You have to understand
that the cause of most cases
of liver failure
in children is unknown.
So in a majority of cases,
there's no cause found.
That's correct, but here,
we know she had
a viral infection,
which we can isolate
as the most likely culprit.
Doctor, isn't it true
that the vast majority
of stomach flus
do not cause liver failure?
Neither do most drugs.
But the speed at which
Annie's liver failed
is more consistent
with drug toxicity, isn't it?
In general, yes.
You can't rule out Reflexin
as a cause
of Annie's injuries, can you?
Well, the question is not --
You can't rule it out,
can you?
No.
And, doctor, how many times
have you testified
for drug companies?
I can't be sure.
-More than 50?
-Yes.
More than 100?
Probably.
And in all these appearances,
have you ever testified
for a plaintiff?
No, I haven't.
I'll take them
to the witness room.
Am I crazy,
or is Harland --
He was good just then.
He was.
Eugene,
we've put in our case,
we just had
their first witness,
and we're in this.
Nobody's laughing in there.
Yeah, but now come
their big guns.
I know...
But nobody's laughing.
For a drug to be approved
in the United States,
it needs to go through
an incredible testing process.
When you say "Incredible" --
I mean hundreds
of millions of dollars.
First comes testing
on a cellular level,
then animals.
The last step
is clinical trials on humans.
Then what?
Then the company turns over
its clinical data
to the FDA medical officers.
They review the data,
then they convene
an advisory panel of outside
independent specialists
who give an opinion,
which the FDA may
or may not follow.
What does it mean to have
approval from the FDA?
It's the gold standard.
Meaning?
The United States
has the safest,
most rigorous
pharmaceutical testing
process in the world.
Many, many drugs
are available overseas
that are prohibited here
for safety reasons.
In fact,
a number of states
limit the liability
of drug manufacturers
from suits if their product
is FDA approved.
-Objection.
-Sustained.
Jury will disregard.
From your review
of the data,
did Hayden laboratories
comply
with testing requirements
for Reflexin?
Absolutely.
Thank you, Doctor.
HARLAND: In the last
four years,
11 different drugs have been
pulled off the market
after the FDA approved them.
Isn't that correct?
Yes.
Duract -- Painkiller,
linked to liver failure.
That was one of them.
Objection. This trial
is about Reflexin --
They opened the door,
your honor.
This witness testified
that the FDA's approval
was the gold standard.
Objection overruled.
Lotronex --
Irritable bowel syndrome,
suspected cause
of five deaths.
Yes.
Propulsid -- Heartburn.
Suspected
in over 300 deaths.
-Yes, but --
-Seldane, Rezulin,
the list goes on.
All approved by the FDA,
all pulled
because of safety concerns.
The fact that these drugs
were withdrawn
shows that
the system works,
that the FDA investigators
are doing their job.
Think the 20 million Americans
who took those drugs
believe the system works?
Objection.
Sustained.
The fact that the FDA
approved Reflexin
doesn't establish it's safe,
does it, doctor?
There are never
any guarantees.
I am extremely proud
of Reflexin.
It kills
bacterial infections
that can lead to pneumonia
and meningitis.
It saves lives
every single day.
Are you satisfied, sir,
that it's safe?
Absolutely,
when used as directed.
Here, it was not used
as directed.
It is not intended
for children.
Now, I don't believe
that Reflexin caused
Annie Mullin's injuries.
Nevertheless, it should never
have been prescribed.
That's why our label
is clear --
"Not proven safe
for children under 16."
What else can we do?
We cannot be held
responsible
for every doctor
who ignores our warnings.
Thank you, Mr. Yates.
Eugene.
Can you take this one?
What?
I'm feeling...
Overwhelmed.
Look, Harland,
I really don't think
we should let
what that witness just said
hang with the jury.
The sooner we defuse it,
the better.
The FDA advisory committee
that approved your drug
was comprised
of 12 doctors, correct?
Yes.
And seven of them
had financial ties
to your company, didn't they?
We fund research,
Mr. Bassett.
I mean, if that qualifies
as financial ties,
then, technically,
you may be correct.
Fact is,
the drug industry
is the major source
of funding for doctors
who study the safety
and efficacy of drugs.
Isn't that right,
Mr. Yates?
I believe so.
And if a doctor's studies
don't come out like you want,
he's not going to get a grant
next time around
for his research, is he?
That's not true.
As part
of their compensation,
you offer these doctors
stock options
in Hayden labs,
don't you?
Sometimes.
You make it in their
financial interest
to make favorable findings.
These are doctors
that you're talking about.
They are going
to do what's right.
They're doctors.
They're going
to do what's right.
-Objection -- Argumentative.
-Sustained.
What's the average
review time
for FDA approval?
A little over a year.
How long did the FDA
review the application
for Reflexin?
We were granted
an expedited review.
How long?
Six months.
Do you think the FDA
might have caught
the problems with Reflexin
if they took
the normal review time?
There were no problems
to catch.
Really?
No problems to catch?
What is
an adverse drug report?
It's a form
filled out by a doctor
when a patient suffers
an unexpected reaction
that might --
And I stress might --
Be related
to a prescription drug.
I'm holding
six adverse drug reports
which list Reflexin
as primary suspect
in liver damage.
Four involve children.
You're talking six reports
out of 2 million
prescriptions.
But doctors aren't required
to file these reports,
are they, Mr. Yates?
Some experts estimate
six reports
translates to 600
actual complications.
I disagree.
You are aware
that doctors
are prescribing Reflexin
to kids, aren't you?
All we can do is to make
the appropriate warning.
We can't control
what doctors do.
Yes or no.
You know doctors
are prescribing it to kids.
Yes.
Hayden Labs made
$265 million
on Reflexin last year,
didn't they?
-Objection.
-Overruled.
$265 million.
How much of that came
from off-label use by children?
Some.
Some.
Children are good business,
aren't they, Mr. Yates?
-Objection.
-Overruled.
You don't test children
'cause you don't want
to know what you'd find.
That is untrue.
Why do you only test adults
when you know your drug
is going to kids?
(sighs)
We limited our research
and market to adults
because the product
is intended for adults.
Again, we cannot control
what the doctors do.
But when doctors prescribe
Reflexin to kids,
you don't issue
a stronger warning.
You don't do anything
about it.
You just take the money.
Objection!
Sustained.
Truthfully, you have researched
children, haven't you?
This is your research.
Six isolated cases
is not data, Mr. Bassett.
How about seven?
You did great.
He did great.
So now what?
Closing arguments.
A good close
and we have a chance.
I haven't
written it yet.
You'll do it tonight.
(knock on door)
Can we get together?
We'll be right out.
-Here comes the offer.
-Oh, my God.
-What?
-All right, listen,
we need
to pick a number.
I need to go out there
with a number.
$600,000.
They won't pay $600,000.
-$200,000.
-Harland, you don't
have to cave that much.
How do you go
from $600,000 to $200,000?
I'm confused.
Look, liability
is still shaky.
Last night,
the number was zero.
Right now,
I think $400,000 is possible.
$225,000.
That was
a half a million-dollar cross
if I ever heard one.
$225,000 was as high
as he authorized me.
I'm not playing
poker here.
I could convince him
to throw in your fees.
You took it
on a contingency.
That's another $60,000
or so.
Let's say goodbye to this
at $300,000.
$400,000
and we'll sign off.
Can't do it, Eugene.
$300,000's the number.
No.
Okay.
We get to do this
one more day.
We just turned down
$300,000.
Lucy?
Guys.
Guys?
What time is it?
7:30.
How late were you up?
We just laid down
to take a break
at 4:00 or so.
-Do we have any coffee?
-I'll make some.
I need new clothes.
I can't close in this.
You got plenty of time.
It's early.
When are you due in?
9:00.
Okay, so you don't
have plenty of time.
I got to go home
and change.
I'll meet you guys
there.
They offered $300,000.
And you turned it down?
I know we can get
another $100,000
if he closes well.
Or it could
go back to zero.
Have you ever heard
Harland Bassett close?
It isn't pretty.
He's different
this trial, Bobby.
He's in some kind
of zone.
In a zone?
When have you ever,
ever known him
not to screw things up?
If you give him
enough time...
We all know
to warn our kids
about the kind of drugs
you buy on a street corner.
We know
to steer them away
from shady dealers
and back alleys.
But what we don't know
is that
they are twice as likely
to die from the drugs
in our own medicine cabinets.
James and Christine Mullin
told their daughter
to take her medicine because
it would make her feel better.
Look at her.
A simple antibiotic.
Two weeks later,
she lost her liver
and her opportunity
for a normal life.
The defense
would have you believe
that her doctor bears
all the responsibility,
but this ignores
one critical fact.
Hayden Labs knew
that once Reflexin
was approved for adults,
it would make its way
to children.
80% of the drugs
on the market today
are not adequately
tested on kids.
80%.
And it's common practice
for doctors
to prescribe these medications
to children.
Now, knowing this,
what does Hayden Labs do?
They slip in the most innocuous
warning they can,
while at the same time
marketing the drug
to pediatricians.
But saying "Not proven
safe or effective"
is not the same
as warning
it could be dangerous,
and they knew it.
It's hard to wage a battle
against
a big pharmaceutical company.
This is
a $100 billion industry.
I'm sorry, your honor,
I'm loath to object
during a closing,
but this is
neither relevant --
It is relevant.
The revenues they generate
are relevant
to the extent
that they control research.
I'll give you
a short leash, Mr. Bassett,
but keep it
about the case.
The drug companies --
They fund the research.
They pay many doctors
who are in charge of testing
whether a drug is safe,
and some drugs get to the market
that are unsafe.
In the last four years alone,
20 million Americans
took drugs
that were pulled off the market
because of safety reasons.
20 million.
And I submit that when Reflexin
is finally tested on kids,
it, too,
will probably be pulled,
but Hayden Labs --
They're not going to test it,
ladies and gentlemen.
Oh, not if they can help it.
The problem
with test results
is you're stuck with them.
And they don't want
any test proving
what Annie Mullin
already knows --
That this drug
can cause liver failure.
It caused hers.
They don't care,
ladies and gentlemen.
They don't give a damn.
And the FDA?
They rely on clinical
and advisory panels
that are bankrolled
by these people.
In the end,
it's not about safety.
It's not about compassion.
It's not about little girls
like Annie.
It's about money.
That's all they understand.
Go back to that jury room
and return with a number
that'll make them understand.
That was very impassioned.
However, cases are decided
on fact and merit,
not passion.
Fact --
The cause of most liver failure
in children is unknown.
Fact --
It's much more likely
that Miss Mullin's stomach flu
caused her liver failure
than any drug she took.
Fact --
The FDA reviewed Reflexin
and found it
to be safe and effective
when used as directed.
Fact --
The FDA still approves Reflexin.
Fact -- We warned doctors
not to use it
on children under 16.
Fact -- Miss Mullin's doctor
read that warning
and still prescribed it.
Mr. Bassett
would have you believe
that the evil
pharmaceutical companies
are out there killing people
for profit.
Reflexin is in the family
of antibiotics
that has saved
millions of lives.
All right, yes,
the drug companies
fund research.
Does this mean
that the findings are bought?
Absolutely not,
and there is no evidence
to suggest otherwise.
They pay for this research
to get it done,
to be able to discover
lifesaving medicines.
We all live longer,
more enriched lives
because of those medicines.
Reflexin is one such
lifesaving medication.
Now, do we know
some doctors
might possibly prescribe it
to children?
Yes.
So we clearly warn them.
"Not proven safe
for children."
What else can we do?
What else can we do?
No matter what happens,
Harland,
you tried a great case.
I still wish I could have
done more with the medicals.
There isn't more.
It's not like the truth
is out there somewhere.
I don't know
how I'm ever going
to be able to repay you.
Me?
I just sat there.
Yeah, right.
$400,000 -- Sealed.
I need a second
with co-counsel.
I don't know
how to advise you.
I can't say
we're going to win,
but if we win,
it should be
more than $400,000.
What does your gut
tell you?
Only that
I got to throw up.
No matter what, we got
to run it by the client.
If they're offering
$400,000,
do you think
they'd go higher?
This lawyer doesn't
really play that way.
He just puts it out.
Now, that's not to say
we couldn't chip it up some,
but --
Harland, six months ago,
we put ourselves
in your hands.
Let's go to verdict.
Harland.
They never thought
we'd get this far, Eugene.
Let's go to verdict.
Let me see if I can
get it up to $600,000.
No.
Let's go to verdict.
You understand, Mr. Mullin,
that this could --
I understand
that Harland took us here.
I'm going
to follow his instinct.
(pager beeps)
Jerry's back?
Who's Jerry?
Jury.
The jury's back.
Let's go.
And, Eugene --
I'm sure.
Okay.
$600,000.
No.
Can you get a read?
No.
Mr. Foreman,
have you reached a verdict?
We have, your honor.
What say you?
In the matter
of Anne Mullin
vs. Hayden Laboratories...
We find in favor
of the plaintiff
Anne Mullin,
and we order the defendant
to pay compensatory damages
in the amount
of $5.6 million.
(audience gasping
and murmuring)
The defendant
moves for a judgment
notwithstanding
the verdict.
The evidence
never established causation,
and no reasonable jury
could find that it did.
In the alternative,
we're entitled
to a new trial.
Denied.
Members of the jury,
this concludes your service.
Your judgment is so entered,
and you are dismissed
with thanks from the court.
(sniffs)
How about that?
Yeah.
You look like
you're about to cry.
Yeah...
And if you tell anybody,
I'll kill you.
♪ (theme)
You stinker!