Mr. Gibson had taken Ryax for eight years to battle high cholesterol. The drug was prescribed by his doctor and sold by his pharmacist, both of whom were also sued by his widow and children. After taking the drug for about five years, he began having kidney problems, which were treated by a different set of doctors. At the time, Ryax, a relatively new drug, had no known side effects. When Gibson’s kidneys quit completely, he somehow came to know a Mr. Patton French, attorney-at-law. This happened shortly before his death.
Patton French was with French & French, over in Biloxi. A firm letterhead listed six other lawyers. In addition to the manufacturer, physician, and pharmacist, the defendants also included a local drug salesman and his brokerage company out of New Orleans. Every defendant had a big firm engaged, including some heavyweights from New York. The litigation was contentious, complicated, even fierce at times, and Mr. Patton French and his little firm from Biloxi waged an impressive war against the giants on the other side.
Miyer-Brack was a Swiss pharmaceutical giant, privately owned, with interests in sixty countries, according to the deposition of its American representative. In 1998, its profits were $635 million on revenues of $9.1 billion. That one deposition took an hour to read.
For some reason, Patton French decided to file a wrongful death suit in Chancery Court, the court of equity, instead of Circuit Court, where most trials were by jury. By statute, the only jury trials in Chancery were for will contests. Ray had sat through several of those miserable affairs while clerking for the Judge.
Chancery Court had jurisdiction for two reasons. First, Gibson was dead and his estate was a Chancery matter. Second, he had a child under the age of eighteen. The legal business of minors belonged in Chancery Court.
Gibson also had three children who were not minors. The lawsuit could’ve been filed in either Circuit or Chancery, one of a hundred great quirks in Mississippi law. Ray had once asked the Judge to explain this enigma, and as usual the answer was simply, “We have the greatest court system in the country.” Every old chancellor believed this.
Giving lawyers the choice of where to sue was not peculiar to any state. Forum shopping was a game played on the national map. But when a lawsuit by a widow living in rural Mississippi against a mammoth Swiss company that created a drug produced in Uruguay was filed in the Chancery Court of Hancock County, a red flag was raised. The federal courts were in place to deal with such far-flung disputes, and Miyer-Brack and its phalanx of lawyers tried gallantly to remove the case. Judge Atlee held firm, as did the federal judge. Local defendants were included, thus removal to federal court could be denied.
Reuben Atlee was in charge of the case, and as he pushed the matter to trial, his patience with the defense lawyers wore thin. Ray had to smile at some of his father’s rulings. They were terse, brutally to the point, and designed to light a fire under the hordes of lawyers scrambling around the defendants. The modern-day rules about speedy trials had never been necessary in Judge Atlee’s courtroom.
It became evident that Ryax was a bad product. Patton French found two experts who blasted the drug, and the experts defending it were nothing but mouthpieces for the company. Ryax lowered cholesterol to amazing levels. It had been rushed through the approvals, then dumped into the marketplace, where it became extremely popular. Tens of thousands of kidneys had now been ruined, and Mr. Patton French had Miyer-Brack pinned to the mat.
The trial lasted for eight days. Against the objections of the defense, the proceedings began each morning precisely at eight-fifteen. And they often ran until eight at night, prompting more objections, which Judge Atlee ignored. Ray had seen this many times. The Judge believed in hard work, and, with no jury to pamper, he was brutal.
His final decision was dated two days after the last witness testified, a shocking blow for judicial promptness. Evidently, he had remained in Bay St. Louis and dictated a four-page ruling to the court reporter. This, too, did not surprise Ray. The Judge loathed procrastination in deciding cases.
Plus, he had his notes to rely on. For eight days of nonstop testimony, the Judge must have filled thirty legal pads. His ruling had enough detail to impress the experts.
The family of Clete Gibson was award $1.1 million in actual damages, the value of his life, according to an economist. And to punish Miyer-Brack for pushing such a bad product, the Judge awarded $10 million in punitive damages. The opinion was a scathing indictment of corporate recklessness and greed, and it was quite obvious that Judge Atlee had become deeply troubled by the practices of Miyer-Brack.
Even so, Ray had never known his father to resort to punitive damages.
There was the usual flurry of post-trial motions, all of which the Judge dismissed with brusque paragraphs. Miyer-Brack wanted the punitive damages taken out. Patton French wanted them increased. Both sides received a written tongue-lashing.
Oddly, there was no appeal. Ray kept waiting for one. He flipped through the post-trial section twice, then dug through the entire drawer again. It was possible the case had been settled afterward, and he made a note to ask the clerk.
A nasty little fight erupted over the fees. Patton French had a contract signed by the Gibson family that gave him fifty percent of any recovery. The Judge, as always, felt that was excessive. In Chancery, the fees were within the sole discretion of the Judge. Thirty-three percent had always been his limit. The math was easy to do, and Mr. French fought hard to collect his well-earned money. His Honor didn’t budge.
The Gibson trial was Judge Atlee at his finest, and Ray felt both proud and sentimental. It was difficult to believe it had taken place almost a year and a half earlier, when the Judge was suffering from diabetes, heart disease, and probably cancer, though the latter was six months from being discovered.
He admired the old warrior.
With the exception of one lady who was eating a melon at her desk and doing something else online, the clerks were off at lunch. Ray left the place and went to find a library.
Chapter 29
From a burger joint in Biloxi, he checked his voice mail in Charlottesville and found three messages. Kaley called to say she’d like to have dinner. A quick discard took care of her, forever. Fog Newton called to say the Bonanza was clear for the next week and they needed to go fly. And Martin Gage with the IRS in Atlanta checked in, still looking for the fax of the bogus letter. Keep looking, Ray thought to himself.
He was eating a prepackaged salad at a bright orange plastic table, across the highway from the beach. He could not remember the last time he’d sat alone in a fast-food joint, and he was doing so now only because he could eat with his car close by and in plain sight. Plus the place was crawling with young mothers and their children, usually a low-crime group. He finally gave up on the salad and called Fog.
The Biloxi Public Library was on Lameuse Street. Using a new map he’d purchased at a convenience store, he found it and parked in a row of cars near the main entrance. As was his habit now, he stopped and observed his car and all the elements around it before entering the building.
The computers were on the first floor, in a room encased in glass but with no windows to the outside, to his disappointment. The leading newspaper on the coast was the Sun Herald, and through a news-library service its archives could be searched back to 1994. He went to January 24, 1999, the day after Judge Atlee had issued his ruling in the trial. Not surprisingly, there was a story on the front page of the metro section about the $11.1 million verdict over in Bay St. Louis. And it was certainly no surprise to see that Mr. Patton French had a lot to say. Judge Atlee refused comment. The defense lawyers claimed to be shocked and promised to appeal.