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.”
To which Nadine quickly replied, “Your Honor, this trial is about a drug called Krayoxx, nothing more. Anything else is a fishing expedition.”
“But as Mr. Zinc correctly pointed out, you placed the company’s reputation into issue, Ms. Karros. You weren’t required to do this, but that door is now open. Objection overruled. Continue, Mr. Zinc.”
The door was indeed open, and Varrick’s history was fair game. David wasn’t certain how it had happened, but he was thrilled nonetheless. His self-doubt was gone. The gnawing fear had disappeared. He was on his feet, all alone against the big boys, and he was scoring points. It was showtime.
“I asked about Amoxitrol, Dr. Ulander. Surely you remember it.”
“I do.”
With a bit of flair, David waved his arm at the jury and said, “Well, tell the jury about that drug. What was it intended to do?”
Ulander sank a few inches in the witness chair and again looked at the defense table for help. Grudgingly, he began talking, but in very short sentences. “Amoxitrol was developed as an abortion pill.”
To help him along, David asked, “An abortion pill that could be taken up to one month after conception, sort of an expanded version of the morning-after pill, right, Doctor?”
“Something like that.”
“Was that a yes or a no?”
“Yes.”
“The pill would basically dissolve the fetus, and its remains would eventually be flushed out with other bodily waste, is that correct, Doctor?”
“In a simplified form, yes, that is what the drug was supposed to do.”
With at least seven Catholics on the jury, David didn’t have to glance over to see how this was being received.
“Did you conduct clinical trials for Amoxitrol?”
“We did.”
“And where did these trials take place?”
“Africa.”
“Where in Africa?”
Ulander rolled his eyes and grimaced. “I can’t, uh, you know, I would have to check that.”
David walked slowly to his table, riffled through some papers, and extracted a binder. He opened it, flipped pages as he walked back to the podium, and asked, as though he were reading from the report, “In what three African countries did Varrick conduct clinical trials for its abortion pill Amoxitrol?”
“Uganda for sure. I just can’t-”
“Do Uganda, Botswana, and Somalia sound right?” David asked.
“Yes.”
“How many African women were used in the study?”
“Do you have the answer there, Mr. Zinc?”
“Does the number four hundred sound right, Doctor?”
“It does.”
“And how much money did Varrick pay to each pregnant African woman to abort her pregnancy with one of your pills?”
“Do you have the answer there, Mr. Zinc?”
“Does $50 per fetus sound right, Dr. Ulander?”
“I guess.”
“Don’t guess, Doctor. I have the report right here.”
David flipped a page, took his time, let the pathetic amount of the bounty rattle around the courtroom. Nadine Karros rose again and said, “Your Honor, I object. The report Mr. Zinc is using is not in evidence. I have not seen it.”
David snapped, “Oh, I’m sure she’s seen it, Your Honor. I’m sure all the big shots at Varrick have seen it.”
