He was suddenly in business mode. "Ladies," he said to his wife and Caroline, "could you give us ten minutes here? Go off to the gift shop and look around?"

Caroline said, "Sure, we can do that. C'mon, Marilyn, we'll look for ski-wear for pregnant ladies."

The two lawyers leaned in across the table.

"What did young Mister Murfee have to say? Twenty million or thirty?"

She ignored him. "This baby is having seizures. We should try to help."

He tasted the martini and nodded with approval. "Realistically, though, are the seizures our problem?"

"What do you mean?"

He shrugged, indicating that he felt like he had clean hands in the matter. "Is the baby's lawyer using his client's health problem to win a settlement in a loser case?"

"We've got some exposure here. Settlement wouldn't be all that unreasonable."

"No. I've studied the deposition summaries, I've seen the medical records, there's no need to settle. Besides, it would be premature to settle now. We don't even know that the baby will be alive at the time of trial."

"Christ, how can you say that?" She hated herself more by the second. Was this really her life now? Gambling on the hope that Chase Staples might die before his trial? I mean what the hell, her mind screamed. What have you gotten yourself into?

"I can say that because I am a businessman. We're in the business of saving our client money."

"This is my case and I say we recommend eight million to settle. We've got phony records and a very appealing child against us."

He'd had just enough to drink to allow a smirk. "You've got phony records. I don't."

"What the fuck does that mean?"

The smirk remained on his face, terrible and completely turning her off to the man who she had once thought was a great mentor. She'd been allowed a peek inside her law firm and all she could see was evil inside. "It means you told Judge Moody the records were true and accurate. It wasn't me."

She flopped her chin against her chest. "That's it. I can't do this anymore. I want to be taken off this case. I've lost the stomach for it."

"Morgana, do you know how we got out to this beautiful resort in these Colorado mountains? Do you know how many people can't afford to come here? In case you've forgotten, we're here because clients like Hudd Family Healthcare pay us huge sums of money to defend them."

"I don't need to hear this. This place is as empty as my soul right now."

"They paid for our airfare, paid for this incredible hotel and our suites with Jacuzzis, paid for our lift tickets, paid for our poles, our boots, our drinks we're drinking right now, the crap our wives are plunking down plastic to buy in the gift shop this very minute. All of it-thanks to our client."

"Balance that against a baby that's fighting for its life. What side do we fall on, A.W., are we only about money?"

"Short answer? Yes."

THADDEUS FELT THE PRESSURE.

It wasn't an altogether uncomfortable feeling, more like the feeling of needing to punch your opponent in the boxing ring but the first bell hasn't yet rung. That dancing around, throwing-air-punches-moment in the mind of the trial lawyer that comes after the jury has been selected and it's time for opening statements.

Judge Moody had presided over jury selection at the Daley Center courts building. Thaddeus was somewhat satisfied with the jury, eight women and four men, chosen because they reported they knew nothing about the case, had no family members with brain damage, had no lawyers or doctors in the family, and hadn't made similar claims against hospitals or doctors on account of some medical procedure gone wrong.

In other words, the jury was of one mind.

More or less.

Thaddeus had to smile, however. It was the stuff that was hidden away-that was the good stuff. And it never came out during jury selection; it always came out after the trial, when it was too late to do anything about it. Stuff like kids who were mentally challenged or stuff like a seething hatred for people who filed cases and came to courts looking for money, or a general dislike of lawyers who helped injured people-that was the hidden stuff. You just never knew for sure whom you had allowed to slip through during the jury selection process, and he knew that. He was no novice at picking juries, having been at the helm of seventeen major medical malpractice trials by the time Chase's case came on for trial.

Joining Thaddeus at counsel table were Christine Susmann and Latoya Staples. Christine had actually done all the heavy lifting while working up the case. She was every bit as anxious as Thaddeus to get the fight underway. She was always the ex-soldier, always preparing, preparing, preparing, for the moment when the battle would rage and she would be called on. And, as always, she was ready. It was the Army training that always took over for her and impelled her toward engaging the enemy and winning. Thaddeus believed Christine had caught all the issues and addressed them, those for and those against. She was the brightest trial assistant anyone could ever hope to have at counsel table. For that, he was eternally grateful to her that she stuck by him. She had even uprooted her family when it came time to move the law firm from Orbit to Chicago. She was loyal, above all else. She was also highly paid, now earning in the low- to mid-six-figures.

Seated at defense table were Morgana, A.W., and Phillip Payne, M.D. The Hudd CEO would be joining them as the hospital representative in the afternoon session. For now, his presence had been waived by the defense.

Behind the bar sat Sandy Green and a higher-up in risk management, a silver-haired woman named Rosemary Washington. Their role was to keep a lid on things by way of settling the case PDQ if it looked like a runaway-jury situation. Such situations developed in trials where a judge's rulings on evidentiary issues were taking a decidedly plaintiff-oriented bent. Long story short, if the plaintiff was winning on objections, it was a clear telegraph from judge to jury exactly who the judge favored. Sandy and Rosemary knew only too well that juries in such cases would most often take their lead from the judge and unconsciously begin siding with the plaintiff too, just because. Such cases called for quick, dirty settlements, usually for way too much money, early in the case. Which was every defense lawyer's nightmare. No one, especially the two lawyers from Jones Marentz, wanted such a nasty result on their balance sheet. Better to have settled up front before trial than settle during the plaintiff's case when the price tag would be much, much higher.

Having issued his instructions to the jurors and made sure everyone was comfortable and equipped with a steno notebook, Judge Moody turned his attention to Thaddeus and his case. It was time to move into the witnesses.

"Please call your first witness, Mister Murfee."

Out of habit.Thaddeus stood. "Thank you, Your Honor. Plaintiff calls Doctor Phillip Payne as an adverse witness."

Whispers broke out across the gallery. The jurors sat up, alert and ready to take notes. It was unusual for the plaintiff to open by calling the defendant doctor as its first witness. But that was exactly what was happening.

Dr. Payne didn't have far to walk, from the next table to the witness stand. Phillip Payne was a tall man, all of 6-3, who walked with a baboon slouch. His posture said he had been beaten by the world and bent over for good measure. Which, to an extent, was true. His blue eyes were chronically watery and sad, his heavy jowls road-mapped with spider veins, his dark hair receding dramatically back from the widow's peak where a small tuft of hair still claimed the day, hanging on until it would finally be forced to surrender to the encroaching bald front too. He stoically proceeded to the front of the courtroom and took the witness chair, maintaining eye contact with no one. He didn't even give the jury a nod or a smile.

The defendant slowly raised his eyes to Thaddeus, the look on his face saying he knew this wasn't going to be an enjoyable ride.

"State your name."

"Phillip Mounce Payne."

"What is your age and occupation?"

"Fifty-seven. I work as an advisor on medical malpractice cases."

Thaddeus studied his notes. "You're a medical doctor?"

"I am. Retired now."

"And why are you retired now?"

"Business decision."

"Describe that business decision, please."

"Objection!" said Morgana, rising from her chair. "Approach the bench to make a record?"

"Come," said the judge.

Both attorneys crossed to the judge's throne and leaned toward him to whisper. The court reporter moved her steno machine close in so she could make a record of what was being said.

"Miss Bridgman, state the basis of your objection," whispered Judge Moody.

The attorneys whispered as well. Morgana said, "Your Honor, the question seeks to reveal to the jury that Doctor Payne is no longer able to procure medical malpractice insurance. Which is objectionable because, first, evidence of insurance coverage is never admissible in a tort case and, second, because his inability to procure physician's errors and omissions coverage would be highly prejudicial where he's on trial because of an alleged error or omission."

The judge nodded. "Mister Murfee? How is the question relevant? Better yet, how is its relevance not outweighed by the significant prejudice it could cause this defendant?"

Thaddeus smiled. "Your Honor, the question seeks only relevant information. It does not seek insurance coverage information and can be answered without revealing the presence or absence of insurance. I was simply asking him to describe the business decision that he made which resulted in his no longer practicing medicine. He can be cautioned by his counsel not to go into medical malpractice insurance. Not only that, all questions prejudice one part or the other. They're supposed to do that."

"Very well," said the judge, "I'm going to allow the question and overrule the objection. However, Miss Bridgman, we'll send the jury out for an early morning break so you can confer with your client out of their view and caution him not to mention insurance when giving his answer to the pending question."

"Thank you," said both attorneys in unison, whereupon they re-took their seats.

The judge sent the jury out and exited the courtroom, unzipping his robe as he returned to his chambers. Thaddeus explained it all to Latoya, and while they were whispering, he could see that Morgana was explaining the ground rules to Dr. Payne as well. Then Thaddeus got back to reviewing his direct exam questions for Dr. Payne and Latoya went back to relieve John in holding Chase.

Ten minutes later the jury returned, court was reconvened, and they went back on the record.

Thaddeus set in again. "Doctor Payne, please explain to us the business decision that went into your ceasing the practice of medicine."

"I retired."

"You retired because you had been sued by two mothers for the birth injuries you cause their newborns, isn't that so?"

"Objection!" said Morgana. "Counsel has been advised where this could potentially lead."

"Your Honor," said Thaddeus, "I only am asking about past or present lawsuits. Nothing else."

"I'll allow it," said the judge. "Please continue."

"Please answer the question," said Morgana.

"My decision to retire had nothing to do with the lawsuits against me," said Dr. Payne. But then he could be seen visibly losing the battle to shut up and leave it at that. He just couldn't keep himself from adding, "And those lawsuits allege negligence against me that simply is untrue."

Thaddeus' head jerked up. "Let's look at those lawsuits, since you opened the door. First, we have the mother who alleged in her case that her baby suffers cerebral palsy because you failed to properly monitor the infant during birth. Do you recall that lawsuit?"

"Yes."

"And are you saying today that the baby doesn't have cerebral palsy?"

"I'm not saying that."

"So the baby was born with cerebral palsy?"

"That's my understanding."

"Doctor, where does cerebral palsy come from? What is its etiology?"

The physician poured a glass of water from the pitcher and took a long swallow. Clearly he was reviewing what he was about to say. "The disorder is characterized by a lack of oxygen during the time of a child's birth. This lack of oxygen can lead to serious health problems very quickly, a baby could suffer cerebral palsy and permanent brain damage from mere seconds without air."

"So CP is caused by a baby not getting enough air while being born, long story short, correct?"

"That's the current thinking, yes."

"Doctor, that's not just the current thinking, that's medical fact, correct?"

"Correct."

"Now let's please review some ways in which newborns can have their oxygen compromised. Will you help me do that?"

"Yes." He took another drink.

"Potential causes of oxygen starvation during birth can include cord prolapse, correct?"

"Correct."

"And cord prolapse is when the umbilical cord leaves the uterus before the baby, correct?"

"Correct."

"Cord occlusion is another injury mode, is it not?"

"Yes."

"Placental infarction? Tell us about placental infarction."

"That would be where there a growth of extra tissue or lesions on the placenta."

"What about a nuchal cord. What's that?"

"That's when the umbilical cord wraps around the newborn's neck."

"By the way, that's what happened with our baby, Chase, is it not?"

"That was his presentation at caesarean section, yes."

Thaddeus looked over at the jury. Many were busy scribbling notes. "What you're telling us is that when you cut Latoya open, you found the baby Chase's umbilical cord wrapped around his neck, correct?"

"Pretty much."

"Yes or no."

"Yes. In part."