“We knew that, believe me, it was a huge concern. But he was a man of great principle. After refighting the war up there for two days, Judge Atlee reluctantly agreed to hear the case.”
“Doesn’t the Supreme Court assign the special chancellors?” Ray asked. The fourth sip sort of slid down, without burning, and the vodka was tasting better.
French shrugged it off. “Sure, but there are ways. We have friends.”
In Fatten French’s world, anyone could be bought.
The steward was back with fresh drinks. Not that they were needed, but they were taken anyway. French was too hyper to sit still for long. “Lemme show you the boat,” he said, and bounced out of his chair with no effort. Ray climbed out carefully, balancing his glass.
Chapter 31
Dinner was in the captain’s galley, a mahogany-paneled dining room with walls adorned with models of ancient clippers and gunboats and maps of the New World and the Far East and even a collection of antique muskets thrown in to give the impression that the King of Torts had been around for centuries. It was on the main deck behind the bridge, just down a narrow hallway from the kitchen, where a Vietnamese chef was hard at work. The formal dining area was around an oval marble table that seated a dozen and weighed at least a ton and made Ray ask himself how, exactly, the King of Torts stayed afloat.
The captain’s table sat only two this evening, and above it was a small chandelier that rocked with the sea. Ray was at one end, French at the other. The first wine of the night was a white burgundy that, following the scalding by two iced vodkas, was tasteless to Ray. Not to his host. French had knocked back three of the vodkas, had in fact drained all three glasses, and his tongue was beginning to thicken slightly. But he tasted every hint of fruit in the wine, even got a whiff of the oak barrels, and, as all wine snobs do, had to pass this useful information along to Ray “Here’s to Ryax,” French said, reaching forward with his glass in a delayed toast. Ray touched his glass but said nothing. It was not a night for him to say much, and he knew it. He would just listen. His host would get drunk and say enough.
“Ryax saved me, Ray,” French said as he swirled his wine and admired it.
“In what way?”
“In every way. It saved my soul. I worship money, and Ryax has made me rich.” A small sip, followed by the requisite smacking of the lips, a rolling of the eyes. “I missed the asbestos wave twenty years ago. Those shipyards over in Pascagoula used asbestos for years, and tens of thousands of men became ill. And I missed it. I was too busy suing doctors and insurance companies, and I was making good money but I just didn’t see the potential in mass torts. You ready for some oysters?”
“Yes.”
French pushed a button; the steward popped in with two trays of raw oysters on the half shell. Ray mixed horseradish into the cocktail sauce and prepared for the feast. Patton was swirling wine and too busy talking.
“Then came tobacco,” he said sadly. “Many of the same lawyers, from right here. I thought they were crazy, hell, everybody did, but they sued the big tobacco companies in almost every state. I had the chance to jump into the pit with them, but I was too scared. It’s hard to admit that, Ray. I was just too damned scared to roll the dice.”
“What did they want?” Ray asked, then shoved the first oyster and saltine into his mouth.
“A million bucks to help finance the litigation. And I had a million bucks at the time.”
“How much was the settlement?” Ray asked, chewing.
“More than three hundred billion. The biggest financial and legal scam in history. The tobacco companies basically bought off the lawyers, who sold out. One huge bribe, and I missed it.” He appeared to be ready to cry because he’d missed a bribe, but he rallied quickly with a long pull on the wine.
“Good oysters,” Ray said, with a mouthful.
“Twenty-four hours ago, they were fifteen feet down.” French poured more wine and settled over his platter.
“What would’ve been the return on your one million dollars?” Ray asked.
“Two hundred to one.”
“Two hundred million bucks?”
“Yep. I was sick for a year, lots of lawyers around here were sick. We knew the players and we had chickened out.”
“Then along came Ryax.”
“Yes indeed.”
“How’d you find it?” Ray asked, knowing the question would require another windy answer, and he’d be free to eat.
“I was at a trial lawyers’ seminar in St. Louis. Missouri is a nice place and all, but miles behind us when it comes to tort litigation. I mean, hell, we’ve had the asbestos and tobacco boys running around here for years, burning money, showing everybody else how it’s done. I had a drink with this old lawyer from a small town in the Ozarks. His son teaches medicine at the university in Columbia, and the son was on to Ryax. His research was showing some horrible results. The damned drug just eats up the kidneys, and because it was so new there was not a history of litigation. I found an expert in Chicago, and he found Clete Gibson through a doctor in New Orleans. Then we started screening, and the thing snowballed. All we needed was a big verdict.”
“Why didn’t you want a jury trial?”
“I love juries. I love to pick them, talk to them, sway them, manipulate them, even buy them, but they’re unpredictable. I wanted a lock, a guarantee. And I wanted a speedy trial. Ryax rumors were spreading like crazy, you can imagine a bunch of hungry tort lawyers with the gossip that a new drug had gone bad. We were signing up cases by the dozens. The guy with the first big verdict would be in the driver’s seat, especially if it came from the Biloxi area. Miyer-Brack is a Swiss company—”
“I’ve read the file.”
“All Of it?”
“Yes, yesterday in the Hancock County Courthouse.”
“Well, these Europeans are terrified of our tort system.”
“Shouldn’t they be?”
“Yes, but in a good way. Keeps ‘em honest. What should terrify them is the possibility that one of their damned drugs is defective and might harm people, but that’s not a concern when billions are at stake. It takes people like me to keep ‘em honest.”
“And they knew Ryax was bad?”
French choked down another oyster, swallowed hard, gulped a half pint of wine, and finally said, “Early on. The drug was so effective at lowering cholesterol that Miyer-Brack, along with the FDA, rushed it to the market. It was another miracle drug, and it worked great for a few years with no side effects. Then, bam! The tissue of the nephrons—do you understand how the kidneys work?”
“For the sake of this discussion, let’s say I don’t.”
“Each kidney has about a million little filtering units called nephrons, and Ryax contained a synthetic chemical that basically melted them. Not everybody dies, like poor Mr. Gibson, and there are varying degrees of damage. It’s all permanent, though. The kidney is an amazing organ that can often heal itself, but not after a five-year bout with Ryax.”
“When did Miyer-Brack know it had a problem?”
“Hard to say exactly, but we showed Judge Atlee some internal documents from their lab people to their suits urging caution and more research. After Ryax had been on the market for about four years, with spectacular results, the company’s scientists were worried. Then folks started getting real sick, even dying, and by then it was too late. From my standpoint, we had to find the perfect client, which we did, the perfect forum, which we did, and we had to do it quick before some other lawyer got a big verdict. That’s where your father came in.”
The steward cleared the oyster shells and presented a crab-meat salad. Another white burgundy had been selected from the onboard cellar by Mr. French himself.
“What happened after the Gibson trial?” Ray asked.