Chapter 4
Steph had called Camille last night to talk, but she was still anxious from what happened with Pax last night as she walked into the clinic the next day. She found Pax opening a box with a cutter. He turned at the sound of the door closing.
“Um, good morning.” His brows rose. “I wasn’t sure you’d come today.”
“I said I would.”
He gripped the cutter. “About last night. I was out of line.”
“Then I was out of line too.”
“It can’t go further, sweetheart.”
Her eyes widened at the term of affection. Damn him. Her tone was surly when she asked, “Do you want Will to send in somebody else to be your security guard?”
“Is that what you want?”
“I asked you first.”
He walked toward her. Cupped her cheek like she’d done to him last night. “I can’t get close to you.”
“You were pretty close last night.”
“I know. Like I said, I was out of line.”
“If you want me to be replaced, you have to say it out loud.”
“I—”
The door opened again, despite the closed sign. A man in a slick suit stepped inside. Pax crossed to him. “Can I help you?”
Just like in the movies, he slapped an envelope against Pax’s chest and said, “You’ve been served.”
The man exited before Pax could react. Steph crossed to him. “What would you be served for?”
“I—I don’t know. Unless…”
“Open it.”
She read over his shoulder. “Who’s Lance Kramer?”
“It says here he’s the son of…” He dropped the papers and they scattered across the floor.”
“Pax, who is he?”
His eyes were bleak when he raised his gaze. “The son of the woman whose surgery I botched.”
Reminders of her brother Tommy came to the surface. But she quelled them—for Pax. She reached down and scooped up the papers. “The amount is exorbitant.”
“Lawsuits for doctors are covered by a hospital’s malpractice insurance. The sum is usually high.”
“Pax, do you have any insurance?”
“No. When I quit the hospital it lapsed.”
Fear filled her stomach. “Do you have money to pay this?”
“I have cash in a 401K and some savings. But it won’t cover this.”
“Pax—”
“I have to call Jackson. He’s financing the clinic, but I don’t think he’s liable for when I worked at the hospital.”
Step took out her phone and clicked into Jackson’s number. She put it on speaker and handed it to Pax. “Jackson Kane.”
“Jackson, Pax here. There’s no easy way to say this, but I’ve been sued by the family of the woman I killed. I don’t know what to do.”
“Where are you?” His voice was steady and calm.
“I’m at the clinic with Steph.”
“Stay there with her. I’ll be right over.”
When she disconnected, he stared at her. “You don’t have to wait. Actually, you should quit. I don’t want you anywhere near the lawsuit.”
She scowled. “I’m not abandoning you at a time like this.”
Mutt came out of the office. He walked to Pax and nudged him. “He has to go out. And he should walk.”
“I’ll take him. But I want to be here when Jackson comes, so I’m going out back. I’ll walk him later.” She leashed the dog and headed out. Once in the cool air, Steph tried to empty her head. Only one thing was clear. She felt compelled to be there for Pax, no matter what. She didn’t examine why.
* * *
Pax dropped down at the new table he’d set up for the reception desk. His worlds had collided and he felt the crush in his chest. Steph came back in; Mutt crossed to him and put his head in his lap. Pax scratched his head.
Steph took the empty seat next to him. “Do you want to talk about this?”
He shook his head.
“Okay, we’ll wait quietly.” She got up and went to the sink behind the desk and ran him a glass of water. “Drink.”
“I’ll choke on—”
“I said drink.”
He downed the water. He hadn’t realized how parched he was.
She scrolled down on her phone while they waited in silence. Soon, Jackson walked through the door with another man. He was as tall as Jackson and had wider shoulders, but it was his cold gray eyes that stood out. Both crossed to Pax.
Jackson put his hand on Pax’s shoulder. “Hi, you two. Pax and Steph, this is Nick Redmond. He’s one of the lawyers for Pathways, and my own personal representative.”
Pax managed to get out, “Good to meet you.”
Steph dragged over two chairs from the corner table. They all sat at the desk.
Redmond said, “I’d like to see the summons, Dr. Barry.”
Steph handed him the documents. He scanned the complaint. After reading the first page he looked up. “They’re not suing for medical malpractice. They’re suing for wrongful death and negligence.”
Jackson asked, “What’s the statute of limitations for that?”
“Two years. How long ago was the surgery?
Pax would never forget the date.
Nick said grimly, “That’s six days short of two years.”
Steph sighed. “So, they made it under the wire.”
“Yes.”
“Where do I go from here?” Pax’s voice was strained.
“We, Dr. Barry. I’ll be your lawyer in this.”
“I—”
“No objections.” Jackson’s voice was firm.
“All right. I have some money saved, but if I’d have to pay it out for this…”
“Nick is on my dime. And before you object, I funded this clinic and I want it open. And I want you to run it.” He faced the lawyer. “What do we do next, Nick?”
“I’ll tell you all the steps and then we’ll discuss what needs to be done right away. First, I’ll have to review the complaint carefully, then I can advise on the best course of action. We have to file a response to the allegations. I recommend a motion to dismiss. If the court refuses, we go to discovery, where we exchange information relevant to the case, such as witness statements and formal documents like depositions. A court may hold a pre-trial conference to discuss the case schedule, potential settlement options, and identify issues to be addressed at trial.”
Pax swallowed hard. “A trial? There’ll be a trial?” He wasn’t sure he could survive resurrecting what he’d done in court.
“Not if we can question witness statements and the depositions.” Nick added, “If the case still continues, it will go to pretrial. In my experience, these cases rarely go further than this stage.”
“In discovery, could they find out I have nowhere near this kind of money?”
“They will find that out. You’ll need to submit your tax forms since the incident.”
“I’ve earned only a pittance at the Syracuse clinic. And I have a small house that isn’t worth that much. But I have assets.”
“Dr. Barry, Pax, I won’t let them run roughshod over you. I’ll block this at every turn. Now, today, I’d like to take a formal statement of what happened during the surgery.” He fished something out of his pocket. “And record it on this.”
Pax moaned at the thought of telling the story again.
“I know that will be difficult,” Nick continued. “But I need an idea of what kind of proof they have.”
Jackson said, “It’ll be worth the pain it causes in the telling, buddy.”
“Pax nodded.
“I’d like Jackson and Ms. Giordano to leave us alone for this.”
Jackson stood. “Come on Steph. Let’s head out.”
“Pax, do you want me to stay?”
“No. Go with Jackson.”
“All right. I’ll take the dog with me.”
* * *
“I was out drinking the night before the surgery. I didn’t feel well the next day. I shouldn’t have operated.”
“Why did you?”
“I was a cocky bastard. I thought I was so skilled nothing could get in the way.” He wiped his brow with a handkerchief. “I was wrong.”
“You’ll have to stop making self-deprecating statements like that. We can’t defend against this suit if you constantly berate yourself.”
“Understood. I’ll do better.”
“Do you remember who was in the bar where you drank?”
“It was in Syracuse and anyone could have been there. I didn’t recognize any specific person.”
“But people who might recognize you?”
“I suppose. I got a lot of publicity back then. I’m sunk, right?”
“No. There are ways to discredit those kinds of witnesses. Like how many drinks did they see you imbibe. What kind of drinks? Did they see you drive home? And maybe more importantly, how much did they drink?”
“People who were there were probably drinking, too.”
“Exactly.”
“What else do we do?”
“We’ll have to see the statements of those who were in the operating room. It’s in discovery.”
“Nurses and interns I guess. I…didn’t treat them well.”
“Would they know at what point in the surgery you did something wrong?”
“When blood started to spurt out of the artery. I was snipping vessels and must have nicked it.”
“Must have?”
“I assumed I did. All that blood….”
“What did the autopsy show?”
He froze for a minute. “I never saw it.”
“Why?”
“The head of surgery called me in soon after it happened. When I got to her office, I was so abhorred by what I did, I quit, walked out and fell off the grid.”
“So you don’t know what action they were going to take.”
“Noreen Shannon, the head of the department, recently told me she was planning to temporarily suspend me until further investigation could be done.”
“That’s something we can work with. I’ll need her contact information.”
“She came to the clinic not long ago. She wanted a job.”
Nick sat back. He was a big man, easy with himself. “Well, that’s good news. She wouldn’t work with someone she was sure was guilty of negligence.”
“I don’t know if that’s true.”
Redmond held his gaze. “Pax, the witnesses were never cross-examined.”
“You really think you can prove I wasn’t guilty?”
“Nope, but I can prove there’s reasonable doubt that you were negligent. This charge has so many holes it’s like a sieve.”
* * *
Nick Redmond left the clinic and forcefully suppressed his pity for the doctor he’d visited. For the last two years, he’d been blocking his feelings about anything. If one snuck through, the entire dam of denial would burst. He couldn’t afford that. He had to keep going.
His offices were in Syracuse and he drove his BMW to them. He parked in his reserved spot, then took the elevator to the tenth floor. The firm now had twelve lawyers and the status of working for Redmond Associates had elevated them, too.
His secretary greeted him. “Hello, Mr. Redmond. Did you have a productive meeting with Mr. Kane?”
“Actually, it turned out to be with a friend of his. I’ll have some notes on what I need from you in an hour or so.”
“You have a deposition at noon.”
“That’s right. Thanks for the reminder, Ms. Montgomery.” He insisted they keep everything formal from the top down. Consequently, he knew nothing about his assistant of two years except for the work she did here and what her application revealed.
Once in his office, which had a view of Onondaga Lake’s southwestern shore, he steepled his hands and stared out his wall of windows. The situation with Pax Barry was messy and Nick didn’t do messy well. But Jackson Kane was his best client and he’d take care of this business before doing work for anyone else. So he slid the papers the doctor had received out of his briefcase and combed through them. Just as he thought, the lawsuit was weak. And it was his job to explore those weaknesses. First up, he’d file a response to the allegations. He took out the small recorder where he’d taped Barry’s retelling of what happened.
Next he recorded the firm’s response—which amounted to not guilty of wrongful death due to negligence—and a motion to dismiss, enumerating why. He sent both to his assistant to type up.
When that was finished, he made a list on his tablet of what he would request after they received an answer to the filing. First up would be the names of the witnesses.
His cell phone blared. He recognized the ring tone. If he didn’t answer, she would come here. His heart started to beat at a clip. He couldn’t get away from this reminder. “What can I do for you, Audrey?”
“You bastard. A realtor came here and put up a sign that my house is for sale.”
“You mean my house.”
“I’m living here.”
“I agreed you could stay on for two years, which is almost up.”
“I can’t afford another house.” The whining was back.
“With the settlement I gave you? I beg to differ.”
“I can’t make decisions like that yet. My mind is still…with him.” Her voice cracked on the pronoun. She was mentioning his dead son to wear him down.
He forced himself to suppress his emotions. “You have to find a new place to live. I’ll let you know when we want to show the house.” And he clicked off.
Damn the woman! She had to get herself together. Scotty had been dead two years and she still couldn’t function. She’d lost her job and wandered around that house with his blanket in her arms. She didn’t want to move past that awful time in their lives.
He had. Unless you counted waking up in the middle of the night in a cold sweat because in his dreams, he’d been right back at the playground where everything fell apart.
* * *
Meeting with Nick Redmond had sparked a tiny kernel of pride inside of Pax. Buoyed by it, he went home and took a shower, dressed in clothes he’d packed away years ago but kept for some reason, and headed over to Steph’s apartment. For one thing, he had to pick up Mutt, but he wanted to see her too.
When he drove into her parking lot, he was hit with images: Of them in the front seat…of her on his lap…of the feel and scent of her bare skin against his mouth.
Though they made him physically uncomfortable, he had to smile at the memories. He got out and rang the bell to her place. Mutt barked inside and the door opened.
She was dressed in a pink sweatsuit, her damp hair back into a ponytail, her face shining with exertion. Mutt was at her heels and jumped up on him. He knelt and nuzzled the dog.
Steph watched him. “You seem better. Everything go okay with the lawyer?”
Pax stood and faced her. “He has the information to get started on my case.”
“I’m glad to hear that. Do you want to come in?”
“Yeah.”
Inside, he found an open floor plan, with lots of windows. Furniture—expensive he knew from his former life—was strategically placed for access and views to the backyard woods.
“Your place is beautiful, Steph.”
“Thanks. Want to sit?”
“Yeah, I have some things to tell you.”
After they settled on the couch, he just stared at her.
“Do I have egg on my face?”
“No. You look cute like that.”
She studied him. “You’re in a good mood.”
“After talking to Nick, I decided I can’t wallow forever. And like he said, with this lawsuit I can’t act guilty. If I’m going to start over with the clinic, I have to be stronger.”
“Easier said than done.”
“Yeah?” He studied her unlined face bare of makeup. She was just as pretty without it. “When have you felt helpless?”
“I can think of a few times.” Shadows crossed her face. “But you’re right, I’ve led a pretty uncomplicated life.”
“Hmm. I’d like to hear about those times someday. But I came over to ask for your help.”
“I’ll help at the clinic any way I can.”
“I don’t mean that. I need to get back to normal.”
“What’s normal for you Pax? So far all I know is that you were a cocky bastard, your words.”
“Well, I don’t want that part of me back. But I can’t be so depressed anymore.”
“You might need professional help with that.”
“I might. But I’m going to start figuring it out myself first.”
“Hmm.”
“Tell me, Steph. If you were in my shoes, what would you do?”
“Like I said, find a counselor. Then, I’d start with the physical.”
“Physical? Surely you don’t mean…”
“That I’d mercy fuck you?” She laughed out loud. “No, I meant getting in shape.”
He rolled his eyes. “Of course you did.”
“What’s on tap at the clinic tomorrow?”
“We have to finish setting up the furniture and stocking the exam rooms. Caleb, Gemma and Harlan are coming in so I expect we can do all that. Then I was hoping to copy and distribute the flyers in downtown Westwood for the clinic’s opening.”
“You can’t do that without me guarding you.”
“I know.”
“Then when we’re finished, let’s go to the Y.”
For a minute, Pax remembered his exclusive gym in Syracuse. But he banished the thought. “Let’s do that then.”