"What would happen if we, as a nation, yielded to a certain current mentality that considers these people as almost useless when they are reduced in their capacities due to the difficulties of disabilities, age or sickness? Do we live in a world in which we think the disabled are disposable? There are no disposable people."
Denny stood up from the defense table, adding: "Denny Crane."
I walked back over, sitting between Denny and Tom. Closing arguments complete, the judge called a lunch recess, asking all to come back in an hour for jury instructions.
Tom leaned over. "It looks good, right?" He'd been my friend since we served in the Marines. A medic then, Tom was struggling to stay out of debt as a single OB/GYN practitioner.
It was important to me not to let him down. I wouldn't let this go any other way than to prevail. "Trust me. Suing for wrongful life is untested, but you can't be forced to perform an abortion like some kind of euthanasia of the defective and she can't expect you to pay for a lifetime of medical care for her Downs son."
Tom's case - we lost it the minute we took it. Not the case, but our filter to keep it from being personal. For Denny, it was his fear if anyone will want to love and care for him with his impending mental imperfections. My reasons are equally personal. I'd been in combat situations and saw friends become disabled through injuries sustained in battle. My comrades all have dignity and great worth in spite of their disabilities. For both of us, Tom was a brother in arms.
I promised him a win. Denny guaranteed it. I told him what I wanted to believe and what he wanted to hear. Trust us.
The jury awarded the plaintiff $8 million.
It's the hardest guilt to have meant well and let him down. Tom's selling his practice. The firm has refused to handle the appeal. Unwinnable. I'll never ask a client to trust me again.
[
Cross posted to Theatrical Muse: "A ficlet on the theme of "trust"]