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NEWSMAN [over radio]:
And at least eight dead
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00:00:12,969 --> 00:00:14,492
at the We Are All
from Somewhere Else...
3
00:00:14,536 --> 00:00:16,146
Can we go any faster?I'm doing my best, ma'am.
4
00:00:16,190 --> 00:00:19,280
...after a gunman opened fire
with an automatic weapon.
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00:00:19,323 --> 00:00:22,152
In addition to the dead,
we're receiving reports
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00:00:22,196 --> 00:00:24,502
of as many as
200 people injured.
7
00:00:24,546 --> 00:00:26,069
Okay, hang on a second! Hang on.
8
00:00:26,113 --> 00:00:29,116
Rapid track! Trauma Bay Four!
9
00:00:29,159 --> 00:00:33,076
Walking wounded needs to be
escorted to Station One!
10
00:00:33,120 --> 00:00:34,425
Dr. Kinsey!
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00:00:34,469 --> 00:00:35,774
I got here
as fast as I could.
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00:00:35,818 --> 00:00:38,125
Dr. Park could really
use you in Bay One.
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00:00:38,168 --> 00:00:40,301
PARK:
Kinsey, you made it!
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00:00:40,344 --> 00:00:41,650
I'm taking this one
up to the OR.
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00:00:41,693 --> 00:00:42,607
I need you
to jump on
16
00:00:42,651 --> 00:00:43,956
this fellow behind me.
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00:00:44,000 --> 00:00:45,828
What do we have?Ryan Watkins.
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00:00:45,871 --> 00:00:49,049
Male, lower abdominal
gunshot wound.
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00:00:49,092 --> 00:00:50,311
Next OR should open
in ten minutes.
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00:00:50,354 --> 00:00:51,834
Get started on him
as soon as you can.
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00:00:51,877 --> 00:00:52,878
Will do.
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00:00:55,707 --> 00:00:58,145
Oh, man, not a lot left
to put back together.
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00:00:58,188 --> 00:00:59,320
Like a river.
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00:00:59,363 --> 00:01:00,756
How is his pulse?
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00:01:00,799 --> 00:01:02,845
Last I checked, thready.
Barely there.
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00:01:02,888 --> 00:01:05,456
[woman gasping]Dr. Kinsey?
We're losing this patient.
27
00:01:06,501 --> 00:01:07,937
Her oxygen is
in the toilet.
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00:01:07,980 --> 00:01:08,981
She's not
getting any air.
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00:01:10,461 --> 00:01:12,115
Looks like
a pneumothorax.
30
00:01:13,769 --> 00:01:15,423
Oh, no. Sounds like
she's got blood in her lungs.
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00:01:15,466 --> 00:01:17,251
Potential hemopneumo.
How long has she been like this?
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00:01:17,294 --> 00:01:18,426
How long has she
not been breathing?
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00:01:18,469 --> 00:01:20,080
I called you
the moment I noticed.
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00:01:20,123 --> 00:01:21,081
Just got a text.
The OR is ready.
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00:01:21,124 --> 00:01:22,647
We got to get going on this guy
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00:01:22,691 --> 00:01:24,084
or might as well just send him
directly to the morgue.
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00:01:24,127 --> 00:01:25,085
Doctor, we got to go.
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00:01:31,221 --> 00:01:32,962
You know what a REBOA is?
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00:01:33,005 --> 00:01:34,137
Heard of it.
Never seen it done.
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00:01:34,181 --> 00:01:35,443
I want to
give him one.
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00:01:35,486 --> 00:01:37,140
It'll stop his bleeding
for 20, 30 minutes.
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00:01:37,184 --> 00:01:38,402
That'll give me a chance
to work on her.
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00:01:38,446 --> 00:01:39,882
That way maybe
we can save them both.
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00:01:39,925 --> 00:01:42,145
Isn't that kind of
the definition of a Hail Mary?
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00:01:42,189 --> 00:01:43,146
I don't know,
I'm not into football
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00:01:43,190 --> 00:01:44,495
and I don't go to church.
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I need a REBOA and
some chest tubes, stat.
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00:01:46,149 --> 00:01:48,282
NURSE:
You're really going
to use a REBOA?
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00:01:48,325 --> 00:01:50,153
But Dr. Park told you
to operate on him now.
50
00:01:50,197 --> 00:01:52,199
I know. But I'm not even sure
we can save him.
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00:01:52,242 --> 00:01:53,591
In fact, the only thing
I'm certain of is,
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00:01:53,635 --> 00:01:55,115
we take the time to get him
over to the OR,
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00:01:55,158 --> 00:01:56,290
we're absolutely losing her.
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00:01:56,333 --> 00:01:57,508
But what if it doesn't work?
55
00:01:57,552 --> 00:01:58,509
What if we lose them both?
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00:01:58,553 --> 00:02:00,120
It's going to work.
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00:02:00,163 --> 00:02:02,209
I think I need to have
a quick chat with Dr. Park.
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00:02:02,252 --> 00:02:04,602
Walk away from that patient,
don't bother coming back.
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00:02:04,646 --> 00:02:06,300
TECHNICIAN:
Here's your REBOA
and your chest tubes.
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00:02:06,343 --> 00:02:08,476
Great.
Let's make some miracles.
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00:02:08,519 --> 00:02:11,174
Let's hail some Marys.
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00:02:17,049 --> 00:02:18,138
Hey.
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00:02:21,271 --> 00:02:22,838
Ah...
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00:02:24,100 --> 00:02:26,058
I can't lie.
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00:02:26,102 --> 00:02:27,886
Feel pretty strange
about this.
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00:02:27,930 --> 00:02:29,932
No. Bull's right.
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00:02:29,975 --> 00:02:31,107
You need your own office.
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00:02:31,151 --> 00:02:34,110
I've been a lawyer
for a minute and a half.
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00:02:34,154 --> 00:02:35,285
I can work
in the conference room.
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00:02:35,329 --> 00:02:36,460
I'm happy to work
in the conference room.
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00:02:36,504 --> 00:02:38,636
But you're Benjamin Colón.
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00:02:38,680 --> 00:02:42,031
Hell, rumor has it
that you're running for D.A.
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00:02:42,074 --> 00:02:43,946
of the greatest city
in the world.
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00:02:43,989 --> 00:02:45,600
[sighs]
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00:02:45,643 --> 00:02:47,297
You need a place
of your own, man.
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00:02:47,341 --> 00:02:49,604
You need an office where
you can hang that law degree
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00:02:49,647 --> 00:02:50,953
up on the wall.
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00:02:50,996 --> 00:02:53,434
Well, you've got
a law degree.
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00:02:53,477 --> 00:02:54,826
I certainly do.
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00:02:54,870 --> 00:02:57,220
And now I'm working towards
a wall to hang it on.
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00:02:57,264 --> 00:03:00,136
Sorry to break up
this legal convention,
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00:03:00,180 --> 00:03:01,703
but the big guy
is waiting for you
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00:03:01,746 --> 00:03:03,531
in the conference room.
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00:03:03,574 --> 00:03:06,055
I had just finished
my rounds at the hospital
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00:03:06,098 --> 00:03:07,622
about
two and a half hours earlier.
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00:03:07,665 --> 00:03:09,667
I was climbing out of the shower
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00:03:09,711 --> 00:03:11,060
when one of
the ER nurses called
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00:03:11,103 --> 00:03:13,758
and said they were expecting...
89
00:03:13,802 --> 00:03:15,891
I thought she said
hundreds of patients.
90
00:03:15,934 --> 00:03:18,154
But then I thought
I must have misheard.
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00:03:18,198 --> 00:03:19,460
But then she said
there was some kind of
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00:03:19,503 --> 00:03:21,244
mass casualty situation
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00:03:21,288 --> 00:03:23,725
and they were calling in every
off-duty doctor in the area.
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00:03:23,768 --> 00:03:25,161
It was all hands on deck.
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00:03:25,205 --> 00:03:27,119
Hmm. How many
patients
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00:03:27,163 --> 00:03:29,209
did Mercy actually
receive that night?
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00:03:29,252 --> 00:03:30,906
Over 200.
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00:03:30,949 --> 00:03:32,560
All with
penetrating gunshot wounds.
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00:03:32,603 --> 00:03:35,302
And the deceased--
uh, Ryan Watkins--
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00:03:35,345 --> 00:03:36,999
he was your first patient?
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00:03:37,042 --> 00:03:38,392
He was supposed to be.
102
00:03:38,435 --> 00:03:39,958
Soon as I got there,
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00:03:40,002 --> 00:03:42,178
I conferred with Dr. Park,
the chief trauma surgeon.
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00:03:42,222 --> 00:03:44,876
And he was taking
another patient up to the OR,
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00:03:44,920 --> 00:03:47,401
so he told me to get started
on Mr. Watkins.
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00:03:47,444 --> 00:03:49,141
Was there any special reason
107
00:03:49,185 --> 00:03:51,753
why Dr. Park wanted you
to operate on Watkins first?
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00:03:51,796 --> 00:03:54,538
I mean, it sounds like
there were plenty of people
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00:03:54,582 --> 00:03:55,844
needing immediate care.
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00:03:55,887 --> 00:03:57,193
No.
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00:03:57,237 --> 00:03:58,760
I think Dr. Park just considered
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00:03:58,803 --> 00:04:00,065
his injuries the most critical.
113
00:04:00,109 --> 00:04:01,763
But then I saw this woman.
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00:04:01,806 --> 00:04:03,286
And to my eye,
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00:04:03,330 --> 00:04:05,332
she was in as equally bad shape
as Mr. Watkins.
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00:04:05,375 --> 00:04:07,551
She had a lot of blood
and air in her chest.
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00:04:07,595 --> 00:04:09,249
Struggling to breathe.
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00:04:09,292 --> 00:04:11,642
I needed to drain that blood
and air fast or we'd lose her.
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00:04:11,686 --> 00:04:14,341
But if I had operated
on him first,
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00:04:14,384 --> 00:04:16,473
that woman
absolutely would have died
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00:04:16,517 --> 00:04:18,606
while waiting for treatment.
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00:04:18,649 --> 00:04:21,304
Whereas if I could just keep
Mr. Watkins alive
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00:04:21,348 --> 00:04:24,176
for a half hour,
I could definitely save her
124
00:04:24,220 --> 00:04:26,353
and maybe save him, too.
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00:04:26,396 --> 00:04:28,703
You know, one way,
I'm staring at
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00:04:28,746 --> 00:04:30,444
a likely lose-lose situation.
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00:04:30,487 --> 00:04:32,489
The other, I was certain
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00:04:32,533 --> 00:04:34,012
at least one of them
was going to live.
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00:04:34,056 --> 00:04:36,145
That's why you used
this REBOA thing?
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00:04:36,188 --> 00:04:39,322
I'm sorry. What is a REBOA?
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00:04:39,366 --> 00:04:40,889
It stands for
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00:04:40,932 --> 00:04:43,326
Resuscitative Endovascular
Balloon Occlusion of the Aorta.
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00:04:43,370 --> 00:04:46,111
It's a kind of
internal tourniquet.
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00:04:46,155 --> 00:04:48,940
A balloon catheter
that you position
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00:04:48,984 --> 00:04:51,203
in a person's aorta to
prevent them from bleeding out.
136
00:04:52,335 --> 00:04:53,815
It buys you time.
137
00:04:53,858 --> 00:04:55,120
Which was what I needed.
138
00:04:55,164 --> 00:04:57,340
But it didn't work.
139
00:04:57,384 --> 00:05:00,125
Well, the other patient
needed chest tubes.
140
00:05:00,169 --> 00:05:01,823
That should have taken
20 minutes, tops.
141
00:05:01,866 --> 00:05:03,738
But once I got in there,
142
00:05:03,781 --> 00:05:06,349
it was more complicated
than I had anticipated.
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00:05:06,393 --> 00:05:08,873
And by the time I got her stable
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00:05:08,917 --> 00:05:10,353
and got back to Mr. Watkins,
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00:05:10,397 --> 00:05:13,313
40, 45 minutes had gone by.
146
00:05:15,010 --> 00:05:17,012
And he-he didn't make it.
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00:05:18,448 --> 00:05:21,190
I tried, but...
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00:05:21,233 --> 00:05:22,409
CHUNK:
So, the plaintiff,
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00:05:22,452 --> 00:05:24,454
Mr. Watkins' mother, is saying
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00:05:24,498 --> 00:05:26,587
that the REBOA
should never have been used.
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00:05:26,630 --> 00:05:28,632
Especially not
for 40 minutes.
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00:05:28,676 --> 00:05:31,940
They are arguing that the REBOA
is not even considered
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00:05:31,983 --> 00:05:33,637
an acceptable
standard of care.
154
00:05:33,681 --> 00:05:35,944
I'm not denying it's a
controversial technique.
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00:05:35,987 --> 00:05:38,381
I mean, usually it's
only a stop-gap measure
156
00:05:38,425 --> 00:05:40,427
to buy you the ten,
15 minutes it takes
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00:05:40,470 --> 00:05:43,734
to get a patient
into the OR and opened up.
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00:05:43,778 --> 00:05:45,736
For what it's worth, I've
personally made the REBOA work
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00:05:45,780 --> 00:05:47,347
for up to an hour.
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00:05:47,390 --> 00:05:48,826
Before I went into trauma,
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00:05:48,870 --> 00:05:50,393
I was a military medic
in Afghanistan,
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00:05:50,437 --> 00:05:51,742
and I used it there
all the time.
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00:05:51,786 --> 00:05:53,788
Well, it'd be great
if we could get someone in
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00:05:53,831 --> 00:05:55,659
to testify to that--
other than you.
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00:05:55,703 --> 00:05:59,184
You know, I didn't see
your picture on the website.
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00:05:59,228 --> 00:06:00,664
Ex-Excuse me?
167
00:06:00,708 --> 00:06:03,537
When I was researching
the Trial Analysis Corporation.
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00:06:03,580 --> 00:06:05,234
I remember
reading about a lawyer,
169
00:06:05,277 --> 00:06:06,366
but I don't think he was you.
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00:06:06,409 --> 00:06:08,803
Mr. Palmer has been
with the firm
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00:06:08,846 --> 00:06:11,022
for over five years
in a variety of capacities.
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00:06:11,066 --> 00:06:13,764
He's handled several cases
on his own,
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00:06:13,808 --> 00:06:17,377
but he did just officially
pass the bar this last summer.
174
00:06:18,769 --> 00:06:22,425
But do you have any experience
in medical malpractice?
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00:06:22,469 --> 00:06:23,818
This firm has handled hundreds
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00:06:23,861 --> 00:06:26,211
of medical malpractice cases,
and I personally
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00:06:26,255 --> 00:06:27,430
have super...But Mr. Palmer?
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00:06:27,474 --> 00:06:30,825
This will be my first.
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00:06:32,566 --> 00:06:34,959
There's another attorney here.
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00:06:35,003 --> 00:06:37,266
And he has lots of experience
in medical...
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00:06:37,309 --> 00:06:38,615
No. I'm the
trial scientist.
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00:06:38,659 --> 00:06:40,443
I'm the tactician.
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00:06:40,487 --> 00:06:42,619
And I am telling you
he's the one to plead this case.
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00:06:42,663 --> 00:06:44,621
Now,
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00:06:44,665 --> 00:06:46,318
if you don't agree with that,
there are plenty
186
00:06:46,362 --> 00:06:48,190
of other companies
I'm sure you can go to
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00:06:48,233 --> 00:06:49,496
that would be happy
to take your money.
188
00:06:49,539 --> 00:06:52,063
But, Dr. Kinsey,
this is a jury trial.
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00:06:52,107 --> 00:06:53,064
It's six people.
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00:06:53,108 --> 00:06:54,457
And they're going to decide
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00:06:54,501 --> 00:06:55,806
whether you're innocent
or guilty.
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00:06:55,850 --> 00:06:57,155
They are going to decide
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00:06:57,199 --> 00:06:58,461
whether you live
the rest of your life
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00:06:58,505 --> 00:07:01,290
in relative comfort
or all-consuming debt.
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00:07:01,333 --> 00:07:03,901
They're gonna decide
whether you get to use
196
00:07:03,945 --> 00:07:06,513
the salutation "Doctor" in front
of your name ever again.
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00:07:06,556 --> 00:07:10,212
The other side is going to bring
all kinds of sage, old men
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00:07:10,255 --> 00:07:13,171
who will offer intimidating
and confusing medical testimony.
199
00:07:13,215 --> 00:07:14,738
They'll try and bully
their way to a verdict.
200
00:07:14,782 --> 00:07:17,524
Now, here's
what I know.
201
00:07:17,567 --> 00:07:19,439
You give people a choice
202
00:07:19,482 --> 00:07:20,614
between something
they understand
203
00:07:20,657 --> 00:07:22,529
and something
they don't understand,
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00:07:22,572 --> 00:07:24,313
they will almost always lean
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00:07:24,356 --> 00:07:25,880
in the direction of
the thing they understand.
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00:07:25,923 --> 00:07:27,621
This case isn't
about medicine.
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00:07:27,664 --> 00:07:29,666
It's about being able
to talk to six people.
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00:07:29,710 --> 00:07:32,408
Being able to put them
in your shoes
209
00:07:32,452 --> 00:07:34,889
when you had to make
the decisions you had to make.
210
00:07:34,932 --> 00:07:37,239
And I'm telling you,
211
00:07:37,282 --> 00:07:39,633
this is the man for the job.
212
00:07:41,243 --> 00:07:42,549
Now...
213
00:07:42,592 --> 00:07:44,507
are we going to court or not?
214
00:07:46,248 --> 00:07:48,250
♪
215
00:07:57,215 --> 00:08:00,218
I appreciate your
confidence in me.
216
00:08:00,262 --> 00:08:01,742
It's no big deal.
217
00:08:01,785 --> 00:08:03,178
I meant what I said.
218
00:08:03,221 --> 00:08:06,268
I think you're
the right man for the job.
219
00:08:06,311 --> 00:08:08,270
I think the jurors
are going to appreciate
220
00:08:08,313 --> 00:08:10,707
being talked to
by someone like them.
221
00:08:10,751 --> 00:08:13,101
Someone who doesn't
222
00:08:13,144 --> 00:08:15,582
eat, sleep and drink
medical malpractice.
223
00:08:15,625 --> 00:08:16,931
Someone who's just
trying to figure out
224
00:08:16,974 --> 00:08:18,280
what really
happened here.
225
00:08:18,323 --> 00:08:20,195
So, voir dire.
226
00:08:20,238 --> 00:08:22,023
You have any thoughts?
227
00:08:22,066 --> 00:08:24,547
So, in a perfect world,
228
00:08:24,591 --> 00:08:26,549
we would love
to be talking to people
229
00:08:26,593 --> 00:08:28,290
who are at least willing
to entertain the idea
230
00:08:28,333 --> 00:08:32,294
that Dr. Kinsey, finding herself
in an impossible situation,
231
00:08:32,337 --> 00:08:34,383
made the best decisions
she could...
232
00:08:34,426 --> 00:08:37,081
if not to save every life,
then to save most lives.
233
00:08:38,692 --> 00:08:41,390
It really is a case study
in lifeboat ethics.
234
00:08:41,433 --> 00:08:42,696
It is funny.
235
00:08:42,739 --> 00:08:44,219
Not one press
report I've read
236
00:08:44,262 --> 00:08:45,873
mentions that
Dr. Kinsey saved
237
00:08:45,916 --> 00:08:48,223
five other lives
that day.
238
00:08:48,266 --> 00:08:50,660
Truth is, our client's a hero.
239
00:08:50,704 --> 00:08:52,227
The jury needs to hear that.
240
00:08:52,270 --> 00:08:54,664
And they need to hear it
during voir dire.
241
00:08:55,839 --> 00:08:58,799
Everybody here know who
Sully Sullenberger is?
242
00:08:58,842 --> 00:09:00,583
Yeah.
243
00:09:00,627 --> 00:09:03,543
He's the pilot who landed
the plane on the Hudson River.
244
00:09:03,586 --> 00:09:05,153
That's him.
245
00:09:05,196 --> 00:09:07,416
Man behind
the "Miracle on the Hudson."
246
00:09:07,459 --> 00:09:10,027
A hero. Right?
247
00:09:10,071 --> 00:09:13,248
Anybody remember why he had
to land that plane on the river?
248
00:09:13,291 --> 00:09:14,641
Yes.
249
00:09:14,684 --> 00:09:16,381
The plane hit
some birds, I think.
250
00:09:16,425 --> 00:09:18,253
Yes, it did.
251
00:09:18,296 --> 00:09:20,995
And it put that man
in an impossible situation.
252
00:09:21,038 --> 00:09:23,519
Air traffic control
had already ordered him
253
00:09:23,563 --> 00:09:24,607
back to the airport.
254
00:09:24,651 --> 00:09:26,391
He was convinced
he wouldn't make it.
255
00:09:26,435 --> 00:09:28,263
So he improvised
256
00:09:28,306 --> 00:09:30,570
and decided
to attempt a water landing.
257
00:09:30,613 --> 00:09:32,659
Didn't ask for permission.
258
00:09:32,702 --> 00:09:34,225
No time.
259
00:09:34,269 --> 00:09:36,227
He just did it.
260
00:09:36,271 --> 00:09:40,536
And managed to save
every passenger on that plane.
261
00:09:40,580 --> 00:09:42,625
A hero... right?
262
00:09:42,669 --> 00:09:45,193
Juror 21.
263
00:09:45,236 --> 00:09:46,542
It says here that
you were a police officer.
264
00:09:46,586 --> 00:09:49,197
How do you feel
about that?
265
00:09:49,240 --> 00:09:51,373
The man was given an order
and he defied it.
266
00:09:51,416 --> 00:09:52,722
Oh, I think
everything worked out
267
00:09:52,766 --> 00:09:54,245
the way it was supposed to.
268
00:09:54,289 --> 00:09:56,073
The man was declared a hero.
269
00:09:56,117 --> 00:09:58,075
They made a movie out of it.
270
00:09:58,119 --> 00:09:59,599
He was played by Tom Hanks.
271
00:09:59,642 --> 00:10:02,166
[laughing]: I don't think
it gets any better than that.
272
00:10:02,210 --> 00:10:04,168
Ground control to Major Tom?
273
00:10:04,212 --> 00:10:05,648
Diana Merrick.
274
00:10:05,692 --> 00:10:07,432
Former NYPD.
275
00:10:07,476 --> 00:10:09,043
Took an early retirement
276
00:10:09,086 --> 00:10:10,566
after getting injured
on the job.
277
00:10:10,610 --> 00:10:11,654
BULL:
Injured how?
278
00:10:11,698 --> 00:10:13,351
Suspect stabbed her
during an arrest
279
00:10:13,395 --> 00:10:15,789
and then she apparently took him
down with a fire extinguisher.
280
00:10:15,832 --> 00:10:16,833
Hit him with it.
281
00:10:16,877 --> 00:10:18,530
A woman of action.
282
00:10:18,574 --> 00:10:20,358
That's our kind of girl.
283
00:10:20,402 --> 00:10:24,362
Your Honor, juror 21
is acceptable to the defense.
284
00:10:24,406 --> 00:10:27,104
Nice work,
Counselor.
285
00:10:27,148 --> 00:10:28,584
We make a pretty good team.
286
00:10:28,628 --> 00:10:31,152
Well, all I'm doing is
following your lead.
287
00:10:31,195 --> 00:10:33,633
Like I said,
we make a pretty good team.
288
00:10:34,677 --> 00:10:36,244
[chuckles]
289
00:10:36,287 --> 00:10:38,289
♪
290
00:10:40,335 --> 00:10:42,337
[indistinct chatter]
291
00:10:48,038 --> 00:10:49,213
BENNY:
There he is.
292
00:10:49,257 --> 00:10:51,085
Oh, hustler, hustler.
[laughs]
293
00:10:51,128 --> 00:10:54,305
Survived your first day
on the medical malpractice beat?
294
00:10:54,349 --> 00:10:56,699
Other side threw in the towel.
Gave up.
295
00:10:56,743 --> 00:10:58,266
Offered to pay us money
to go away.
296
00:10:58,309 --> 00:11:01,399
Ooh. You are knee-deep now.Yeah.
297
00:11:01,443 --> 00:11:03,097
Keep shoveling.[laughs]
298
00:11:03,140 --> 00:11:04,315
Bull know you're here?
299
00:11:04,359 --> 00:11:06,709
Nah, but so what?
300
00:11:06,753 --> 00:11:10,974
Actually, I came by
to tell you I think I'm good.
301
00:11:11,018 --> 00:11:12,715
Okay.
302
00:11:12,759 --> 00:11:14,717
So tell me about tomorrow.
303
00:11:14,761 --> 00:11:16,371
Opening statements.
304
00:11:16,414 --> 00:11:19,374
Plaintiffs are gonna say that
my client made a bad decision
305
00:11:19,417 --> 00:11:20,897
she had no right to make,
306
00:11:20,941 --> 00:11:22,507
and I'm gonna tell them
about a woman
307
00:11:22,551 --> 00:11:25,467
who found herself in the middle
of a perfect storm,
308
00:11:25,510 --> 00:11:27,034
made the best choices she could,
309
00:11:27,077 --> 00:11:28,513
and saved five lives.
310
00:11:28,557 --> 00:11:30,385
First witness?Dr. Park.
311
00:11:30,428 --> 00:11:33,257
Now, he's gonna testify
that he told her to operate
312
00:11:33,301 --> 00:11:35,259
on the plaintiff first.
313
00:11:35,303 --> 00:11:36,696
I'm gonna try to imply
314
00:11:36,739 --> 00:11:38,436
that it was actually he
who was derelict,
315
00:11:38,480 --> 00:11:40,787
since he clearly didn't
consider thoroughly
316
00:11:40,830 --> 00:11:43,224
the conditions of the other
patients in the trauma bay.
317
00:11:43,267 --> 00:11:44,442
Sounds smart.
318
00:11:44,486 --> 00:11:47,402
Why, thank you, sir.
[chuckles]
319
00:11:47,445 --> 00:11:49,230
I'm gonna go.
320
00:11:49,273 --> 00:11:51,362
Just beware of the bank shot.
321
00:11:52,929 --> 00:11:54,148
Come again?
322
00:12:01,024 --> 00:12:02,547
Damn.
No, no.
323
00:12:04,288 --> 00:12:05,681
Oh, yeah.
324
00:12:06,334 --> 00:12:08,249
The bank shot.
325
00:12:09,380 --> 00:12:11,774
So you think you know
why the plaintiff
326
00:12:11,818 --> 00:12:15,822
is calling a witness,
and y-you may be right.
327
00:12:15,865 --> 00:12:19,303
But a lot of the time,
the other side
328
00:12:19,347 --> 00:12:22,350
will call a witness with
a whole other purpose entirely.
329
00:12:22,393 --> 00:12:23,699
The witness
will say everything
330
00:12:23,743 --> 00:12:25,483
you expect him to say,
but then,
331
00:12:25,527 --> 00:12:27,790
just at the last minute, boom,
332
00:12:27,834 --> 00:12:31,315
he'll throw a whole new
fact pattern out there.
333
00:12:31,359 --> 00:12:32,316
Bank shot.
334
00:12:34,101 --> 00:12:36,277
So what do I do?Two things.
335
00:12:36,320 --> 00:12:37,669
One, do your best.
336
00:12:37,713 --> 00:12:40,281
Two, stop saying you're good.
337
00:12:40,324 --> 00:12:42,936
You shouldn't be good
until this is all over.
338
00:12:42,979 --> 00:12:46,156
And then, only if you've won.
339
00:12:46,200 --> 00:12:48,071
Stay scared, Chunk.
340
00:12:49,203 --> 00:12:51,379
Bank shots can come
out of nowhere.
341
00:12:51,422 --> 00:12:53,816
GROSSMAN:
Let's talk about
the evening of the shooting.
342
00:12:53,860 --> 00:12:56,340
How soon after
you got the call
343
00:12:56,384 --> 00:12:58,473
did you have someone
reach out to Dr. Kinsey
344
00:12:58,516 --> 00:13:01,128
and ask her to return
to the hospital?
345
00:13:01,171 --> 00:13:03,304
I believe it was within minutes.
346
00:13:03,347 --> 00:13:07,351
GROSSMAN:
And when she arrived,
did you tell Dr. Kinsey to take
347
00:13:07,395 --> 00:13:09,876
Mr. Watkins up to the OR
for surgery
348
00:13:09,919 --> 00:13:12,226
as soon as a room
became available?
349
00:13:12,269 --> 00:13:14,315
I did.And even though
350
00:13:14,358 --> 00:13:18,493
she received that directive
from you, her superior,
351
00:13:18,536 --> 00:13:22,105
that's not
what Dr. Kinsey did, is it?
352
00:13:23,150 --> 00:13:24,847
PARK: No.Now, you mentioned
353
00:13:24,891 --> 00:13:27,067
that Dr. Kinsey
decided to deploy
354
00:13:27,110 --> 00:13:28,285
a REBOA.
355
00:13:28,329 --> 00:13:29,852
Had you been consulted,
356
00:13:29,896 --> 00:13:31,636
would you have approved
of this decision?
357
00:13:31,680 --> 00:13:34,509
No, I would not.
358
00:13:34,552 --> 00:13:39,470
In my 27 years, I've actually
never used a REBOA.
359
00:13:39,514 --> 00:13:41,821
As far as I know,
the mainstream medical community
360
00:13:41,864 --> 00:13:46,564
has still not reached a decision
as to when, where or even if
361
00:13:46,608 --> 00:13:48,305
the REBOA should be used.
362
00:13:48,349 --> 00:13:50,525
It comes with a slew
of complications
363
00:13:50,568 --> 00:13:52,701
and high mortality rates.
364
00:13:52,744 --> 00:13:55,791
Are you surprised
the use of the REBOA resulted
365
00:13:55,835 --> 00:13:57,401
in Ryan Watkins' death?
366
00:13:57,445 --> 00:13:59,577
No.
No further questions
367
00:13:59,621 --> 00:14:01,841
for this witness, Your Honor.
368
00:14:03,538 --> 00:14:06,454
I'm not a doctor, but I sense
we're bleeding out here.
369
00:14:07,847 --> 00:14:09,457
Before I begin my questioning,
370
00:14:09,500 --> 00:14:10,850
I'd just like to thank you,
Dr. Park,
371
00:14:10,893 --> 00:14:13,504
you and the entire
Mercy Hospital team,
372
00:14:13,548 --> 00:14:16,246
for all of your hard work
during that awful night.
373
00:14:16,290 --> 00:14:18,205
Thank you.
374
00:14:18,248 --> 00:14:20,511
Now, you testified that
mere minutes after receiving
375
00:14:20,555 --> 00:14:22,426
the call about
the mass shooting,
376
00:14:22,470 --> 00:14:25,038
you directed someone
to call Dr. Kinsey
377
00:14:25,081 --> 00:14:26,822
and see if she'd be able
to come back to work.
378
00:14:26,866 --> 00:14:29,433
Yes.Even though she just
finished a 12-hour shift.
379
00:14:29,477 --> 00:14:30,608
Yes.
380
00:14:30,652 --> 00:14:32,436
You must hold her
in pretty high regard,
381
00:14:32,480 --> 00:14:34,438
wouldn't you say?
382
00:14:34,482 --> 00:14:35,875
I suppose so.
383
00:14:35,918 --> 00:14:39,052
In fact, you hired her,
didn't you?
384
00:14:39,095 --> 00:14:41,619
I was among the people
on the committee
385
00:14:41,663 --> 00:14:43,621
that weighed in
on her hiring, yes.
386
00:14:43,665 --> 00:14:47,147
I think it stands to reason
that at some point
387
00:14:47,190 --> 00:14:50,759
you had a high degree of faith
in Dr. Kinsey's decision-making.
388
00:14:50,802 --> 00:14:51,934
Wouldn't you say?
389
00:14:51,978 --> 00:14:54,284
And it's Chunk Palmer on the 20.
390
00:14:55,503 --> 00:14:57,548
I'm waiting for an answer,
Dr. Park.
391
00:14:57,592 --> 00:14:59,594
GROSSMAN:
Objection, Your
Honor. Relevance.
392
00:14:59,637 --> 00:15:02,075
This trial is not about
why Dr. Kinsey was hired.
393
00:15:02,118 --> 00:15:04,642
It is about why she
did what she did
394
00:15:04,686 --> 00:15:08,472
after being given specific
instructions by her superior.
395
00:15:08,516 --> 00:15:10,735
Objection sustained.
Ask another question,
396
00:15:10,779 --> 00:15:12,520
Counselor.
397
00:15:12,563 --> 00:15:15,001
Situations like this,
a-a mass shooting,
398
00:15:15,044 --> 00:15:16,741
are fast-moving
399
00:15:16,785 --> 00:15:18,482
and fluid,
aren't they?Of course.
400
00:15:18,526 --> 00:15:20,832
And so, as patients
are moved from EMS
401
00:15:20,876 --> 00:15:24,010
to emergency room doctors
to trauma surgeons,
402
00:15:24,053 --> 00:15:27,970
quite often their condition
changes rapidly, doesn't it?
403
00:15:28,014 --> 00:15:29,189
That's correct.
404
00:15:29,232 --> 00:15:30,973
And am I safe in
assuming that, ideally,
405
00:15:31,017 --> 00:15:34,803
you would want them to be
reassessed as often as possible?
406
00:15:34,846 --> 00:15:36,544
Of course.
So,
407
00:15:36,587 --> 00:15:38,372
the night that you decided
that Mr. Watkins
408
00:15:38,415 --> 00:15:41,766
should be operated on
prior to anyone else,
409
00:15:41,810 --> 00:15:44,769
isn't it possible that while
that was the right decision
410
00:15:44,813 --> 00:15:47,947
when you made it, it might not
have been the right decision
411
00:15:47,990 --> 00:15:49,644
five or ten minutes later?
412
00:15:49,687 --> 00:15:51,472
And isn't
it possible
413
00:15:51,515 --> 00:15:52,995
that on Dr. Kinsey's subsequent,
414
00:15:53,039 --> 00:15:55,302
more thorough
examination,
415
00:15:55,345 --> 00:15:57,739
and faced with two
critically wounded patients,
416
00:15:57,782 --> 00:16:00,437
she could reasonably disagree
with your assessment?
417
00:16:00,481 --> 00:16:03,005
She lost a patient.
418
00:16:03,049 --> 00:16:06,487
If she had done what you told
her, she could have lost two.
419
00:16:06,530 --> 00:16:08,228
Bingo.GROSSMAN:
Objection, Your Honor.
420
00:16:08,271 --> 00:16:10,882
Counsel is testifying.[gavel bangs]
421
00:16:10,926 --> 00:16:13,102
Objection sustained.
The jury will disregard
422
00:16:13,146 --> 00:16:14,843
counsel's last statement.
423
00:16:14,886 --> 00:16:16,627
It's already forever burned
in their brains.
424
00:16:16,671 --> 00:16:18,020
RAND:
Mr. Palmer?
425
00:16:18,064 --> 00:16:20,675
You do know the difference
between a question
426
00:16:20,718 --> 00:16:22,633
and a statement, don't you?
427
00:16:22,677 --> 00:16:24,026
You bet he does.
428
00:16:24,070 --> 00:16:25,506
I do, Your Honor,
and I apologize
429
00:16:25,549 --> 00:16:28,726
to the court and to the jury
and the witness.
430
00:16:28,770 --> 00:16:30,511
Your apology's accepted.
431
00:16:30,554 --> 00:16:33,601
You get one, Mr. Palmer.
432
00:16:33,644 --> 00:16:35,516
Any more questions
for this witness?
433
00:16:35,559 --> 00:16:38,693
Not at this time, Your Honor.
434
00:16:38,736 --> 00:16:40,042
GROSSMAN:
Permission to redirect?
435
00:16:40,086 --> 00:16:41,913
RAND:
Go ahead,
Ms. Grossman.
436
00:16:41,957 --> 00:16:43,959
GROSSMAN:
Now, Dr. Park,
437
00:16:44,003 --> 00:16:47,267
this isn't the first time
that Dr. Kinsey has gone rogue
438
00:16:47,310 --> 00:16:48,616
while on your watch,
is it?
439
00:16:48,659 --> 00:16:51,706
No, it is not.
440
00:16:51,749 --> 00:16:53,708
GROSSMAN:
Could you elaborate
for us, please?
441
00:16:53,751 --> 00:16:55,927
PARK:
It was three months or so
442
00:16:55,971 --> 00:16:57,755
after Dr. Kinsey
joined our staff.
443
00:16:57,799 --> 00:17:00,584
We had a patient,
a car crash victim.
444
00:17:00,628 --> 00:17:04,675
Upon examination we realized she
had cirrhosis-- liver disease--
445
00:17:04,719 --> 00:17:06,112
and had developed ascites,
446
00:17:06,155 --> 00:17:10,072
essentially an accumulation
of fluid in the abdomen
447
00:17:10,116 --> 00:17:14,207
which can cause kidney or
liver failure if left untreated.
448
00:17:14,250 --> 00:17:16,861
And you had Dr. Kinsey
work on this patient?
449
00:17:16,905 --> 00:17:20,778
Yes. A common procedure
is to drain the fluid
450
00:17:20,822 --> 00:17:23,607
through what's called
therapeutic paracentesis.
451
00:17:23,651 --> 00:17:26,784
You have to very carefully
hold a needle
452
00:17:26,828 --> 00:17:28,612
while the fluid drains.
453
00:17:28,656 --> 00:17:33,313
If the patient moves
or if the needle slips,
454
00:17:33,356 --> 00:17:36,446
it could puncture the liver,
causing internal bleeding.
455
00:17:36,490 --> 00:17:39,667
And so you had Dr. Kinsey
perform this procedure?
456
00:17:39,710 --> 00:17:41,103
That's correct.
457
00:17:41,147 --> 00:17:42,713
But apparently, there was
458
00:17:42,757 --> 00:17:45,847
an urgent situation
down the hall,
459
00:17:45,890 --> 00:17:47,762
and instead of stopping
the procedure
460
00:17:47,805 --> 00:17:51,983
and pulling the needle out
to go and attend to the problem,
461
00:17:52,027 --> 00:17:55,900
Dr. Kinsey decided to tape
the needle in place,
462
00:17:55,944 --> 00:17:58,816
I suppose hoping
that it would auto-drain
463
00:17:58,860 --> 00:18:01,123
while she was off
assisting down the hall.
464
00:18:01,167 --> 00:18:02,646
GROSSMAN:
Is that something
that's recommended
465
00:18:02,690 --> 00:18:04,387
while performing this procedure?
466
00:18:04,431 --> 00:18:06,302
No. Absolutely not.
467
00:18:06,346 --> 00:18:08,478
You never leave
a sharp instrument
468
00:18:08,522 --> 00:18:11,133
sticking out
of a patient unattended.
469
00:18:11,177 --> 00:18:13,222
Luckily, I came by
to check on the procedure.
470
00:18:13,266 --> 00:18:15,572
I pulled the needle,
preserving the patient's safety,
471
00:18:15,616 --> 00:18:18,575
and had a very long talk
with Dr. Kinsey.
472
00:18:18,619 --> 00:18:23,754
The thing is, it was clever,
but not responsible medicine.
473
00:18:23,798 --> 00:18:25,713
GROSSMAN:
So,
474
00:18:25,756 --> 00:18:28,846
it appears that Dr. Kinsey
has a history
475
00:18:28,890 --> 00:18:32,372
of maverick medical procedures
that risk patient health.
476
00:18:32,415 --> 00:18:34,287
Objection.
Counsel is testifying.
477
00:18:34,330 --> 00:18:35,984
Rephrase, Ms. Grossman.
478
00:18:36,027 --> 00:18:37,594
I'll withdraw the statement.
479
00:18:37,638 --> 00:18:39,814
No further questions.
480
00:18:45,602 --> 00:18:47,213
BULL:
Where the hell did
that come from?
481
00:18:47,256 --> 00:18:48,257
CHUNK:
Bank shot.
482
00:18:52,174 --> 00:18:53,349
KINSEY:
You have to understand.
From my perspective,
483
00:18:53,393 --> 00:18:55,308
it was a nonevent.
484
00:18:55,351 --> 00:18:58,311
The woman's abdomen was draining
just fine and I was attending
485
00:18:58,354 --> 00:18:59,399
to another patient.
486
00:18:59,442 --> 00:19:00,835
Dr. Park came by,
487
00:19:00,878 --> 00:19:02,271
and I wasn't doing it
the way he would do it,
488
00:19:02,315 --> 00:19:05,013
but that doesn't mean
I was doing it improperly.
489
00:19:05,056 --> 00:19:06,971
I don't mean
to cast aspersions,
490
00:19:07,015 --> 00:19:10,061
but Park, he's the kind of guy
who's gonna keep making his bed
491
00:19:10,105 --> 00:19:13,500
until it's absolutely perfect,
even when the house is on fire.
492
00:19:13,543 --> 00:19:15,850
Be that as it may,
the plaintiff's attorney
493
00:19:15,893 --> 00:19:17,982
has already planted it
in the jury's mind
494
00:19:18,026 --> 00:19:20,420
that you're some kind
of rebel doctor,
495
00:19:20,463 --> 00:19:22,552
willing to compromise
your patient's well-being
496
00:19:22,596 --> 00:19:25,294
for the satisfaction
of doing it your way.
497
00:19:25,338 --> 00:19:26,817
CHUNK:
Do you know
498
00:19:26,861 --> 00:19:28,471
a Dr. Kendra Collier?
499
00:19:28,515 --> 00:19:31,039
Name rings a bell.
500
00:19:31,082 --> 00:19:33,868
Uh, maybe the military?
Maybe Afghanistan?
501
00:19:33,911 --> 00:19:35,870
CHUNK:
Well, she's on this
revised witness list
502
00:19:35,913 --> 00:19:38,046
and is first up
to testify tomorrow.
503
00:19:38,089 --> 00:19:39,874
Sorry.
504
00:19:39,917 --> 00:19:43,312
In case it jogs your memory,
she is a critical care physician
505
00:19:43,356 --> 00:19:44,922
out of San Antonio?
506
00:19:44,966 --> 00:19:47,098
Never been to San Antonio.
507
00:19:47,142 --> 00:19:48,056
TAYLOR:
Okay, how's this?
508
00:19:48,099 --> 00:19:50,928
From 2004 to
2009, she worked
509
00:19:50,972 --> 00:19:52,843
at Landstuhl Regional
Medical Facility in Germany.
510
00:19:52,887 --> 00:19:54,889
Okay. Military doctor,
I got that part right,
511
00:19:54,932 --> 00:19:56,978
but I never served in Germany.
512
00:19:57,021 --> 00:19:58,327
MARISSA:
So you have no clue
why they're calling her
513
00:19:58,371 --> 00:20:00,068
to testify?
514
00:20:00,111 --> 00:20:03,158
Uh, San Antonio to New York City
is a pretty pricy plane ticket.
515
00:20:03,202 --> 00:20:04,812
There's got to be a reason
that they're willing
516
00:20:04,855 --> 00:20:06,248
to go to so much trouble.
517
00:20:07,336 --> 00:20:09,164
I'm sorry.
I don't know who she is.
518
00:20:10,121 --> 00:20:12,733
Well, I guess we will
all find out tomorrow.
519
00:20:14,735 --> 00:20:15,997
[brakes squeaking]
520
00:20:16,040 --> 00:20:17,216
We making a stop?
521
00:20:17,259 --> 00:20:19,435
I asked Benny to join us.
522
00:20:19,479 --> 00:20:21,437
He's gonna sit with me
in the gallery.
523
00:20:21,481 --> 00:20:24,179
I need an extra set
of eyes and ears.
524
00:20:25,311 --> 00:20:27,051
[grunts]
525
00:20:28,052 --> 00:20:29,445
Morning, fellas.
526
00:20:29,489 --> 00:20:32,143
Well, isn't this
a nice surprise?
527
00:20:32,187 --> 00:20:34,102
I was just reading about
you in the newspaper here.
528
00:20:34,145 --> 00:20:35,495
At least I think it's you.
529
00:20:35,538 --> 00:20:37,148
The way they spelled
your name made it sound
530
00:20:37,192 --> 00:20:39,673
like you're a part of
somebody's digestive system.
531
00:20:39,716 --> 00:20:43,242
"Benny Colon."
[laughs]
532
00:20:43,285 --> 00:20:46,506
Seriously, man, congratulations.
You got my vote.
533
00:20:46,549 --> 00:20:49,857
Yeah, that's just 'cause
you want your old office back.
534
00:20:49,900 --> 00:20:52,076
So you made
the announcement last night?
535
00:20:52,120 --> 00:20:53,817
Not me, personally, but yeah.
536
00:20:53,861 --> 00:20:55,950
It's finally out there.
537
00:20:55,993 --> 00:20:58,082
I think they were afraid
if they didn't announce it soon,
538
00:20:58,126 --> 00:21:00,476
I was going to change my mind. [gavel bangs]
539
00:21:00,520 --> 00:21:02,043
GROSSMAN:
Dr. Collier,
540
00:21:02,086 --> 00:21:05,002
the defendant, Dr. Kinsey,
in her deposition, claims
541
00:21:05,046 --> 00:21:09,137
that she successfully deployed
a REBOA for over one hour
542
00:21:09,180 --> 00:21:13,315
in a Colonel Mark Winston during
her service in Afghanistan.
543
00:21:13,359 --> 00:21:14,882
Now, you were part
544
00:21:14,925 --> 00:21:16,840
of the treatment
team at Landstuhl
545
00:21:16,884 --> 00:21:19,147
for that same
soldier, correct?Correct.
546
00:21:19,190 --> 00:21:22,106
Can you tell us about
Colonel Winston's injuries?
547
00:21:22,150 --> 00:21:25,936
Winston's unit was hit with
an improvised explosive device
548
00:21:25,980 --> 00:21:27,329
in Afghanistan.
549
00:21:27,373 --> 00:21:29,375
He suffered massive
abdominal wounds
550
00:21:29,418 --> 00:21:32,203
and had to be transferred to
the Kandahar base for surgery,
551
00:21:32,247 --> 00:21:34,684
and then to us in Landstuhl
for further treatment.
552
00:21:34,728 --> 00:21:37,034
He survived the transports,
but died in our care
553
00:21:37,078 --> 00:21:38,558
eight days later.
554
00:21:38,601 --> 00:21:39,776
Oh, no...
555
00:21:39,820 --> 00:21:42,910
GROSSMAN: Were his wounds
just too severe?
556
00:21:42,953 --> 00:21:45,608
His wounds were very severe.
But that's not what killed him.
557
00:21:45,652 --> 00:21:48,350
Well, then, what did?
558
00:21:48,394 --> 00:21:50,439
Well, as you mentioned,
the medical team
559
00:21:50,483 --> 00:21:52,223
who performed the initial
transport in Afghanistan,
560
00:21:52,267 --> 00:21:53,224
the one supervised
561
00:21:53,268 --> 00:21:54,922
by Dr. Kinsey,
562
00:21:54,965 --> 00:21:59,100
used a REBOA to keep the colonel
from hemorrhaging during flight.
563
00:21:59,143 --> 00:22:02,146
Unfortunately,
the transport took an hour,
564
00:22:02,190 --> 00:22:05,715
and that's a long time to
cut off someone's blood supply.
565
00:22:05,759 --> 00:22:08,239
So you're saying
it was the REBOA
566
00:22:08,283 --> 00:22:10,503
that led to Colonel Winston's
death?
567
00:22:10,546 --> 00:22:12,592
Essentially, yes.
568
00:22:12,635 --> 00:22:14,071
The REBOA pretty much
killed his legs,
569
00:22:14,115 --> 00:22:17,031
and Winston ultimately
died of sepsis.
570
00:22:17,074 --> 00:22:18,249
GROSSMAN:
But this didn't happen
571
00:22:18,293 --> 00:22:20,861
in the case of
Ryan Watkins, did it?
572
00:22:20,904 --> 00:22:23,516
Same cause,
different complication.
573
00:22:23,559 --> 00:22:26,257
In Mr. Watkins' case,
it wasn't his legs,
574
00:22:26,301 --> 00:22:28,608
but the end result
was the same.
575
00:22:28,651 --> 00:22:32,394
So, in your professional
opinion, was it reasonable
576
00:22:32,438 --> 00:22:36,398
for Dr. Kinsey to assume that
she could successfully deploy
577
00:22:36,442 --> 00:22:39,836
a REBOA for such
a lengthy period of time
578
00:22:39,880 --> 00:22:42,796
in either Colonel Winston or,
for that matter,
579
00:22:42,839 --> 00:22:45,189
in the case of Ryan Watkins?
580
00:22:45,233 --> 00:22:46,756
No.
581
00:22:46,800 --> 00:22:49,803
You just can't keep it in
that long and expect it to work.
582
00:22:49,846 --> 00:22:52,109
GROSSMAN:
No further questions.
583
00:22:52,153 --> 00:22:53,981
Your witness, Mr. Palmer.
584
00:22:54,024 --> 00:22:56,070
Ask the judge
for a short recess.
585
00:22:56,113 --> 00:22:58,289
I think the two of us
should confer with Benny.
586
00:22:58,333 --> 00:22:59,769
I got this.
587
00:23:01,467 --> 00:23:05,427
Okay, I just listened
to your testimony, Dr. Collier,
588
00:23:05,471 --> 00:23:08,778
and I have to tell you
I'm a little confused.
589
00:23:08,822 --> 00:23:10,214
Let me see if I can't
help you, then.
590
00:23:10,258 --> 00:23:13,261
CHUNK:
Great. So, let's start
back at the beginning.
591
00:23:13,304 --> 00:23:15,176
A patient like Colonel Winston,
592
00:23:15,219 --> 00:23:19,049
all these abdominal wounds...
593
00:23:19,093 --> 00:23:21,791
There any way he's gonna survive
a 60-minute transport
594
00:23:21,835 --> 00:23:24,533
without some sort
of hemorrhage control?
595
00:23:26,405 --> 00:23:29,451
No.And without some sort
of hemorrhage control,
596
00:23:29,495 --> 00:23:32,367
how quickly is someone
in the colonel's condition
597
00:23:32,411 --> 00:23:36,371
likely to bleed out?
30 minutes?
598
00:23:37,807 --> 00:23:39,679
15 minutes?
599
00:23:41,202 --> 00:23:44,161
Would he have even
lasted five minutes?
600
00:23:45,859 --> 00:23:47,338
Less than five minutes.
601
00:23:47,382 --> 00:23:49,166
CHUNK:
So the options were either
602
00:23:49,210 --> 00:23:51,299
let the patient die
on the helicopter,
603
00:23:51,342 --> 00:23:55,303
or deploy this REBOA
and get him to a facility
604
00:23:55,346 --> 00:23:58,306
where he could be treated
and possibly saved?
605
00:23:58,349 --> 00:24:00,177
Isn't that correct?
606
00:24:00,221 --> 00:24:02,963
Basically, yes.So the REBOA
607
00:24:03,006 --> 00:24:05,966
bought him time.
608
00:24:06,009 --> 00:24:09,273
In fact, it bought him
eight days, didn't it?
609
00:24:09,317 --> 00:24:10,927
Because had it not
been used,
610
00:24:10,971 --> 00:24:12,842
he would have died on day one.
611
00:24:12,886 --> 00:24:14,017
Isn't that correct?
612
00:24:14,061 --> 00:24:15,628
Yes, that would be correct.
613
00:24:15,671 --> 00:24:17,151
So let me ask you
a question.
614
00:24:17,194 --> 00:24:18,413
During the time
that you were
615
00:24:18,457 --> 00:24:20,850
treating the colonel
in Landstuhl,
616
00:24:20,894 --> 00:24:23,462
did his family come to see him?
617
00:24:23,505 --> 00:24:26,290
His wife, his son?
618
00:24:26,334 --> 00:24:28,118
Yes, I believe they did.
619
00:24:28,162 --> 00:24:31,905
So the REBOA,
the dreaded REBOA,
620
00:24:31,948 --> 00:24:35,604
actually allowed the colonel
to have eight more days
621
00:24:35,648 --> 00:24:39,521
to spend with his family
and to say goodbye to them?
622
00:24:39,565 --> 00:24:40,827
Isn't that correct?
623
00:24:40,870 --> 00:24:42,916
Yes.
624
00:24:42,959 --> 00:24:45,048
I suppose it did.
625
00:24:45,092 --> 00:24:47,137
Sounds like Dr. Kinsey
626
00:24:47,181 --> 00:24:49,749
made the right choice to me.GROSSMAN: Objection!
627
00:24:49,792 --> 00:24:51,315
Counsel is testifying.
628
00:24:51,359 --> 00:24:52,578
RAND:
Objection sustained.
629
00:24:52,621 --> 00:24:55,276
The jury will ignore
counsel's last question.
630
00:24:55,319 --> 00:24:58,497
I do apologize, Your Honor.
No further questions.
631
00:24:58,540 --> 00:25:02,849
Gosh, I knew him when he used to
tell clients what color shirts
632
00:25:02,892 --> 00:25:05,547
to wear to their depositions.
633
00:25:05,591 --> 00:25:10,378
Very impressive
cross-examination, Chunk.Thank you.
634
00:25:10,421 --> 00:25:12,467
I'm glad you think so,
Counselor.
635
00:25:12,511 --> 00:25:16,558
Mr. Palmer, the next time I tell
you to ask for a short recess,
636
00:25:16,602 --> 00:25:18,429
ask for a short recess.
637
00:25:18,473 --> 00:25:20,127
Bull, the man did great.
638
00:25:20,170 --> 00:25:22,042
And then we will
go out into the hall,
639
00:25:22,085 --> 00:25:24,044
you will share your thoughts,
I will share my thoughts,
640
00:25:24,087 --> 00:25:26,046
and Mr. Colón, who is not yet
the city's D.A.,
641
00:25:26,089 --> 00:25:27,438
will offer his
point of view,
642
00:25:27,482 --> 00:25:29,615
and then I will decide
what we are going to do.
643
00:25:29,658 --> 00:25:33,183
Do we all understand
each other?
644
00:25:33,227 --> 00:25:35,751
Well, I understand
what you're saying,
645
00:25:35,795 --> 00:25:37,840
but I don't know why
you're saying it.
646
00:25:37,884 --> 00:25:40,321
Because you got lucky, Chunk.
647
00:25:40,364 --> 00:25:42,323
We walked into court today
knowing very little
648
00:25:42,366 --> 00:25:43,542
about that doctor.
649
00:25:43,585 --> 00:25:45,631
We didn't even know why
she was testifying.
650
00:25:45,674 --> 00:25:47,807
She could have just as easily
answered your question
651
00:25:47,850 --> 00:25:50,592
that it was her medical skill
that kept that man alive
652
00:25:50,636 --> 00:25:52,420
for eight days,
and it would have been 20
653
00:25:52,463 --> 00:25:54,204
had our client
not used a REBOA.
654
00:25:54,248 --> 00:25:56,467
But she didn't say
any of that, did she?
655
00:25:56,511 --> 00:25:58,469
Don't confuse luck with skill.
656
00:25:58,513 --> 00:25:59,775
I'm not confused.
657
00:25:59,819 --> 00:26:01,429
I took a shot and it paid off.
658
00:26:01,472 --> 00:26:03,474
Well, we don't take shots
with other people's lives
659
00:26:03,518 --> 00:26:05,607
and livelihoods,
and we don't ask questions
660
00:26:05,651 --> 00:26:07,217
we don't know the answers to.
661
00:26:07,261 --> 00:26:09,742
And we certainly don't
ignore the opportunity
662
00:26:09,785 --> 00:26:12,614
to compare notes with two people
whose combined experience
663
00:26:12,658 --> 00:26:15,748
equals almost as much time
as you've been on the planet.
664
00:26:19,316 --> 00:26:21,362
He's running for office,
you're going rogue.
665
00:26:23,712 --> 00:26:25,192
Believe me, I'd go to court
666
00:26:25,235 --> 00:26:28,064
and ask the questions myself
if I could.
[scoffs]
667
00:26:37,030 --> 00:26:38,814
Sorry. Sorry, sorry.
668
00:26:38,858 --> 00:26:40,860
I couldn't get a cab.
I ended up taking the subway.
669
00:26:40,903 --> 00:26:42,731
And forgive me,
I never got a chance
670
00:26:42,775 --> 00:26:45,647
to tell you how impressive
you were yesterday,
671
00:26:45,691 --> 00:26:46,779
cross-examining that doctor
from San Antonio.
672
00:26:46,822 --> 00:26:49,129
Thank you.
Just got lucky.
673
00:26:49,172 --> 00:26:50,826
KINSEY:
Whatever. It worked.
674
00:26:50,870 --> 00:26:52,915
So, what does today hold?
675
00:26:52,959 --> 00:26:55,178
That's what we're here
to ask you.
676
00:26:55,222 --> 00:26:57,920
The first witness up today
is Nurse Darna Bautista.
677
00:26:57,964 --> 00:27:00,619
Now, she worked with you
the night that Mr. Watkins died.
678
00:27:00,662 --> 00:27:02,272
Any idea what she's gonna say?
679
00:27:02,316 --> 00:27:04,797
[scoffs]
That I'm a bitch.
680
00:27:04,840 --> 00:27:06,712
She idolizes Dr. Park.
681
00:27:06,755 --> 00:27:08,409
When I said I wasn't
gonna do things
682
00:27:08,452 --> 00:27:10,933
in exactly the way...
in exactly the order
683
00:27:10,977 --> 00:27:12,761
that Dr. Park indicated,
684
00:27:12,805 --> 00:27:14,633
she looked like she was
gonna have a stroke.
685
00:27:14,676 --> 00:27:16,765
When you say
she idolizes Dr. Park,
686
00:27:16,809 --> 00:27:17,897
what does that mean?
687
00:27:17,940 --> 00:27:19,725
They were friends? Lovers?
688
00:27:19,768 --> 00:27:21,509
No, I don't think so.
689
00:27:21,552 --> 00:27:24,555
I just know she thinks
he walks on water.
690
00:27:24,599 --> 00:27:27,036
Nurse Bautista,
you were one of the ER nurses
691
00:27:27,080 --> 00:27:29,560
working at Mercy
the evening of the shooting?
692
00:27:29,604 --> 00:27:30,866
Yes, I was.
693
00:27:30,910 --> 00:27:32,999
I was providing care
for Ryan Watkins.
694
00:27:33,042 --> 00:27:35,218
First under the supervision
of Dr. Park,
695
00:27:35,262 --> 00:27:37,743
and then under the supervision
of Dr. Kinsey.
696
00:27:37,786 --> 00:27:40,615
And did you have occasion
to tell Dr. Kinsey
697
00:27:40,659 --> 00:27:42,095
anything about her patient?
698
00:27:42,138 --> 00:27:43,531
I did.
699
00:27:43,574 --> 00:27:45,620
I'm guessing you're
talking about
700
00:27:45,664 --> 00:27:47,100
normal medical information
701
00:27:47,143 --> 00:27:50,364
that a doctor might expect
a nurse to provide.
Yes.
702
00:27:50,407 --> 00:27:54,020
But I also shared
something else with her.
703
00:27:54,063 --> 00:27:56,413
Something I shouldn't
have shared.
704
00:27:56,457 --> 00:27:58,677
Something that wasn't true,
705
00:27:58,720 --> 00:28:00,026
although I didn't
know it at the time.
706
00:28:00,069 --> 00:28:01,418
What did she say to you?
707
00:28:01,462 --> 00:28:03,943
I honestly don't know.
Nothing beyond the usual.
708
00:28:03,986 --> 00:28:05,945
GROSSMAN:
And what was that?
709
00:28:05,988 --> 00:28:10,123
You have to understand,
it was chaos that night.
710
00:28:10,166 --> 00:28:12,778
There was all kinds of
misinformation flying around.
711
00:28:12,821 --> 00:28:14,823
At one point we heard
there were three gunmen.
712
00:28:14,867 --> 00:28:16,303
At another point,
somebody wrote a tweet
713
00:28:16,346 --> 00:28:19,001
that the shooting was
a terrorist operation.
714
00:28:19,045 --> 00:28:21,482
We understand how stressful
this situation
715
00:28:21,525 --> 00:28:23,658
must have been for you,
Ms. Bautista,
716
00:28:23,702 --> 00:28:25,442
but what is it
717
00:28:25,486 --> 00:28:27,053
you said to Dr. Kinsey?
718
00:28:28,097 --> 00:28:30,578
When EMS brought in Mr. Watkins
719
00:28:30,621 --> 00:28:33,973
into the ER that night...
720
00:28:34,016 --> 00:28:39,500
I was led to believe that he,
um, Mr. Watkins...
721
00:28:39,543 --> 00:28:40,893
was the shooter.
722
00:28:42,111 --> 00:28:44,940
And you shared that
with Dr. Kinsey?
723
00:28:44,984 --> 00:28:46,246
Yes, I did.
724
00:28:46,289 --> 00:28:47,769
Obviously, I don't know if that
725
00:28:47,813 --> 00:28:51,033
had anything to do
with Dr. Kinsey's decision,
726
00:28:51,077 --> 00:28:52,600
but I know it would have
affected me
727
00:28:52,643 --> 00:28:54,167
if I had been in her shoes.
728
00:28:54,210 --> 00:28:56,038
Objection.
The witness is speculating,
729
00:28:56,082 --> 00:28:57,083
offering her opinion.
730
00:28:57,126 --> 00:28:59,346
Sustained. Jury will ignore.
731
00:28:59,389 --> 00:29:02,915
GROSSMAN:
So, Nurse Bautista,
in a situation like this,
732
00:29:02,958 --> 00:29:05,831
is it a doctor's job
to determine
733
00:29:05,874 --> 00:29:10,357
whose life is more valuable,
who deserves to be saved?
734
00:29:10,400 --> 00:29:14,056
Your Honor, opposing counsel is
soliciting the witness's opinion
735
00:29:14,100 --> 00:29:15,405
using different phrasing.
736
00:29:15,449 --> 00:29:17,277
Sustained.
Ms. Grossman,
737
00:29:17,320 --> 00:29:20,280
the ice is paper-thin
where you're standing.
738
00:29:20,323 --> 00:29:21,803
You understand me?
739
00:29:21,847 --> 00:29:24,023
I do, Your Honor,
and I withdraw the question.
740
00:29:24,066 --> 00:29:25,676
No further questions.
741
00:29:25,720 --> 00:29:27,896
I promise you, I have no
recollection of anyone saying
742
00:29:27,940 --> 00:29:29,463
that any of the people
we were trying to save
743
00:29:29,506 --> 00:29:30,594
that night might have
been the shooter.
744
00:29:30,638 --> 00:29:32,031
I know, I know.
745
00:29:32,074 --> 00:29:34,076
Ask for a short recess.
746
00:29:36,078 --> 00:29:39,647
Okay, we basically
have two choices.
747
00:29:39,690 --> 00:29:42,606
We can go back in there
and say we have
748
00:29:42,650 --> 00:29:44,695
no more questions
for the nurse
749
00:29:44,739 --> 00:29:47,220
and start our case by
putting on Dr. Kinsey.
750
00:29:47,263 --> 00:29:48,656
That's a horrible choice.
751
00:29:48,699 --> 00:29:50,397
Or we go back in there and
say we have no questions
752
00:29:50,440 --> 00:29:52,791
for the nurse
and rest our case as well,
753
00:29:52,834 --> 00:29:55,054
and stake everything
on closing arguments.
754
00:29:55,097 --> 00:29:58,709
Oh, my God,
so we're just... giving up?
755
00:29:58,753 --> 00:30:00,755
With all due respect,
Dr. Bull,
756
00:30:00,799 --> 00:30:02,409
but why wouldn't you want me
to go back in there
757
00:30:02,452 --> 00:30:03,845
and grill that nurse?
758
00:30:03,889 --> 00:30:05,412
Get her to admit that
she never said those things.
759
00:30:05,455 --> 00:30:07,240
And how are you
gonna do that?
760
00:30:07,283 --> 00:30:10,678
How are you going to prove
someone didn't say something?
761
00:30:10,721 --> 00:30:13,202
How are you gonna prove
a negative?
762
00:30:13,246 --> 00:30:15,074
It's just gonna be
her word against ours,
763
00:30:15,117 --> 00:30:17,511
and no one is accusing her of
having allowed someone to die.
764
00:30:17,554 --> 00:30:19,861
But we can't let that jury
think that
765
00:30:19,905 --> 00:30:21,907
what that nurse said
is the truth.
766
00:30:23,909 --> 00:30:26,085
That's why we're gonna put
Dr. Kinsey on the stand.
767
00:30:26,128 --> 00:30:28,870
You can deny
having heard it.
768
00:30:28,914 --> 00:30:30,263
And, yes,
769
00:30:30,306 --> 00:30:33,048
it will still be your word
against the nurse's,
770
00:30:33,092 --> 00:30:36,051
but at least we will have
answered the accusation.
771
00:30:36,095 --> 00:30:38,010
It will be on the record.
772
00:30:38,053 --> 00:30:40,186
And then we will get you
off the stand
773
00:30:40,229 --> 00:30:42,884
as quickly as possible and
move on to closing arguments.
774
00:30:42,928 --> 00:30:45,452
So, wait, there are
no other witnesses?
775
00:30:45,495 --> 00:30:47,541
What about the people
I saved that night?
776
00:30:47,584 --> 00:30:49,456
Their family members.BULL: No.
777
00:30:49,499 --> 00:30:52,111
The second we swear them in,
opposing counsel will challenge
778
00:30:52,154 --> 00:30:56,028
on the basis of relevance,
and we will lose.
779
00:30:56,071 --> 00:30:57,812
Because your ability
to help them
780
00:30:57,856 --> 00:31:01,076
isn't relevant to the question
of whether you were reckless
781
00:31:01,120 --> 00:31:03,296
in your treatment
of Mr. Watkins.
782
00:31:04,427 --> 00:31:07,126
I'm sorry,
it just isn't.
783
00:31:07,169 --> 00:31:08,475
CHUNK:
Dr. Kinsey,
784
00:31:08,518 --> 00:31:11,130
do you recall Nurse Bautista
telling you
785
00:31:11,173 --> 00:31:15,177
that Ryan Watkins, the man whose
life you were trying to save,
786
00:31:15,221 --> 00:31:17,658
was in fact the man
who killed 38 people
787
00:31:17,701 --> 00:31:20,008
at the "We Are All from
Somewhere Else" demonstration?
788
00:31:20,052 --> 00:31:25,057
No. I have no recollection
of that. None.
789
00:31:25,100 --> 00:31:28,495
And for what it's worth,
had she told me,
790
00:31:28,538 --> 00:31:31,150
it would have made no difference
in my decision-making
791
00:31:31,193 --> 00:31:34,109
with regard to Mr. Watkins'
care that night.
792
00:31:34,153 --> 00:31:36,024
It's my job to help people,
793
00:31:36,068 --> 00:31:38,592
not to judge them.
794
00:31:38,635 --> 00:31:42,291
So tell us, why'd you
do what you did?
795
00:31:42,335 --> 00:31:45,425
Why'd you defy your superior
and decide to work
796
00:31:45,468 --> 00:31:47,906
on someone else first?
797
00:31:48,950 --> 00:31:50,604
Once Dr. Park left
798
00:31:50,647 --> 00:31:53,650
and I had a chance to examine
Mr. Watkins for myself,
799
00:31:53,694 --> 00:31:57,219
I realized,
he was really far gone.
800
00:31:57,263 --> 00:31:59,700
The likelihood of us
saving him that night
801
00:31:59,743 --> 00:32:02,964
in the OR was slim at best.
802
00:32:03,008 --> 00:32:05,836
It was also clear to me
that whatever we did,
803
00:32:05,880 --> 00:32:08,056
it was going to take hours.
804
00:32:08,100 --> 00:32:09,797
So when I saw that young woman,
805
00:32:09,840 --> 00:32:12,669
and realized
with about a half an hour
806
00:32:12,713 --> 00:32:16,238
I could get her to a place
where she could pull through...
807
00:32:18,327 --> 00:32:21,722
I... I had no choice.
808
00:32:21,765 --> 00:32:25,726
And what did Dr. Park say
later on that night
809
00:32:25,769 --> 00:32:29,512
when he found out that
Mr. Watkins didn't make it?
810
00:32:29,556 --> 00:32:32,385
I actually didn't see Dr. Park
the rest of the night.
811
00:32:32,428 --> 00:32:35,040
I mean, there were literally
hundreds of people
812
00:32:35,083 --> 00:32:37,781
seeking treatment;
I was pretty much on my own.
813
00:32:37,825 --> 00:32:39,566
So working on your own,
814
00:32:39,609 --> 00:32:42,003
without any supervision,
815
00:32:42,047 --> 00:32:45,964
how many people did you
personally save that night?
816
00:32:46,007 --> 00:32:50,577
I... I'm not really sure
how you would define "saved."
817
00:32:50,620 --> 00:32:53,232
How many people would have died
that night
818
00:32:53,275 --> 00:32:54,973
without you having treated them?
819
00:32:55,016 --> 00:32:58,150
At least five that I'm aware of.
820
00:32:58,193 --> 00:33:00,195
CHUNK:
Five.
821
00:33:00,239 --> 00:33:02,981
No further questions,
Your Honor.
822
00:33:03,024 --> 00:33:05,026
RAND:
Very well.
823
00:33:05,070 --> 00:33:07,898
Does the plaintiff have
any questions for the witness?
824
00:33:07,942 --> 00:33:10,336
I do, Your Honor.
825
00:33:10,379 --> 00:33:11,511
Just one.
826
00:33:11,554 --> 00:33:13,078
So...
827
00:33:13,121 --> 00:33:17,517
you believe that you
saved five lives that night?
828
00:33:19,388 --> 00:33:21,782
And how many do you believe
you lost?
829
00:33:21,825 --> 00:33:23,740
CHUNK:
Objection!
830
00:33:23,784 --> 00:33:25,742
Asked and answered.
831
00:33:25,786 --> 00:33:28,484
Never mind.
I withdraw the question.
832
00:33:35,013 --> 00:33:37,885
On August 25th, as
hundreds of people
833
00:33:37,928 --> 00:33:40,322
prepared to defy
the COVID virus
834
00:33:40,366 --> 00:33:42,020
and stage a mass protest
of our government's
835
00:33:42,063 --> 00:33:44,761
policies towards people
born in other countries
836
00:33:44,805 --> 00:33:46,415
who dream of better
lives in America...
837
00:33:46,459 --> 00:33:48,548
I think you're gonna
turn the jury off.
838
00:33:48,591 --> 00:33:49,810
These images are so disturbing,
839
00:33:49,853 --> 00:33:51,594
I can't even hear what Chunk
is saying.
840
00:33:51,638 --> 00:33:52,987
CHUNK:
...on these shores...Chunk.
841
00:33:53,031 --> 00:33:57,383
Marissa is worried that
the images are too violent,
842
00:33:57,426 --> 00:33:59,124
that they're gonna
turn the jury off.
843
00:33:59,167 --> 00:34:01,082
Well, I disagree.
844
00:34:01,126 --> 00:34:04,085
The more graphic, the more
in your face, the better.
845
00:34:04,129 --> 00:34:06,087
See, you're trying to
make the jury understand
846
00:34:06,131 --> 00:34:07,828
what it must have been
like for Dr. Kinsey,
847
00:34:07,871 --> 00:34:09,786
standing in the middle
of all that,
848
00:34:09,830 --> 00:34:12,920
trying to save as many lives
as possible.
849
00:34:12,963 --> 00:34:14,704
Do you do what
you're told
850
00:34:14,748 --> 00:34:16,271
or do you do what
you know is right?
851
00:34:16,315 --> 00:34:18,534
I second that.Yeah, but you're
852
00:34:18,578 --> 00:34:21,102
ex-law enforcement.
You've seen a lot
of blood and guts
853
00:34:21,146 --> 00:34:23,496
in your life. I mean, we've got
a nursery school teacher
854
00:34:23,539 --> 00:34:25,280
on the jury.
A seminary student...
855
00:34:25,324 --> 00:34:26,368
Wait a minute.
856
00:34:26,412 --> 00:34:27,674
[clears throat]
857
00:34:27,717 --> 00:34:30,372
Taylor, back it up
about 30 seconds.
858
00:34:34,246 --> 00:34:37,510
Okay, okay.
Stop it right there.
859
00:34:37,553 --> 00:34:40,643
Isn't this the guy who
testified against our client?
860
00:34:40,687 --> 00:34:43,559
Told our client to operate
on Ryan Watkins first?
861
00:34:43,603 --> 00:34:44,995
Her direct superior?
862
00:34:45,039 --> 00:34:47,085
Yeah, that's him.
That's Dr. Park.
863
00:34:47,128 --> 00:34:49,261
Watch what he does.
Unfreeze it, Taylor.
864
00:34:54,527 --> 00:34:56,964
BULL:
Oh, freeze that.
865
00:34:57,007 --> 00:34:58,705
Weird thing to do.
866
00:34:58,748 --> 00:35:00,141
Especially in the
middle of COVID.
867
00:35:00,185 --> 00:35:01,708
He knows her.
868
00:35:02,752 --> 00:35:03,927
CHUNK:
8:28 in the evening.
869
00:35:03,971 --> 00:35:06,626
About ten minutes
after Dr. Kinsey arrived.
870
00:35:06,669 --> 00:35:09,716
And this is the patient that
Dr. Park took to the OR
871
00:35:09,759 --> 00:35:12,762
when he told Dr. Kinsey
to take care of Ryan.
872
00:35:14,024 --> 00:35:15,678
DANNY:
Okay.
873
00:35:15,722 --> 00:35:16,679
I'm-I'm lost.
874
00:35:16,723 --> 00:35:17,680
That's two of us.
875
00:35:17,724 --> 00:35:19,595
What are you guys
getting at?
876
00:35:19,639 --> 00:35:21,902
Well, we always said this was
a case about lifeboat ethics,
877
00:35:21,945 --> 00:35:25,297
we just didn't know there was
a whole other boat involved.
878
00:35:25,340 --> 00:35:26,733
[scoffs]
879
00:35:28,213 --> 00:35:30,302
Between now
and tomorrow morning,
880
00:35:30,345 --> 00:35:31,912
I need you to find out
everything that you can
881
00:35:31,955 --> 00:35:33,261
about that woman on the gurney.
882
00:35:34,697 --> 00:35:36,786
I'll be damned if I go back
into that courtroom
883
00:35:36,830 --> 00:35:39,441
and ask a question I don't
already know the answer to.
884
00:35:41,356 --> 00:35:42,705
Your Honor,
885
00:35:42,749 --> 00:35:43,924
with your permission--
886
00:35:43,967 --> 00:35:46,056
I know that we already
rested our case--
887
00:35:46,100 --> 00:35:48,189
but before we begin
closing arguments,
888
00:35:48,233 --> 00:35:49,886
the defense would
like to call
889
00:35:49,930 --> 00:35:51,497
one last witness.
Actually,
890
00:35:51,540 --> 00:35:52,846
we would like to recall
891
00:35:52,889 --> 00:35:54,326
one last witness.
892
00:35:54,369 --> 00:35:57,807
If Dr. Park could
take the stand.
893
00:35:57,851 --> 00:35:59,331
Dr. Park, I
appreciate you
894
00:35:59,374 --> 00:36:02,464
coming in last minute
to testify in court today.
895
00:36:02,508 --> 00:36:05,337
Now, I have to
be honest with you,
896
00:36:05,380 --> 00:36:06,990
I need your help.
897
00:36:07,034 --> 00:36:11,256
I've actually never served on a
medical malpractice case before.
898
00:36:11,299 --> 00:36:12,779
And I'd be dishonest
899
00:36:12,822 --> 00:36:14,607
with you if I told you
that I had
900
00:36:14,650 --> 00:36:16,957
any understanding
whatsoever
901
00:36:17,000 --> 00:36:18,698
of medical ethics.
902
00:36:18,741 --> 00:36:20,047
How it all works.
903
00:36:20,090 --> 00:36:22,136
What it means.
Now, you,
904
00:36:22,180 --> 00:36:24,704
as the head surgeon
at Mercy Hospital,
905
00:36:24,747 --> 00:36:28,229
this is something you know
a lot about, am I right?
906
00:36:29,274 --> 00:36:31,624
Actually, I've written
a number of papers,
907
00:36:31,667 --> 00:36:35,018
presided over a number of
seminars on the topic, yes.
908
00:36:35,062 --> 00:36:36,150
CHUNK:
So...
909
00:36:36,194 --> 00:36:38,065
baseline question.
910
00:36:38,108 --> 00:36:42,287
What happens when doctors
let their personal feelings
911
00:36:42,330 --> 00:36:44,637
get in the way
of treating a patient?
912
00:36:45,942 --> 00:36:48,380
Well, all kinds of
bad things can happen.
913
00:36:48,423 --> 00:36:50,556
Physicians have been known
to freeze,
914
00:36:50,599 --> 00:36:52,601
to second-guess themselves.
915
00:36:52,645 --> 00:36:57,780
But I guess the biggest concern
you see and hear about
916
00:36:57,824 --> 00:37:00,000
is doctors making bad calls
917
00:37:00,043 --> 00:37:01,610
because they're not
thinking clearly.
918
00:37:01,654 --> 00:37:03,830
They're not thinking critically.
919
00:37:03,873 --> 00:37:05,484
Thank you.
920
00:37:05,527 --> 00:37:06,702
Thank you, Dr. Park.
921
00:37:06,746 --> 00:37:09,662
Thanks for clearing that up
for me.
922
00:37:09,705 --> 00:37:10,967
Oh.
923
00:37:13,143 --> 00:37:16,451
Actually, just one last thing.
924
00:37:17,539 --> 00:37:21,456
[sighs] When they brought
Ryan Watkins in that night,
925
00:37:21,500 --> 00:37:23,980
how many patients did they
bring in with him?
926
00:37:26,156 --> 00:37:28,071
Including Ryan, three.
927
00:37:28,115 --> 00:37:30,291
He and two others.Okay.
928
00:37:30,335 --> 00:37:32,772
So we know that you
told Dr. Kinsey
929
00:37:32,815 --> 00:37:35,862
to operate
on Ryan Watkins first.
930
00:37:35,905 --> 00:37:38,038
Now, that person she
actually chose to treat,
931
00:37:38,081 --> 00:37:39,561
did she come in with Ryan?
932
00:37:39,605 --> 00:37:40,606
Yes.
933
00:37:40,649 --> 00:37:42,042
And what about
the third?
934
00:37:42,085 --> 00:37:44,740
Did we ever hear about
what happened to the third?
935
00:37:45,872 --> 00:37:48,875
I took her up to the OR
for immediate surgery.
936
00:37:48,918 --> 00:37:50,180
I see.
937
00:37:50,224 --> 00:37:52,792
And-and what was the extent
of her injuries?
938
00:37:52,835 --> 00:37:55,011
She had been shot
in the shoulder.
939
00:37:55,055 --> 00:37:57,318
CHUNK:
And would you say that
her injuries were
940
00:37:57,362 --> 00:37:59,712
more urgent than
the abdominal gunshot wound
941
00:37:59,755 --> 00:38:01,801
suffered by Ryan Watkins?
942
00:38:01,844 --> 00:38:06,284
Or the hemopneumothorax
that Dr. Kinsey treated?
943
00:38:10,853 --> 00:38:12,115
Dr. Park?
944
00:38:12,159 --> 00:38:14,683
I need you to
answer the question.
945
00:38:15,815 --> 00:38:18,121
No. I would not say her injuries
946
00:38:18,165 --> 00:38:20,733
were more urgent
than those sustained
947
00:38:20,776 --> 00:38:22,822
by the two patients
you asked me about.
948
00:38:22,865 --> 00:38:24,389
That's odd.
949
00:38:24,432 --> 00:38:27,653
So if her injuries were
less than severe,
950
00:38:27,696 --> 00:38:30,917
why did you decide
to operate on her first?
951
00:38:35,182 --> 00:38:38,533
Dr. Park, did you know
the patient that you worked on?
952
00:38:41,057 --> 00:38:42,102
Yes.
953
00:38:43,321 --> 00:38:44,278
Personally?
954
00:38:44,322 --> 00:38:45,671
Yes.
955
00:38:49,631 --> 00:38:54,201
She's Nurse Bautista's
20-year-old daughter.
956
00:38:56,769 --> 00:38:58,336
My goddaughter.
957
00:38:59,598 --> 00:39:02,514
So is that why you
treated her first?
958
00:39:04,907 --> 00:39:06,822
If you had not
known that patient,
959
00:39:06,866 --> 00:39:09,390
if you had not let
this affect you,
960
00:39:09,434 --> 00:39:12,132
who would you have taken up
to that operating room?
961
00:39:14,917 --> 00:39:16,963
[voice breaking]:
Ryan Watkins.
962
00:39:18,225 --> 00:39:20,749
CHUNK:
So if there was
963
00:39:20,793 --> 00:39:23,056
an error in judgment that night,
964
00:39:23,099 --> 00:39:25,624
it was not Dr. Kinsey's,
965
00:39:25,667 --> 00:39:27,626
was it?
966
00:39:27,669 --> 00:39:29,802
No. It was not.
967
00:39:34,981 --> 00:39:37,723
[whispers]: I told you he was
the right man for the job.
968
00:39:43,903 --> 00:39:45,687
CHUNK:
Can you stop all that racket?
969
00:39:45,731 --> 00:39:48,211
Some of us are in the midst of
our own private euphorias
970
00:39:48,255 --> 00:39:51,867
and you're ruining it with the
sound of all this manual labor.
971
00:39:51,911 --> 00:39:53,129
Well, well, well.
972
00:39:53,173 --> 00:39:55,480
If it isn't Clarence Darrow.[Chunk chuckles]
973
00:39:55,523 --> 00:39:57,830
Hey. Congratulations again.
974
00:39:57,873 --> 00:39:59,397
You killed it today.
975
00:39:59,440 --> 00:40:00,876
[laughs]
I did.
976
00:40:00,920 --> 00:40:02,356
BENNY:
Yeah.
977
00:40:02,400 --> 00:40:05,315
What brings you out on this
cold and wintery night?
978
00:40:05,359 --> 00:40:07,840
Couldn't sleep.
979
00:40:07,883 --> 00:40:10,538
I'd close my eyes
and I'd keep seeing
980
00:40:10,582 --> 00:40:12,801
the jury handing down
that verdict.
981
00:40:12,845 --> 00:40:14,324
That look of satisfaction
982
00:40:14,368 --> 00:40:16,849
and pride on Bull's face.
[chuckles]
983
00:40:16,892 --> 00:40:19,373
The gratitude
on Dr. Kinsey's.
984
00:40:19,417 --> 00:40:22,898
I'm a grown man and it is
embarrassing to be this much
985
00:40:22,942 --> 00:40:25,553
in love with what you do
for a living, you know?
986
00:40:25,597 --> 00:40:30,340
Anyway, I, uh, I got out,
took a walk.
987
00:40:30,384 --> 00:40:31,864
Tried to clear my head.
988
00:40:31,907 --> 00:40:33,822
Walked across the bridge
when suddenly I realized,
989
00:40:33,866 --> 00:40:35,345
I might die of frostbite
990
00:40:35,389 --> 00:40:38,218
and I'm in desperate need
of a clean bathroom.
991
00:40:38,261 --> 00:40:40,133
Mention my name,
you get a good seat.
992
00:40:40,176 --> 00:40:41,482
I already did.
993
00:40:41,526 --> 00:40:43,005
[laughs]
994
00:40:44,485 --> 00:40:49,185
You know, the other night
in Bull's SUV?
995
00:40:49,229 --> 00:40:51,449
I was ready to quit.
996
00:40:51,492 --> 00:40:54,452
Mm. I figured.
997
00:40:54,495 --> 00:40:56,845
I've been ready to quit
about a half a dozen times
998
00:40:56,889 --> 00:40:57,977
over the years.
999
00:40:58,020 --> 00:40:59,108
Really?
1000
00:40:59,152 --> 00:41:01,067
What stopped you?
1001
00:41:02,111 --> 00:41:03,896
I don't know.
1002
00:41:03,939 --> 00:41:06,855
I get one foot out the door,
1003
00:41:06,899 --> 00:41:09,945
and then I realize
he was mostly right
1004
00:41:09,989 --> 00:41:13,949
about whatever it was he was
saying or talking about.
1005
00:41:13,993 --> 00:41:17,605
Plus, I think we make
each other smarter.
1006
00:41:17,649 --> 00:41:18,954
Better.
1007
00:41:21,130 --> 00:41:25,004
He's a really, really
smart dude, Chunk.
1008
00:41:25,047 --> 00:41:27,310
And I don't think he would
want you around
1009
00:41:27,354 --> 00:41:30,096
if he didn't think
you were a smart dude, too.
1010
00:41:32,968 --> 00:41:35,884
Congratulations again, Chunk.
1011
00:41:35,928 --> 00:41:37,451
Now, if you'll excuse me,
1012
00:41:37,495 --> 00:41:39,453
I got to finish
my interior decorating
1013
00:41:39,497 --> 00:41:41,977
so I can go home
and get some sleep.
1014
00:41:50,464 --> 00:41:51,944
[exhales]
1015
00:41:54,599 --> 00:41:57,558
Captioning sponsored by
CBS
1016
00:41:57,602 --> 00:41:59,560
Captioned by
Media Access Group at WGBH
access.wgbh.org
76175
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