“So expense may soon disappear as a problem?” He and Cordier had spent time on this part of the testimony. It was important to Seeley that the jury not think that patents or high prices were the source of the problem. “If expense is not the major obstacle, what is?”
“Delivery. We don't have the facilities or the people or the equipment to make treatment available to every child who needs it. In climates like Lesotho, the most widely used booster drug, ritonavir, needs to be refrigerated. But who has a refrigerator?”
“You testified that there are three obstacles.”
Cordier closed his eyes and slumped into the wooden chair. For a moment, Seeley thought that, fatigued from his trip and Sunday's long preparation, the physician had fallen asleep. When, at last he opened his eyes, Seeley saw that the cause was not sleeplessness or overwork, but the exhausting futility of the conditions that he observed every day.
“It is the people themselves,” Cordier said. “They are distracted from their medical needs by poverty, by lack of education, but, most of all, by a struggle for daily survival that is so desperate, so consuming, that HIV treatment seems a luxury to them. I had a young patient, a fourteen-year-old girl, both of whose parents died of AIDS
…”
Seeley could picture Thorpe, at counsel's table behind him, restraining his second chair. Other than Cordier's voice, with its soft inflections, the courtroom was entirely still.
“This girl, barely a teenager, turned to prostitution to support her younger brothers and sisters. Of course, now she, too, is HIV positive, as her own child will be, when-and it is inevitable-she becomes pregnant. We have offered her treatment-one of our nurses was able to seek her out-but the poor girl forgets to come in to the clinic, or she is too busy with her… career.”
“Your Honor-” It was Fischler, exasperated.
“Mr. Seeley?”
“I'm about to tie this up.” He turned back to Cordier. “Is it generally recognized by the treatment community that there is a solution to this endless cycle you have described?”
“A treatment like AV/AS is a solution.”
“Why is that?”
“Well”-he seemed surprised by the question-“of course, like a vaccine, it only needs to be administered once, so we don't have to rely on patients coming to the clinic on schedule. For one time only, we can even go out into the rural areas to administer it. Of course, whoever manufactures the treatment must make it available at an acceptable price.”
Seeley was expecting the caution about prices. Throughout their preparation for his testimony, Cordier was adamant about having the opportunity to make the point.
Judge Farnsworth was nodding agreeably. If she hadn't earlier seen the direction of the testimony and how it would connect to the test of long-felt need, she saw it now.
“This perception in the AIDS treatment community of the need for a vaccine, how long, Dr. Cordier, has this perception existed?”
“The AIDS virus was identified early in 1984, and the search for a vaccine-as well as for effective therapies-began almost immediately.” “And, in all this time, have any vaccines or any treatments like AV/ AS been introduced?”
“Several of them have been offered in early drug trials, but only one has been successful.”
“One?”
“Yes. AV/AS. A trial for the efficacy and safety of AV/AS was conducted in part at my clinic.”
“And do you recall what company provided that treatment?”
“Why, of course, St. Gall.”
There was a gasp from the jury box, but Seeley didn't turn.
Cordier said, “They stole the treatment from Vaxtek, no?”
Before Fischler could object, Seeley said, “I have no further questions.”
Leonard said, “I thought the cross-examination would be longer.” They were in a taxi on their way from the courthouse to an early dinner. Palmieri was in charge of tomorrow morning's witness, but Gabriela Vega, the Heilbrun, Hardy associate who was preparing Seeley's afternoon witness, had less experience than Palmieri, and Seeley wanted to be there to help if needed. But Leonard insisted. This would be their last chance to talk before he went to Washington on Wednesday for meetings at the FDA, and he promised that the Tadich Grill, only a short walk from Heilbrun, Hardy's offices, wouldn't be busy at this hour.
Seeley said, “She kept the cross short because the jury liked Cordier. She wouldn't do her client any good trying to trip him up.”
Even so, Seeley thought Fischler had been more solicitous than she needed to be, and had scored only once, when she got the physician to concede that, unlike the vaccines for measles or polio, a single AV/AS inoculation might not be enough to prevent the onset of AIDS. But the setback was small. Cordier had established a strong legal foundation for their case and, even more important, a powerful emotional one.
“Why didn't the old guy question him?”
“Thorpe's controlling every move in this case.” Seeley explained to Leonard how the change in their order of witnesses had put the defense team off balance. “Fischler doesn't ask a question she hasn't reviewed with him.”
“You ought to think about moving your practice to San Francisco.” When Seeley didn't answer, Leonard cocked his head toward the side window. “You have to admit it beats Buffalo.”
“The weather is pleasant,” Seeley said. After that, they didn't talk until they reached the restaurant.
Tadich was quiet, as Leonard promised. The woodwork was studded with ancient brass fittings and darkened by a century's layers of varnish, but the high white ceilings looked freshly painted. A few customers were at the mahogany counter that ran down the center of the long room, and others were at tables. Quartered lemons in porcelain bowls and massive chunks of crusty sourdough were set within arm's reach. The sounds of silver and china being arranged on linen echoed gently through the dining room. Knives chopped and pans clattered in the open kitchen at the back, and a vague but agreeable fragrance of buttery sauces wafted through the place. Suffusing it all was the easy self-assurance of an old and popular restaurant in the hour before the dinner rush.
A white-coated waiter recognized Leonard and took them to a table in one of the private, wood-paneled booths.
“You made quite an impression on Renata.”
Seeley looked at the menu. For some reason, at the mention of Renata, he thought of Lily, surprised to discover how close below the surface of his thoughts she was. He found himself comparing Renata's catlike aggressiveness to Lily's laconic sensuality.
“She hasn't stopped talking about you since you got here.”
Leonard was going to try to sell him something.
“I was hoping you could stop down and see her, maybe take her to dinner while I'm away. I'm not coming back until late next week.”
Was it Renata's flirtatiousness or Leonard's misshapen hopes for the family circle that made Seeley hesitate at the prospect of dinner with his sister-in-law?
“I'm in the middle of a trial, Len. I have witnesses to prepare.”
The waiter returned to take their order. As if to re-create the lunch with Lily, Seeley ordered the fried oysters. Leonard shot him a bemused look, patted his waistline, and ordered broiled sole.
Before Leonard could return to Renata, Seeley said, “What do you know about Alan Steinhardt's lab notebooks?”
“What do you mean?”
“Did he keep two sets of books?”
“Of course not.”
Seeley watched for the small bulge in Leonard's cheek where, as a boy, he pressed his tongue when he lied, but there was nothing. “It wouldn't be the first time an inventor cooked the books to get an earlier invention date.”
Leonard said, “Alan's miles above doing anything like that. He knew St. Gall's lawyers would be all over his notebooks, and they were. If anything was wrong, do you think St. Gall would have stipulated priority?”