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send this article to a friendAffirmative Actions (Screenplay)
By Marty Nemko
Dear Potential Reader,
This is my screenplay, "Affirmative Actions." It may be the best work I've ever done.
Dreamworks (Spielberg's company) called it a pageturner but too politically incorrect to be makeable. If you have connections to a major agent, producer, or star, and you like the script, I'd deeply appreciate your letting me know. In any event, I hope you enjoy it and perhaps even find it edifying.
"Affirmative Actions" is the story of a woman who chooses a Black obstetrician over her conservative husband’s objections. The baby is born with brain damage, possibly the obstetrician’s fault. “Affirmative Actions” tells the tale of how the couple responds. It’s filled with dilemmas, Bergmanesque marital strife, plot twists, a surprise climax, and an ending that should leave many viewers exiting the theater debating affirmative action.
Thanks for considering reading it. Here, it is not in the format required by agents and producers. If you're interested in forwarding it on, email me and I'll send you a correctly formatted version.
Sincerely,
Marty Nemko
Affirmative Actions
(an original screenplay inspired by a true story)
Marty Nemko, Ph.D.
510-655-2777
An earier version of this screenplay is registered with the Writers Guild of America: Reg#932270
FADE IN
INT. THE POWELL’S BEDROOM – NIGHT
Two people lie in a white-canopied four-poster bed, the delft blue cover pulled over both of their heads. Two tiny cockapoo dogs, the closely-cropped CARVILLE and the shaggy MATLIN, sleep at the foot of the bed.
The “Nature Sounds” ALARM CLOCK goes off—-making the SOUND OF FALLING RAIN. The clock reads 7:00 AM.
One person stirs. The other sleeps. Carville and Matlin wake and stretch.
One person climbs on top of the other, still completely under the covers, and from under those covers, a female giggles.
One person tosses off part of the cover to reveal TAMMY POWELL, a 32-year-old African-American with short, neat dreadlocks. She wears a hieroglyphic-pattern translucent nightgown covering her very pregnant body.
She wears a WOOD-BEADED NECKLACE, with the outline of an elliptical pendant visible through the nightgown.
The other person throws off his part of the cover to reveal African-American, DAVID POWELL, 32, wearing a Yale Law School Alumni tee shirt.
David reaches out to hug her. She smiles but pulls away.
DAVID
Baby, I love you. I need my morning exercise.
TAMMY
It took 3 years to get pregnant, let’s not fuck it up now…
DAVID
So to speak. Just once?
David reaches out for her in feigned desperation.
She gives him a peck and tries to jump out of bed. He grabs her, pulls up her nightgown, and kisses her very pregnant belly.
The dogs, now fully awake, jump on them. Matlin licks David’s face. David loves it.
TAMMY
(gently pushing the dogs away)
Carville! Matlin!
The dogs retreat to the foot of the bed.
TAMMY
(Cont’d)
I can’t wait to see Rosa.
DAVID
Any day now.
Tammy rubs her hand over the back of her neck.
DAVID
I figure 12 pounds. Think bowling ball.
Tammy giggles and hits David over the head with her PILLOW. David tickles Tammy, and she squirms away, giggling. The dogs cavort around them.
DAVID
But this could be the last time for weeks!
He butterflies his hand down her neck. She rolls her neck in pleasure but pulls away.
TAMMY
We have a workshop at 9. They’re paying us big bucks. I gotta look corporate.
David sighs and slides out of bed and into PURPLE-PAINTED WHEELCHAIR.
Using the wheelchair’s arm rails, the strong David lifts himself up and down repeatedly.
DAVID
Pushups are so much more fun on you.
Carville and Matlin jump on his lap, bouncing up and down as David does his wheelchair pull-ups.
INT. DAVID AND TAMMY’S HOUSE, SHOWER STALL – DAY.
The shower stall is translucent, revealing the outline of Tammy’s very pregnant body. She lifts the large, thick pendant from her chest to her lips and kisses it.
INT. UNIVERSITY OF NEW YORK MEDICAL CENTER, SURGICAL THEATER – DAY
This is an operating room surrounded by stadium seats. The seats are filled with doctors and nurses.
On the left side of the operating table, facing the audience, sits David in his wheelchair, wearing an attractive albeit conservative jacket and tie. On the right side, also facing the audience, stands Tammy, wearing a nubby knit maternity dress.
She wears that wood elliptical pendant. Carved into one side is a portrait of Ethiopia’s former King Haile Selassie, on the other side, a portrait of Marcus Garvey.
Lying on the operating table is not a patient, but three piles of workshop HANDOUTS labeled “Diversity Training.”
A nurse in the front row inadvertently drops her PEN. David wheels over to pick it up and hands it to her. She smiles in thanks. David wheels back to his position.
David’s face is impassive; he is not thrilled to be there. In contrast, Tammy glows. She is in her element.
TAMMY
After a few years, I—uh--we decided we wanted to stop practicing law.
David purses his lips and looks down.
TAMMY
(Cont’d)
Too much contentiousness.
David perks up.
DAVID
You and I aren’t contentious?
The audience chuckles.
TAMMY
For example, he hates affirmative action.
He gets more energized.
DAVID
Because in practice, it’s usually reverse discrimination.
TAMMY
We deserve reverse discrimination.
DAVID
Of course, we don’t just disagree about affirmative action.
David lifts Tammy’s pendant.
DAVID
This is what she calls “dressing corporate.”
The audience laughs.
Tammy holds up David’s necktie.
TAMMY
Corporate doesn’t mean Republican.
The audience laughs.
TAMMY
Anyway, when law stopped being fun…
David’s face drops again
TAMMY
(Cont’d)
being on opposite sides of the political spectrum…
DAVID
She’s Angela Davis. I’m Clarence Thomas.
The audience laughs.
TAMMY
We thought we’d make a good pair of diversity trainers
DAVID
I’m an Oreo. She’s all chocolate.
Water drips down Tammy’s leg.
TAMMY
Oh God!
David hugs Tammy briefly to reassure her, then pulls out his CELL PHONE.
He drops the phone inadvertently, sighs in relief as he hears the phone is still working, and hits one of the speed-dial keys.
DAVID
(talking into the phone)
This is David Powell, Tammy Powell’s husband. Her water just broke.
He listens.
DAVID
She was called out of town?!
Tammy groans, holding her belly.
She looks down at the puddle beneath her and covers her face in embarrassment.
Two men in the audience whisper to each other: DR. LI TONG, a 35-year old Chinese man in a white coat, and the man sitting next to him, DR. ROD JONES, a 35-year-old African-American, also in a white coat. They rise.
ROD
(to Tammy)
I’m Dr. Jones and this is Dr. Tong. We’re obstetricians. Either of us would be happy to deliver your baby.
David stares at Tammy as though trying to convey a message. Tammy averts his stare.
TAMMY
(to Rod)
Why thank you. Uh, I suppose, well, I guess you spoke first, Dr. Jones.
David glares at Tammy. Tammy again averts his stare and turns toward Rod. Rod rushes to her.
ROD
Let’s get you onto a gurney, woman.
David, frustrated, glares at Tammy, pursing his lips. She again averts his stare.
INT. UNY BIRTHING ROOM – DAY
Except for the hospital bed and blood pressure monitor behind the bed, this looks like an upper middle-class bedroom: armoire, rocking chair, even an oak bassinet.
In the bed lies Tammy, in labor. Her painful contractions are five seconds apart.
Nurse MARCELLA PINOY, 40 and Filipino, holds one of her hands. David holds her other hand—-too tightly.
TAMMY
(to David)
Your squeezing hurts more than my contractions!
David sheepishly loosens his grip.
Rod strides in wearing a PHYSICIAN’S HEADLAMP.
DAVID
(whispering to Marcella)
Is he okay?
Marcella nods without enthusiasm.
ROD
(to David)
Can I answer a question?
David shakes his head.
Marcella looks at Tammy and holds her hand. David holds her other hand.
Tammy has a big contraction.
MARCELLA
Great. You’re doing great.
Through the pain and sweating, Tammy manages a smile.
Rod turns on his headlamp and uses a SPECULUM to examine Tammy’s birth canal.
ROD
Tammy, I need to do a C Section.
TAMMY
What?
Marcella looks puzzled.
ROD
A Cesarean Section.
TAMMY
I know what C stands for. Why do I need one?
ROD
Tammy, the baby’s head is off to the left.
Tammy clutches her wood pendant.
DAVID
Just like her mother.
Tammy gently slaps David.
DAVID
(to Rod)
Is it really necessary?
ROD
Mr. Powell, in addition to the head location, her color isn’t quite right. Marcella, please prep Tammy for a C.
MARCELLA
(impassively)
Yes, Dr. Jones.
Rod strides out.
Marcella fills a SYRINGE. Tammy closes her eyes. David holds her hand.
INT. OPERATING ROOM – NIGHT
Tammy lies anesthetized on the operating table. She is hooked up to two CARDIAC MONITORS. One beeps at 70 beats per minute, the other, for the baby, at 150 per minute.
David, in a surgical gown, looks on from his wheelchair, holding Tammy’s limp hand.
Marcella and SALLY, a nurse anesthetist, 35, also in surgical gowns, stand next to the operating table.
ROD
#20.
Marcella hands Rod the second largest of the NINE SCALPELS on a stainless steel TRAY.
Rod confidently makes an 8” vertical cut in Tammy’s abdomen. Yellow fat leaps from the incision.
David winces.
MARCELLA
(to David)
That’s completely normal. Don’t worry.
ROD
Scissors.
Marcella hands him 5” SURGICAL SCISSORS.
He uses the scissors to make an 8” vertical cut through the next layer, the tough fascia. This reveals the next layer, the muscles.
David’s nostrils flare.
ROD
Small scissors.
Marcella hands him 3-INCH SURGICAL SCISSORS.
He uses the small scissors to snip the fascia that surround the muscles.
With his hands, he pulls two muscles apart to expose the next layer, the peritoneum. This is a filmy, flimsy layer. He carefully opens this layer with the small scissors.
ROD
Bladder blade.
Marcella hands him a large RETRACTOR.
David grimaces.
Rod uses it to hold Tammy’s bladder out of the way. This reveals the uterus.
Although the wall of the uterus is opaque, the baby’s movements are apparent.
ROD
David, your baby is right through there.
DAVID
That’s the uterus? Wow!
ROD
Yup. Marcella, #16.
Marcella raises her eyebrows at Sally. Sally looks away.
Marcella hands him the fourth largest scalpel on the tray of nine.
Rod uses the scalpel to make a vertical cut in the uterus. In the first inch of the incision, there is very little bleeding. In the second inch, there is very little bleeding. In the third inch, a tiny stream of BLOOD spurts upward.
David winces.
Sally checks the fetal monitor. The fetal monitor beeps faster. The heart rate is 163. She looks concerned.
Rod finishes making the cut and pulls back the uterus, whereupon the size of the stream triples.
Rod is startled.
The baby’s cardiac monitor beeps faster. The heart rate is 201. An alarm sounds.
DAVID
Uhhhh!
David, scared, wheels from the table and circles the operating room.
ROD
(feigning calmness)
Cautery.
Marcella hands Rod a CAUTERIZER. He applies it to the bleeding artery in the baby’s neck. The bleeding stops.
Everyone looks at the heart-rate monitor. It reads 193, then 177, then 161, then 148, then 147, then 148.
ROD
Movin’ on.
David wheels back to the operating table and scrutinizes Rod’s every move.
INT. UNY MEDICAL CENTER, OFFICE OF THE CHIEF-OF-STAFF.
The office is too plush even if it weren’t an era of spiraling health care costs: rosewood wainscoting perfectly matching a large elliptical rosewood desk, rosewood bookcases, an oriental rug, and a top-of-the-line leather executive chair.
The office’s back wall is covered with diplomas and plaques. A NAMEPLATE on the desk reads, “Robert T. Bogash, MD, Chief-of-Staff.”
Sitting around a round rosewood table on the side of the office is DR. ROBERT BOGASH. He is 50. With his slow, deep voice and doctor’s white coat, Robert is the model of credibility.
Sitting next to Robert is ARCH STONE, the 45-year-old taut hospital attorney wearing a cautious, expensive suit. A black NOTEBOOK COMPUTER sits in front of him.
Next to Arch sits Rod.
ROBERT
I’ve asked Arch Stone, our go-to guy on malpractice to join us.
ARCH
Industry research has identified two keys to minimizing payout. The first: Appear open.
ROD
What does that mean?
ARCH
You can’t ever look like you’re stonewalling. Reveal as much as you can.
ROBERT
Couldn’t that give them ammunition?
ARCH
I didn’t say, “Reveal everything.” I said, “As much as you can.”
ROBERT
Admit a lot so they think we’re revealing everything, but not anything that would cost us big.
ARCH
Bingo.
Rod shifts in his chair.
ARCH
That goes for you too, Dr. Bogash. And make them think you’re going the extra mile for them, because you like them; you feel for them.
ROBERT
Got it.
Rod purses his lips.
ROBERT
Arch, what’s the second key?
ARCH
(to Rod)
You must show empathy for the victim’s plight. No cold clinical doctor. Warm, caring. Like that woman doctor on ER.
ROBERT
Can you do that?
ROD
I AM warm and caring.
ROBERT
Dr. Jones, the hospital is losing its ass on MediCare patients and illegals--the people you want to help. We can’t afford a big payout here.
ROD
I don’t think I did anything that justifies a big payout.
ARCH
These days, you don’t have to do much.
ROD
If there isn’t anything else…
ROBERT
We appreciate your help.
Rod walks out.
Arch whispers something to Robert.
INT. HOSPITAL ROOM – NIGHT
The semi-private room is crammed full of BOUQUETS. A weary Tammy lies in bed hooked up to a HEART MONITOR.
David holds her hand.
Rod pads in with yet another BOUQUET.
TAMMY
You didn’t have to do that.
Rod adds his flowers to the collection.
ROD
How are you feeling?
TAMMY
Not so bad. Where’s my baby?
ROD
A nurse will bring her in a minute, but first, we should talk.
David and Tammy look at each other, scared.
ROD
David, as you saw, there was unexpected bleeding. It momentarily blocked blood flow to the brain.
Tammy can barely catch her breath.
David glares at Rod.
ROD
The baby’s head was in a position where the scalpel nicked her in the neck. Perhaps I made a sub-optimal judgment call--if I had used a number 12 scalpel instead of a 16… but I couldn’t have known that.
DAVID
Sub-optimal judgment call?
ROD
Normally, it wouldn’t have been a problem. Unfortunately your baby’s head was in a one-in-a-million position.
TAMMY
How’s my Rosa?
ROD
She has been in intensive care.
Tammy lets out a cry. She grabs her wood pendant. David grabs her other hand.
DAVID
Will she be all right?
ROD
The next day is critical.
Tammy’s and David’s faces are horror-stricken.
DAVID
If she makes it, will she be okay?
Rod lowers his head.
Marcella wheels Rosa into the room. Lying inside a plastic tent, Rosa screams bloody murder and convulses. WIRES leading to MONITORS and BREATHING APPARATUS all but obscure her tiny, gray face.
Tammy totally breaks down. David, trying to keep it together, hugs her.
ROD
You should be able to take her home tomorrow.
David shakily lifts himself up from his wheelchair.
DAVID
You make a “sub-optimal call” and I take her home?
David returns to the sobbing Tammy. They look at each other with the knowledge that their lives have changed forever, as a silent tear streams down his cheek.
INT. UNY OPERATING ROOM – DAY
Rod, Marcella, and Sally stand around the operating table. A white woman lies on the table.
Above his mask, Rod’s eyes dart.
ROD
#20.
Marcella takes the second largest of the nine scalpels on a stainless steel tray and slaps it into his hand as a sign of support for Rod.
Much more tentatively than when he made the initial incision in Tammy, he brings the scalpel closer to the woman’s distended belly. His hand shakes. He takes a deep breath. The shaking stops and he makes a clean 8” horizontal cut in her abdomen. Fat leaps from the incision.
INT. DAVID AND TAMMY’S HOME, BEDROOM – NIGHT
An exhausted David and Tammy sit in bed. Tammy holds Rosa, who is wrapped in a BLANKET. The blanket’s pattern is an African design.
Carville and Matlin snuggle next to them. They lick David, who enjoys it.
Rosa cries relentlessly and moves spastically. Tammy feverishly tries to calm her, rocking her, petting her, kissing her, holding her to her breast.
TAMMY
I can’t stop her! I can’t stop her!
David strokes Tammy’s arm.
DAVID
I couldn’t either. Tomorrow we get to see Dr. Gerard. He’s a doctor’s doctor.
TAMMY
Jesus Christ couldn’t cure this. What did I do? What did I do?
DAVID
You didn’t do anything. I should have stopped you from choosing Jones.
TAMMY
Fuck you!
David lifts the tongue-flicking Matlin toward Rosa’s face. Tammy pushes Matlin away.
David kisses and strokes Rosa’s face. Rosa doesn’t respond. She just continues screeching.
DAVID
(not loud enough for Tammy to hear)
Sonofabitch.
TAMMY
What?
DAVID
Tamika, why did you choose the Black doctor?
TAMMY
He was cuter.
DAVID
You were trying to show you walk the talk.
She steps from his probing eyes. David drops back into his wheelchair and draws closer.
DAVID
Tell me you weren’t afraid he was an affirmative action admit?
TAMMY
(not so sure)
Once they’re admitted they have to meet the same standards as everyone else.
DAVID
I sometimes wonder whether those A’s I got…
TAMMY
Stop!
He tries to hug her. She refuses.
The clock radio reads 2:17 AM.
INT. DR. EDMUND GERARD’S OFFICE, EXAMINING ROOM – DAY
This room is filled with medical books, journals, and a modern examining table.
An exhausted David circles the room cradling the screaming, spastic Rosa.
A frazzled Tammy stares at the closed cabinets.
TAMMY
I wonder what sort of voodoo lies behind these doors.
David, wearing his bad-boy smile, sneaks to the cabinet.
TAMMY
Don’t!
DAVID
You’re such a wuss.
TAMMY
Do you think Dr. Gerard can actually do something?
DAVID
I …
The door opens and DR. EDMUND GERARD enters. He is a 60-year old man with a full shock of still partly sandy hair. He wears a white coat and a reassuring smile.
EDMUND
Mr. and Mrs. Powell?
David and Tammy nod.
EDMUND
And this must be little Rosa. You’re not very happy, are you, Rosa?
Edmund strokes her cheek. I’ve read the hospital report. Let’s see what we can do.
David and Tammy look at each other, sensing a ray of hope. Tammy takes David’s hand.
EDMUND
How much does Rosa sleep?
DAVID
Averages an hour at a time, maybe 12 hours a day.
EDMUND
Good.
Tammy squeezes David’s hand.
Rosa’s legs and arms jerk, and jerk again.
EDMUND
How often does she move like that?
DAVID
About half the time.
Edmund’s face darkens.
TAMMY
(terrified)
What does that mean?
EDMUND
May I?
Edmund extends his arms to take Rosa.
Tammy nervously lifts Rosa into Edmund’s arms.
Edmund rocks her and holds her against him. Her crying and jerking continue.
EDMUND
Let’s have a look.
He examines her fingernails.
He peers into her eyes with an OPHTHALMOSCOPE.
EDMUND
A PET scan will tell us a lot--right down the hall.
Holding Rosa, Edmund leads them out the door.
David takes Tammy’s hand.
INT. POSITIVE EMISSION TOMOGRAPHY (PET) ROOM – DAY
Unlike the traditional tomblike PETs, this machine is infant-sized and completely open.
Edmund carefully places Rosa on the PET’s bed, which is covered with a baby BLANKET. He wraps the blanket gently around her and places HEADPHONES attached to an IPOD on her.
DAVID
ITunes?
EDMUND
(embarrassed)
Grokster.
David chuckles. Tammy remains sober.
Edmund leads David and Tammy behind a glass wall. He adjusts some dials, presses a button, and loud WHIRRING ensues.
Color images of Rosa’s brain appear on a screen, then on a second screen, and a third.
Edmund returns to the still-screaming Rosa, and gently returns her to Tammy.
They return to the area behind the walls. Edmund inspects the first image for three seconds.
EDMUND
Great.
David nods and Tammy remains impassive.
He inspects the second image for three seconds.
EDMUND
Two for two.
Tammy grabs David’s hand.
He inspects the third image for five seconds.
TAMMY
What?
Edmund sighs.
TAMMY
What?
Edmund points to a black area on the third image.
EDMUND
This area controls verbal reasoning.
He points to another black area.
EDMUND
This area controls motor function.
DAVID
What does black mean?
EDMUND
Low temperature.
TAMMY
(terrified)
What does that mean?
Edmund sighs.
DAVID
You’re saying Rosa is a vegetable.
EDMUND
She is going to need a lot of support.
Distraught, Tammy clutches her pendant then clasps her head.
Tammy can’t keep it together and breaks down completely. She pounds her fist against the wall, again and again.
David hugs her, tears falling down his cheeks.
DAVID
What do we do?
EDMUND
Some parents would want to keep Rosa at home…
TAMMY
I am not giving up my baby!
DAVID
What other options are there?
Edmund opens a drawer, withdraws an olive BUSINESS CARD, and hands it to David.
David stares at the card.
Tammy is hysterical.
INT. ROSA’S ROOM – DAY
Rosa’s room is decked out with the latest and greatest in newborn furniture, accessories, and toys.
Carville and Matlin sniff around the room.
Rosa lies on the changing table, howling and spastic. A worn-out David, in his wheelchair, struggles to change her DIAPER.
Because of Rosa’s nearly constant movement, he is unable even to get the diaper off. He sighs in frustration.
A listless Tammy shuffles in.
DAVID
I can’t even get the diaper off.
She stares, unable to make herself move.
David keeps trying and failing to get the diaper off, sighing, trying to keep it together.
Rosa shrieks louder still.
He turns from Rosa and looks straight at Tammy.
DAVID
You chose a Black doctor to vindicate your own worth, and this is what it got us!
Rosa wails louder than ever.
TAMMY
And you prejudge every Black to vindicate your choice to be an Oreo.
DAVID
I’d rather be an Oreo than a nigger.
She tries to dump David out of the wheelchair. He manages to stay in, and after a flash of anger crosses his face, takes another shot at changing Rosa’s diaper. He finally succeeds, but as Rosa continues to jerk and howl, he struggles unsuccessfully to get the new diaper on.
He throws the diaper down in frustration.
DAVID
Dammit, you wanted the baby. You do it.
TAMMY
You wanted it too.?
David turns from Rosa and looks pointedly at Tammy.
DAVID
Tammy, mainly because you pushed me.
Tammy shoves him away.
Her anger providing a surge of energy, Tammy gets the new diaper onto Rosa.
David stares at Rosa and at Tammy.
INT. DAVID AND TAMMY’S BEDROOM – NIGHT
The clock radio reads 3:38 AM.
Rosa, bluish, screeches.
Tammy lies in bed, staring at the ceiling.
In an attempt to calm Rosa, David holds her while wheeling around the room. Carville and Matlin follow them around.
Tammy sits up.
TAMMY
(clasping her pendant)
If it wasn’t my fault, why would a loving God do this to us?
David strokes Rosa’s cheek, but she continues to wail.
He stares into Tammy’s face.
INT. DAVID AND TAMMY’S BEDROOM – NIGHT
The alarm clock reads 4:02 AM.
Tammy is asleep. David sits up in bed. Rosa is between them, her eyes half-closed, her crying soft.
David stares at Rosa’s innocent face.
He turns from her and curls up in fetal position.
He turns back to look at Rosa.
Rosa cries more loudly.
He stares at her, then lifts his pillow.
He wells up. He stares at Rosa.
Rosa cries more loudly still.
He moves the pillow toward Rosa’s face.
Tears stream down his face.
With the pillow just inches from her face, he returns the pillow to the mattress, rests his head on the pillow, gently rests his hand on Tammy’s back, and snuggles next to Rosa.
INT. DAVID AND TAMMY’S BEDROOM – DAY
The alarm clock reads 7:00 AM and its alarm sounds: the SOUND OF WAVES AGAINST THE SHORE.
Carville and Matlin lick David and Tammy awake. As they stir, Rosa stirs, and for the first time, is not crying. She is calmer, her motions less spastic.
David and Tammy look at each other in surprise.
Tammy runs her finger along Rosa’s cheek. Rosa nuzzles against the finger.
David kisses Rosa’s cheek. Rosa smiles a bit.
Tammy and David’s faces brighten.
David hugs Tammy.
DAVID
Time to invite my parents?
Tammy smiles thinly.
He picks up the phone by his bedside.
INT. AGNES AND WILLIAM POWELL’S HOME, BEDROOM – DAY
The bedroom is upper-crust: antique furniture, a large oil PAINTING of two military officers, one white, one black, hangs on the wall.
A distinguished-looking Black man, WILLIAM POWELL, 60, with gray hair and horn-rimmed glasses stands in boxer shorts and an expensive blue shirt.
His wife, AGNES POWELL, also 60 but white, wears a slip and struggles, in pain, to hook her bra.
WILLIAM
I’ll get it.
He hooks the bra for her.
AGNES
It’s not so bad.
William kisses Agnes on the shoulder.
WILLIAM
I hope we’ll say that about Rosa.
He goes to his closet, riffles through a number of the items in the closet, including a Navy colonel’s uniform, and puts on a pair of perfectly pressed khaki pants and surcingle belt.
AGNES
I’m sure we will, Colonel.
She nervously daubs herself with PERFUME.
She slips on an expensive knit dress.
WILLIAM
We waited so long to be grandparents.
AGNES
And we are.
William HMMPHS as he puts on a pair of perfectly shined penny loafers.
EXT. MARTHA’S VINEYARD, GLOUCESTER STREET – DAY
This is a small street of upscale shops: a bakery, a florist, a boating supply store.
A white tourist couple looks confusedly at a map.
Two 20-year-old white men, both dressed in black, both smoking CIGARETTES, walk down the street, hand-in-hand.
William and Agnes walk down the street.
They reach a store called “Attababy.” The window is dressed with infant clothes and nursery room items nicely arranged on baby blankets.
Through the window, they see a man doing pushups.
They walk in.
INT. ATTABABY – DAY
This store has a small amount of well-displayed infant CLOTHING, TOYS, NURSERY FURNITURE, AND ACCOUTREMENTS.
Scrambling to his feet is JED THOMAS, a 35-year-old, muscle-bound man wearing a white tee shirt and with a large US Marines tattoo on his right arm.
JED
May I help you?
AGNES
(to Jed)
Where’s Mary?
JED
She had to run down to Boston. Her mother took sick. I’m Jed, her husband.
WILLIAM
I’m sorry.
JED
Yeah. First time I’ve ever took over for her. What can I getcha?
AGNES
Well, we’re looking for a present for our new grandchild.
JED
Okey-dokey.
Jed walks them over to the toy section and points to a large BOX: “The Little Genius” kit.
JED
These days, you can’t start ‘em out too young.
WILLIAM
I don’t think so.
JED
Why not?
WILLIAM
She was born with brain damage.
JED
Oh.
Embarrassed, Jed slaps his head with his hand.
JED
Mary says I’m always puttin’ my foot in my gullet.
WILLIAM
Do you have one of those intercom systems so her parents can monitor her?
Jed walks ahead toward the monitor.
JED
(Muttering, half-hoping they’ll hear)
If it were mine, I wouldn’t be monitoring. I’d be hoping the good Lord took it.
Agnes glares at Jed and leads William toward the door.
JED
I didn’t mean nothin’.
Agnes and William leave, slamming the door.
JED
Rich folks are so touchy.
He pads back behind the counter.
EXT. ATTABABY – DAY
William and Agnes walk down the street.
WILLIAM
Are you sure he’s wrong?
Agnes wells up.
INT. ROSA’S ROOM – DAY
Agnes, wearing the glow of grandmotherhood, holds the obviously abnormal Rosa upright at eye-level, alternating between holding her out and pulling her in for a kiss.
William, Tammy, and David look on with artificial smiles.
Carville and Matlin sniff around the people.
AGNES
(trying too hard to be upbeat)
She’s pretty!
David and Tammy nod half-heartedly. William is impassive.
TAMMY
My mother would have loved to be here.
David nods.
Tammy kisses Rosa.
TAMMY
She seems to have turned a corner.
William purses his lips.
DAVID
Objects in motion tend to stay in...
Rosa has a convulsion.
Agnes rocks her to no avail.
Agnes thrusts Rosa into Tammy’s arms.
Tammy tries to remain calm, but quickly loses it.
TAMMY
David, take her!
David cradles her.
Tammy stares at her.
AGNES
She’ll be fine.
Rosa convulses again. Agnes recoils. Tammy screams.
David holds her tightly. William looks on stoically.
Rosa convulses ever more strongly.
Everyone looks on in horror, even William.
Tammy clutches her pendant.
Rosa VOMITs all over David.
DAVID
Let’s go.
David takes just a moment to shake some of the vomit off himself.
Tammy grabs her CAR KEYS.
William takes a moment to wipe some of the vomit off David.
AGNES
(to David)
We’ll follow you.
Tammy and Agnes race out the door, David and William follow just a little more slowly.
INT. LINCOLN TOWN CAR – DAY
William drives. Agnes sits in the passenger seat.
He follows close behind a Toyota PRIUS containing David, Tammy, and Rosa.
WILLIAM
I’m not going to deal with this.
AGNES
She’s our grandchild!
WILLIAM
IT is a biomedical freak.
He makes a screeching U-Turn.
AGNES
(abandoning her controlled demeanor)
You are abandoning our son.
WILLIAM
I don’t think he wants anything to do with it either.
AGNES
Turn this car around.
William keeps driving straight.
AGNES
Turn this car around, I say.
William keeps driving straight.
Agnes screams.
INT. UNY MEDICAL CENTER, ROOM 417 - DAY
This is a regular private hospital room. Rosa, in a small crib, looks better and calmer again.
David, Tammy, and Rod look at her.
ROD
She’s going to make it.
Tammy smiles. David glares at Rod.
DAVID
Would an average OB have made your “sub-optimal” call?
ROD
Mr. Powell, by definition, half of doctors are below average. Would you have the hospital fire half the doctors? Half the nurses? Half the diversity trainers?
David lifts himself up from his wheelchair.
DAVID
So you send us home with a ruined baby and ruined lives and you, below-average Dr. Jones take yourself back out there to make more sub-optimal calls.
ROD
I can’t begin to imagine how difficult this must be for you. I really want to do what I can. You’re really nice people and you’ve suffered a great deal.
Tammy nods. David glares.
INT. DAVID AND TAMMY’S BEDROOM – NIGHT
Rosa cries so chillingly it would have frustrated Mr. Rogers.
Tammy puts her breast nipple in Rosa’s mouth. The nipple just sits there. Rosa doesn’t suck; she just lies there screaming, jerking.
David wheels toward her breast.
DAVID
Try me?
Tammy can’t restrain herself from cracking a smile.
Rosa’s shrieks are unbearable and constant.
David stares at Rosa, then at Tammy.
He removes his wallet and pulls out the olive business card.
Tammy clutches her pendant.
David picks up the PHONE and dials.
INT. TOYOTA PRIUS – DAY
Tammy drives and David sits in the passenger seat holding the still screaming Rosa.
Carville and Matlin poke their heads out the window.
The car turns into a wide driveway. They’ve entered a sylvan setting.
They reach a large, attractive building. A SIGN above the large doors reads: “Fairview State Hospital.”
They park in a designated visitor’s spot 25 feet from the front of the building.
EXT. FAIRVIEW STATE HOSPITAL ENTRANCE – DAY
Tammy turns off the ignition and stares ahead.
She turns to David.
DAVID
I know.
David holds Rosa tight.
DAVID
She won’t be much better if we keep her, and our lives…
David wells up.
Tammy clasps her pendant.
Finally, Tammy gets out of the car, crying and cradling the still screaming Rosa.
DAVID
I want to come.
She hands Rosa to David, opens the trunk and removes his folding wheelchair. She slowly sets it up next to the passenger side door, and opens the door.
She pushes a button that triggers a mechanism that helps lift David from the car seat into his wheelchair.
She takes Rosa from David’s arms.
Carville and Matlin jump out of the car and cavort around the bushes.
David and Tammy, who holds Rosa, creep toward the institutional glass and aluminum door.
Carville and Matlin play.
DAVID
Maybe they’ll take me too and give us a package deal.
TAMMY
(unable to restrain a chuckle)
Even now? Stop it!
Right in front of the building, there is a parking area STENCILed, “For Emergency Vehicles Only.”
Tammy stares at Rosa.
TAMMY
I can’t.
DAVID
It’s best. Really.
He starts to lead her toward the door.
TAMMY
I can’t!
DAVID
I’m not going to ruin my life!
TAMMY
I am not giving her up! Never!
Tammy whirls around and storms back to the car with Rosa.
Carville and Matlin follow.
David slowly follows.
INT. TOYOTA PRIUS – DAY
They are driving out of the hospital property. David pulls out his cell phone and hits one of the speed-dial keys.
DAVID
Dad, hi. Could we get together?
He listens.
DAVID
Golf? I dunno.
He listens.
DAVID
Okay. Nine holes.
He listens.
DAVID
Okay, 8:00 at Bethpage. Love you, Dad.
He hits a button on his cell phone and returns it to his pocket.
TAMMY
I need a break too. When you come back, I’m going shopping.
David stares at her and Rosa.
EXT. BETHPAGE GOLF COURSE – DAY
As William, David, Carville, and Matlin, in a GOLF CART, approach the 1st tee, they see a large sign that reads, “Site of the 2002 US Open.”
In the golf cart’s storage compartment sit two sets of GOLF CLUBS, a pair of CRUTCHES, and a pair of metal LEG BRACES.
William pulls the cart up next to the tee. A small sign reads “1st Hole, 206 yards, par 3.”
William steps out of the cart, pulls out his DRIVER, steps up to the teeing area, and despite a rusty-gate swing, hits the BALL on the green, 12 feet from the cup.
David applauds.
WILLIAM
Monsieur?
William returns to the cart and pulls it onto the teeing area.
David reaches back to pull out a CLUB with a shaft that has a 30-degree angle in the middle of it. He swivels his seat 90 degrees so he can hit the ball while seated.
William TEEs up a BALL next to the cart for David to hit. William stands aside.
From his seat on the cart, David powerfully swings and hits the ball. It goes long and straight. It lands on the green but rolls off into the adjacent sand trap.
WILLIAM
(smiling)
I’m so sorry.
William climbs into the cart and drives along the cart path, Carville and Matlin on David’s lap.
Matlin sits up to look out the window.
DAVID
Benji Hogan.
William smiles.
WILLIAM
David, Tammy’s ruining your life. You find her stupid, you let her guilt-trip you into quitting the law so you could work with her on her idiotic diversity training, and now she’s making you keep that vegetable. That’s going to make your life hell. David, shouldn’t you leave her?
DAD
I can’t. I inherited your responsibility gene.
WILLIAM
You also inherited my intelligence gene. Don’t throw your life away.
David stares out at the fairway.
DAVID
I need to find out the truth about Dr. Jones. The hospital’s review team found no malpractice. Tammy is begging me to stop. But every bone in my body tells me to keep looking.
WILLIAM
The doctors kept saying nothing was wrong with me.
David nods. He pets Matlin.
They pull up alongside the sand trap.
David matter-of-factly puts on the leg braces, grabs the pair of crutches, a sand WEDGE and a PUTTER, and hobbles into the sand trap.
He thrusts his putter vertically into the sand, so it will be easy to retrieve.
Using the wedge, he blasts the ball from the sand and it lands 15 feet from the cup.
David doffs his cap, grabs his putter, and hobbles onto the green.
William stands before his putt for too long. He putts jerkily and the ball rims the cup and falls out. He jumps to the ball and taps it in.
David lines up his long putt.
WILLIAM
We’re playing for how much per hole?
David calmly sinks the putt.
DAVID
$10,000.
They return to the cart.
DAVID
(to the dogs)
Carville! Matlin!
The dogs jump on his lap and kiss his face.
DAVID
I don’t know if it’s Jones, the hospital, something else. But I know they did this to Rosa. I know it.
WILLIAM
If it’s one thing cancer has taught me is that no matter how much money you have, everyone needs a mission.
DAVID
That’s my mission.
William looks at David and as he wells up, claps David’s shoulder, turns away, and drives on toward the second tee.
INT. MACY’S, INFANT DEPT – DAY
Three long shelves sit on a wall, each with 10 stacks of different-styled infant OUTFITS.
Tammy stares at the shelves.
She pads to one stack, looks at the label to find the right size, and takes one. She gets teary.
She steps a bit more quickly to another stack, looks to find the right size and takes it. Tears run down her cheeks.
She steps quickly to a third stack and without looking at the label, grabs the top one.
She indiscriminately grabs outfit after outfit until her arms are full. She cries hysterically.
Other patrons look over in surprise.
In a cry of anguish, she fires all the outfits to the ground and holds her head in grief.
EXT. 143 ST. – DAY
This is a very urban street. Two store windows in a row are boarded up. The third is a liquor store followed by another boarded-up store, a check-cashing place, and a Rent-to-Own Appliance store.
Rod walks and David wheels down the other side of that street. They pass an adult bookstore.
DAVID
To tell you the truth, I’m surprised you said yes so readily.
ROD
You have me as long as you want me. You deserve that much.
David nods.
They pass a wizened HOMELESS WHITE MAN sitting in a doorway, holding up a paper CUP to them.
David stuffs a dollar bill into the cup. He clasps the man’s shoulder and looks him in the eye.
DAVID
(with his impish grin)
Use it to buy heroin.
The homeless man and Rod laugh.
David and Rod pass “Into Orbit,” a sleazy bar.
They reach a dirty glass door bearing a professional-looking SIGN that reads “Central Women’s Clinic: Rodney Jones MD, LaSandra Lacherie, Nurse Practitioner; Wilhelmina Rogers RN.”
Rod opens the door and they enter.
INT. CENTRAL WOMEN’S CLINIC– DAY
They enter a surprisingly attractive waiting room with two low-income African-American women, one on each of two ivory-colored sofas.
One of the women wears a maternity blouse with an arrow pointing down to her belly. Over the belly is emblazoned, “Future US President.”
The other woman is LAKEISHA, 22, wearing an glittery “I’m A Superstar” tee shirt, oversized to accommodate her advanced pregnancy. She wears WALKMAN HEADPHONES.
She looks up, her face brightens, and she whips off her headphones.
LAKEISHA
Dr. Jones!
ROD
Lakeisha Williams!
LAKEISHA
How do you remember? You see so many of us.
Rod smiles.
LAKEISHA
I remember when you delivered my last one. Smooth as Natalie Cole.
ROD
How’s your baby?
LAKEISHA
I had to give her up.
ROD
Why?
LAKEISHA
It’s complicated.
Rod sneaks a glance at Lakeisha’s pregnant belly. LaKeisha notices.
LAKEISHA
(to Rod)
Don’t worry. I don’t do drugs no more.
ROD
LaKeisha, I’ll be back in a moment.
Rod leads David to the receptionist, MABEL, a large jovial Black woman, 45, wearing a bright blouse. As soon as Mabel sees Rod, she lights up.
MABEL
Hey, Dr. Jones.
ROD
Hey, Mabel.
MABEL
What can I do for you, good doctor?
David shakes his head in amazement.
ROD
May I have a copy of the community resource list?
MABEL
Of course!
She hands him a ONE-PAGER filled with phone numbers.
ROD
Thank you.
Rod hands LaKeisha the sheet.
ROD
Just in case.
LAKEISHA
You were always so nice.
She hugs Rod. Rod warmly returns the hug.
David shakes his head again, amazed.
DAVID
Good luck, LaKeisha.
She smiles.
ROD
Want to see the inside office?
DAVID
I don’t think I can stand any more saintliness. Let’s go.
They leave.
EXT. 143 ST.- DAY
They exit the clinic’s door and back onto the mean street.
ROD
Black women don’t feel comfortable seeing a white doctor for something so personal.
DAVID
Why not?
ROD
White doctors judge every black pregnant woman as a welfare queen who alternates between using abortion as birth control and popping out yet another baby to increase her welfare check.
David nods.
David pulls alongside the front passenger door of a Toyota CAMRY.
Rod opens the door, helps David into the front seat, and puts the folding wheelchair in the trunk.
INT. ROD’S CAMRY – DAY
Rod pulls out of the parking spot and drives down the street. Two hookers in short-shorts wave at David and Rod.
DAVID
It made me feel good to see that.
ROD
(pointing to the hookers)
Them?
DAVID
No. You at your clinic. UCLA to here: wow.
ROD
How’d you know I did my residency at UCLA?
DAVID
Google. You know, I went to UCLA, undergraduate.
ROD
Yeah?
DAVID
Isn’t the sculpture garden wonderful?
ROD
Never been there.
DAVID
In all your time at UCLA, you never saw walked past it?
ROD
Residents don’t get out much. When I had spare time, I mainly played golf.
David squeezes his chin in thought.
DAVID
I’ll bet you loved the golf course on campus.
ROD
Yeah.
David’s eyes bore into Rod’s.
DAVID
Dr. Jones, there is no golf course at UCLA. You’ve never been there.
Rod rubs his hand against the back of his neck.
DAVID
Dr. Jones, did you do a residency?
ROD
Yes.
DAVID
Where?
ROD
Antigua.
David stares at him.
ROD
(Cont.)
If I said I did my residency in Antigua, I might have never gotten admitting privileges at an American hospital.
DAVID
So, to get a good job, you committed fraud.
ROD
I got better training than at most American hospitals.
DAVID
You got a better beach.
ROD
In the US, especially at university hospitals, you’re taught by academics. I got taught by docs that have treated thousands of the kinds of patients I want to work with.
Rod looks David in the eye. David looks away.
They drive on a street with an elevated train overhead. The ROAR is deafening.
They drive past condemned buildings with pictures of geranium window boxes painted on the boarded-up windows to deceive train riders into thinking the buildings are not boarded up.
INT. UNY HOSPITAL, HALLWAY – DAY
Arch and Rod walk down the hall.
ARCH
How’d it go?
ROD
I impressed him…except for one thing.
ARCH
Yes?
Rod taps his foot.
ARCH
Better I know now than after he sues.
ROD
He found out I lied on my resume.
ARCH
What?
Arch pulls Rod into a supply closet and closes the door.
INT. PARAMOUNT CULTURED MARBLE COMPANY, FACTORY FLOOR – DAY
The factory floor features six large MACHINES spaced along a conveyer belt. The machines are turned off and the conveyer belt is still.
No one is on the factory floor except a man who stands at the end of the assembly line in front of a plaster-of-paris COUNTERTOP. He applies a belt SANDER to it and miraculously, the countertop develops a marble-like appearance.
INT. ACE CULTURED MARBLE CO., BREAK ROOM – DAY
In the break room, there’s a long rectangular table made of cultured marble.
Sitting around the table are David, Tammy, and a dozen ethnically diverse employees, some white-collar, some blue-collar. Some sip coffee from Styrofoam cups.
David looks slightly bored. He sips coffee. Matlin sleeps on David’s lap.
Opposite David, Tammy sits erect. Carville sits at Tammy’s feet.
Each participant has a three-ring binder open in front of him or her. Many have doodled on the open page. One participant has covered an entire page with doodles.
MIKE, a credible-looking 35-year old in a blue twill shirt and tan nubby tie, no jacket, taps his pencil nervously. He opens the top button on his shirt and loosens his tie.
MIKE
(his voice shaking)
We’ve been beating around the bush all day. Let me come out with it: Does anyone want to tell me why we really need a workforce (use parodying tone) that reflects the diversity of our customers?
Everyone stops doodling and drinking coffee.
David sits up. His lips widen just slightly and the hint of smile lines appears around his eyes.
Tammy pets Carville.
LEON
So we can understand our customers’ needs better.
Some employees snicker.
MIKE
(taking little gasps in a vain attempt to stay calm)
It’s racist to say that only a Black can understand a Black’s needs. How’d you like it if I said only a white can understand what a white needs?
David straightens, his eyes widen.
EAGER DARRELL
Having a diverse workforce also gives us diverse ideas.
MIKE
(gaining confidence)
Darrell, you and I are both white, but we are diverse: You’re from rural Oklahoma. I’m from New York City. Your dad was a fireman. Mine is a social worker. You’re quiet. I’m a big mouth. Isn’t it racist to say that skin color is the only way to get diversity?
DARRELL
It’s not the only way.
MIKE
(now fully confident)
It’s the only way that makes us lower our hiring standards.
David leans forward.
WASPY ROGER, IN A SUIT
We do not have different standards for different races.
MIKE
Bullshit.
After a long silence, Cathy, an earthy white woman, 45, raises her hand. Tammy, relieved to bring another voice into the discussion, nods at her.
CATHY
And after they’re hired, everyone knows the Blacks get away with showing up late…,
Tammy’s face drops.
CATHY
(Cont’d)
…throwing hissy fits, and doing bad work that would get a white or Asian canned. And that’s the truth.
The three Black participants steam.
ROGER
African-Americans are treated here the same as everyone else.
David looks at his watch, then at Mike and Cathy.
DAVID
I’m impressed with your candor. And I’m equally impressed with the restraint of the African-American participants.
He nods at the African-Americans.
DAVID
Tomorrow, we’ll make sure all voices are heard.
TAMMY
See you all at 9.
The attendees, still in shock, slowly rise. Tammy standing and David in his wheelchair, say good-bye to the participants as they leave.
When the last person leaves, Tammy closes the door.
TAMMY
(to David)
The first time back, couldn’t we have had an easy one?
DAVID
We haven’t had many easy ones.
TAMMY
Open communication helps.
David looks doubtful and pets Matlin.
DAVID
It’s amazing. Corporate America is constantly singing diversity’s praises, yet if diversity is so wonderful, why do they line up to pay us five grand a day to help manage it?
TAMMY
Even if we insist we bring the dogs.
She rubs Carville’s belly.
TAMMY
So what did Dr. Bogash say about Antigua?
DAVID
Surprise: He agreed: Training there is solid.
TAMMY
(sarcastically)
It didn’t bother him that Jones lied on his resume?
DAVID
If he were a white guy, I’m sure it would have bothered him plenty.
TAMMY
You’re a broken record. I’m married to a guy who hates my people.
DAVID
A guy who hates when our people get by on their color.
She gets in his face.
TAMMY
The review team found Jones did nothing incompetent, his clinic shows he’s a hero, and now we know his residency was fine. Leave him alone!
DAVID
He ruined our Rosa and he lied on his resume. I know there’s more. I can’t make Rosa healthy but I can prevent it from happening to other kids.
TAMMY
David, you’re doing this because you hate Blacks that might tarnish your smart guy image.
David averts her eyes, then recovers.
DAVID
I’m doing it because I care about merit.
TAMMY
(suddenly losing it)
We do have merit! I do have merit! You’re a racist. You’re just a Black cracker!
David shakes his head at her in pity and calmly wheels away.
INT. ROD’S OFFICE – DAY
Rod sits at his desk. David sits opposite.
DAVID
I’d like to see your medical school records.
ROD
This is going too far.
DAVID
It’s not too far to conduct due diligence to ensure that the man who destroyed my daughter isn’t likely to destroy many other kids.
ROD
I want to cooperate but now you’re harassing me. Please leave.
DAVID
I figured I’d try the easy way first.
David wheels out confidently and closes the door behind him.
INT. HALLWAY, OUTSIDE OF ROD’S OFFICE – DAY
David bows his head.
INT. UNY MEDICAL SCHOOL, RECORDS OFFICE – DAY
IRMA, a 50-year-old obese officious bureaucrat, overdressed for a clerk, sits at a desk labeled, “Records Clerk, UNY Medical School.”
Two people are in line to talk with her. An EARNEST MALE is first, then David.
The earnest male steps to the desk and puts a university transcript on her desk.
EARNEST MALE
I don’t understand why they crossed calculus off my transcript.
Irma examines the transcript.
IRMA
You took the course seven years ago.
EARNEST MALE
But calculus hasn’t changed in 400 years.
IRMA
I don’t make the policy, but they probably figure that after seven years, you’ve forgotten too much of it.
EARNEST MALE
Then why don’t they just cancel all diplomas? Most students forget 90% of a course the day after the final.
IRMA
I am sorry.
David purses his lips.
EARNEST MALE
(As he storms away)
As though you really need calculus to be a doctor. “Say ahhh while I calculate the derivative of the cosine.”
IRMA
Next.
David wheels up to the desk.
DAVID
It’s those secants and co-tangents that are really important.
Irma is unmoved.
DAVID
(Cont’d)
This is probably one of the weirder problems you’ve heard.
IRMA
I’ve heard it all.
DAVID
Our baby was born with brain damage. I believe our obstetrician is at fault and the hospital is stonewalling.
IRMA
What does that have to do with me?
DAVID
I want to see his medical school record. His name is Rodney Jones.
IRMA
Do you have a notarized authorization letter from him?
DAVID
No but…
IRMA
I’m sorry but under no circumstances…
DAVID
May I speak with your supervisor?
IRMA
You’re wasting your time.
DAVID
I like to waste time.
IRMA
She’s out.
DAVID
Who’s in?
IRMA
The director, but she doesn’t deal with such matters.
DAVID
Would you just ask if she’d see me? I’ll love you forever.
Irma can’t help but crack a smile, and pads off.
When she’s out of sight, David cracks a grin.
INT. OFFICE OF THE DIRECTOR OF RECORDS - DAY
This office is prudent, decorated with some of Office Depot’s better furniture plus a well-framed print of a portrait of Florence Nightingale captioned “Statistician and Nurse.”
DR. CECILIA GOMEZ, a kindly looking 40-year-old in a business suit brightened with a well-tied scarf, sits at her desk. David sits in his wheelchair, cater-corner from her.
DAVID
I already found out he lied about his residency. First, I need to know if he even graduated from UNY Med School.
CECILIA
That’s easy. It’s public information.
She types into her computer.
CECILIA
Graduated June 2001.
David taps his foot once.
CECILIA
Irma said you wanted to see his file. That’s not public.
She sneaks a look at the file and her face drops.
DAVID
What?
CECILIA
Nothing.
DAVID
You saw something.
CECILIA
I’m sorry.
DAVID
We’re talking about people’s lives here.
CECILIA
I’d lose my job.
Cecilia rises.
CECILIA
Sorry I couldn’t be more help.
She shakes his hand warmly and he slowly wheels out.
INT. ROBERT’S OFFICE – DAY
Robert sits behind his desk.
David sits in front of him.
DAVID
He hurt my baby, he lied on his resume, and I tell you, when the Director of Records saw Jones’ file, she looked like she’d seen a notation that Jones was a mass murderer. You’re going to investigate him or I am going to sue.
Robert runs his hand through his hair. He then leans forward.
ROBERT
Mr. Powell, your baby’s problem was not caused by malpractice. Sue, if you feel the need.
David leans forward.
DAVID
I feel the need.
David wheels out.
INT. DAVID AND TAMMY’S BEDROOM - NIGHT
Tammy and David sit up in bed. Between them, Rosa cries weakly. Carville and Matlin sleep at the foot of the bed.
DAVID
I’m suing the hospital and Jones.
TAMMY
You’re what?! You’ve been stalking Jones, leaving me almost totally alone to take care of Rosa. And now, after Jones proved you wrong about everything, you’re suing him? You do this and I’m back to Jamaica.
DAVID
(with his impish grin)
Want to be co-counsel?
TAMMY
And you’re representing yourself? A lawyer who represents himself has a fool for a client? Fool! And you think I’M a loser?
David averts her eyes.
INT. NEW YORK SUPERIOR COURT, COURTROOM 434 – DAY
Judge ANNE GALWAY, 60, is an Irish-looking woman, with flashes of red hair still visible amid the gray. She sits at the judge’s bench.
Rod and Robert sit at the defendant’s table.
The gallery is empty except for Agnes, sitting in the front row just behind the plaintiff’s table.
William walks in, pats her on the shoulder, and sits next to her.
David sits alone at the plaintiff’s table, confidently looking at the judge, then the jury box. He is in his element.
The jury box is filled with 12 diverse adults, each wearing a nametag with a number between 1 and 67.
Arch stands before the jury box.
ARCH
#67: Do you think race should be considered in medical school admission?
STOSH, a blue-collar 40-year old man wearing a nametag that reads “#67” stands up.
STOSH
I gotta tell ya’, I don’t want to be looking up at a Black surgeon wondering if he only got to be a surgeon because he had black skin.
ARCH
Prosecution dismisses #67 for cause.
DAVID
Aw shucks; he was perfect.
Anne and even Arch laugh.
ANNE
#67 is dismissed. The court thanks you for your service.
Anne looks at her watch.
ANNE
We’ve gone through 67 candidates. Candidate #68 is the last person in this pool. Mr. Powell, Mr. Stone, you are looking at Juror #12.
Sitting in the jury box wearing a #68 NAMETAG is TARIK, 30, an intense-looking Black.
Arch nods, pleased.
DAVID
But…
ANNE
You’ve had more than your share of buts.
David cracks a smile.
ANNE
(Cont’d)
The jury is hereby empanelled. Trial starts tomorrow 9 AM. This court is adjourned.
Anne bangs her gavel twice.
INT. NEW YORK SUPERIOR COURT, COURTROOM 434 – DAY
The gallery is now half full. Marcella is among them.
Robert and Rod sit next to Arch.
DR. HAROLD MICHAELS, a bookish 60-year old, sits in the witness stand.
David, in his wheelchair as usual, sits in front of the witness stand.
DAVID
Dr. Michaels, summarize your background for us.
HAROLD
I’m the Sterling Professor of Educational Statistics at Harvard.
DAVID
You’ve published widely on the subject.
HAROLD
Four books, 200 articles.
DAVID
You have reviewed the admission statistics for the UNY Medical School, class of 2001?
HAROLD
Yes.
DAVID
And you’ve reviewed the defendant’s college record?
HAROLD
Yes.
DAVID
In your opinion, would the defendant have been admitted to UNY Med School if he were White or Asian?
ARCH
Objection. He is a statistician. He is not in a position to assess a candidate’s overall quality.
ANNE
Sustained.
DAVID
I’ll rephrase. Looking at his college grades and test scores, how likely is it that the defendant would be admitted if he were white or Asian?
HAROLD
Not one white or Asian student was admitted to UNY Medical School that year with a grade and test score combination as low as the defendant’s.
David nods.
Rod lowers his head slightly.
DAVID
(to Arch)
Your witness.
Agnes smiles and William nods as David returns to his seat.
Arch approaches the witness.
ARCH
I noticed your careful wording. You said, “No one had grade and test score combination as low as the defendant’s.” You can certainly lie with statistics.
DAVID
Objection.
ANNE
Sustained.
ARCH
Let’s break this down. What was his grade-point-average in college?
HAROLD
3.22.
ARCH
Of the 122 students admitted to UNY medical school that year, were there any with grade point averages lower than 3.22?
HAROLD
Yes.
ARCH
How many?
HAROLD
14.
Tarik’s face brightens. Rod’s face brightens.
HAROLD
But if you look at the most relevant courses…
ARCH
Just answer the question.
ANNE
I want to hear this.
HAROLD
If you look at the most relevant courses—the six courses that all med schools require: a year of biology, two years of chemistry, and a year of calculus, the defendant’s GPA was 2.4. Not one of the 122 students scored that low.
David nods. Rod’s face drops.
ARCH
Is it not true that African-Americans continue to suffer from racism and that this means a Black student must overcome much more than a white or Asian to obtain the same grades?
DAVID
Objection. Witness is a statistician, not a sociologist.
ARCH
Withdrawn. Are you aware that many experts urge that tests such as the Medical College Admission Test not be used because they’re biased against African-Americans?
HAROLD
They make that recommendation for political reasons. If you look at the actual statistics, African-American students do worse in medical school than their MCAT scores predict. So in fact, the MCAT is biased in their favor.
Arch twists his ring.
ARCH
Couldn’t African-Americans’ challenges in med school be because they’re subject to racism by professors, they’re excluded from study groups, and because of the larger racism they face outside school?
Tarik nods. Rod nods.
HAROLD
I suppose.
ARCH
Thank you. So if we look at the variable of unquestioned importance—grades--Dr. Jones’ grades were higher than 14 White and Asian students that were admitted, which is particularly impressive in light of the fact that African-Americans are subject to racism that white and Asians are not. Is that correct?
DAVID
Objection. He’s not cross-examining; he’s lecturing.
ANNE
Sustained.
ARCH
Would you agree that there is more to assessing a medical school applicant’s qualifications than grades and test scores?
HAROLD
Yes.
ARCH
In reviewing Dr. Jones’ application, did you examine any of those other qualifications?
HAROLD
No.
ARCH
Why not?
HAROLD
I was told to review his grades and test scores.
ARCH
You mean the prosecution only paid you to review his grades and test scores and to ignore anything that might make him look good.
Tarik nods.
DAVID
Objection.
ARCH
Withdrawn. No further questions.
The gallery murmurs.
Marcella sits soberly.
INT. COURTROOM 434 – DAY
SAMUEL REINHARDT, a 55-year-old man in a tweed sportcoat and jacket sits in the witness stand.
In front of him, David sits in his wheelchair. He exudes confidence but not hubris.
DAVID
Dr. Reinhardt, you were dean of UNY Medical School when the defendant was a student there?
SAMUEL
Yes.
DAVID
Was the defendant’s performance in medical school any better than as an undergraduate?
SAMUEL
No. His average test score on tests and on evaluations of his clinical work was 62%.
A white juror takes a note. Rod shifts in his chair.
DAVID
So, in other words, he did not know 38& of what he was tested on in medical school.
SAMUEL
I guess that’s correct.
DAVID
How did that compare with other students?
SAMUEL
That ranked him 121st of the 122 students in his class.
DAVID
If he were white or Asian, would he have been allowed to graduate?
SAMUEL
Probably not.
David wheels around to let that sink in.
Tarik’s face tightens. Rod stiffens.
DAVID
Was Dr. Jones allowed to graduate?
SAMUEL
Yes.
DAVID
Why?
SAMUEL
We try to graduate as many African-Americans as possible.
DAVID
Why?
SAMUEL
We are aware of the shortage of African-American doctors and want to give Blacks every chance.
DAVID
Aren’t you worried about graduating an incompetent doctor?
SAMUEL
After med school, he or she must complete a residency. If the person doesn’t acquire sufficient competency there, we assume the hospital won’t certify the person.
DAVID
Unless they push him through, like you did. Are there other reasons you feel pressure to graduate Black students?
SAMUEL
(reluctantly)
Yes.
DAVID
What are they?
SAMUEL
We are required to inform the government of the percentage of so-called underrepresented minorities we admit and graduate.
DAVID
Are you afraid that if you don’t graduate enough minorities that your funding might be jeopardized?
SAMUEL
Possibly.
DAVID
Is there another source of pressure to push African-American students through?
SAMUEL
(reluctantly)
Yes.
DAVID
What?
SAMUEL
The Black Student Association.
DAVID
How does it exert pressure on you?
SAMUEL
For example, when a Black student is doing poorly enough to be at risk of not graduating, the Black Student Association often tries to pressure us into raising the student’s grades.
DAVID
But why would you respond to that pressure?
SAMUEL
They hold over our head that, every year, they hold a press conference reporting our admission and graduation rates for African-Americans.
DAVID
Any other sources of pressure?
SAMUEL
Some African-American students have claimed that our instructors are racist in assigning grades.
DAVID
Serious charge.
Tammy unobtrusively enters the courtroom from the back and takes a seat in the back corner.
SAMUEL
We devote considerable resources to investigating those charges. We have never found one instance in which that was true.
DAVID
Did Dr. Jones ever make such a charge?
Rod holds the back of his neck.
SAMUEL
Yes.
DAVID
Tell us the circumstances.
SAMUEL
Four of his professors wrote letters to me urging me to not allow him to graduate.
DAVID
Why?
SAMUEL
They felt he hadn’t demonstrated sufficient ability to be a physician.
DAVID
And did you dismiss him?
SAMUEL
Yes.
DAVID
But he’s a doctor now. What happened?
SAMUEL
With the help of the Black Students Association, Jones protested. They dug up a couple of errors we made.
DAVID
What sort of errors?
SAMUEL
The student handbook states we must provide a student with official notice of being on probation by a certain date. We were late. A professor also misgraded one of his exams. Mr. Jones also alleged that professors made racist remarks. Rather than face an ugly fight played out in the media, we decided to let him graduate.
Tammy clasps her pendant and, inexplicably, cracks a smile.
SAMUEL
(continuing)
But we made clear in the letters of recommendation we wrote for residencies, that we had serious reservations about him.
David looks out to the jury and then the gallery.
DAVID
Your witness.
David wheels back to his table.
Tammy smiles at him. Agnes smiles at him. William breaks a smile too. David nods.
Arch approaches Samuel.
ARCH
Does the AMA recognize Antigua Hospital’s residency as equivalent to residencies in the US?
SAMUEL
Yes.
ARCH
In fact, don’t some experts believe that many Caribbean residencies are better for doctors planning practices in low-income communities, and in an inner-city hospital like UNY, which were Dr. Jones’ goals?
SAMUEL
Yes.
ARCH
Did Dr. Jones complete that residency satisfactorily?
SAMUEL
Yes.
Tarik takes a note.
ARCH
So while Dr. Jones may have struggled in medical school, he completed the most advanced part of medical training satisfactorily. Is that correct?
SAMUEL
Yes.
ARCH
No further questions.
Arch returns to his table.
INT. COURTROOM 434 – DAY
DR. MARIE CALDERONE, a 40-year-old credible-looking woman sits in the witness box.
Facing her, David sits in his wheelchair, engaged as ever.
DAVID
State your name.
MARIE
Dr. Marie Calderone.
DAVID
And what is your position?
MARIE
I’m Director of the New York State Commission on Medical Board Certification.
DAVID
Dr. Calderone, if doctors already have completed a residency, why would they want to become board-certified?
Marcella sits intently in the gallery.
MARIE
Because residencies are variable. The board certification exam provides a uniform yardstick that demonstrates that the candidate is competent in his or her specialty.
DAVID
In Dr. Jones’ case, of course, that would be obstetrics and gynecology. Did Dr. Jones take the exam to become board-certified?
MARIE
Yes.
DAVID
Did he pass?
MARIE
No.
DAVID
He failed twice, isn’t that correct?
Rod rests his head on his chin. A Latino and an Asian juror take a note.
MARIE
Yes.
DAVID
Can he still legally claim to be an OB-GYN?
MARIE.
Yes. Board certification is voluntary.
DAVID
Thank you, Dr. Calderone.
David wheels back to his seat. Tammy smiles at him.
INT. DAVID AND TAMMY’S BEDROOM – NIGHT
David and Tammy sit in bed, he in a tee shirt, she in a sexy nightgown. Rosa sleeps.
DAVID
Tomorrow, you and Jones take the stand.
TAMMY
What do you think Stone will ask me?
Tammy clasps her pendant.
DAVID
My guess is he’ll try to get you to admit that Rosa isn’t doing that badly.
TAMMY
Fat chance.
She strokes Rosa’s hair.
TAMMY
You hurt me today.
DAVID
What do you mean?
TAMMY
I felt like you were attacking me again, but I couldn’t help being proud of you. You were too good.
DAVID
I feel this is me at my best.
She kisses him.
Surprised, David eagerly returns her advances.
They get passionate.
He slides onto her.
She pulls up her nightgown.
DAVID
You don’t have your patch on.
TAMMY
Right.
DAVID
Is it safe?
TAMMY
I’m not sure.
He winces, they look at each other, and make love.
INT. COURTROOM 434 – DAY
Rod sits in the witness stand. Arch walks toward him.
ARCH
When did you first decide to become a doctor?
ROD
My sister had gotten pregnant when she was 15. She was so scared. She knew if she had the baby, her life would be changed.
DAVID
Objection. This is irrelevant. It’s a ploy to create sympathy for the defendant.
ARCH
Goes to establishing character, part of competence.
ANNE
Overruled.
ARCH
Please continue.
ROD
She didn’t want to tell our grandmother, so I took her to the clinic and held her hand while the doctor performed the abortion. She was so relieved. When I saw that just by doing an abortion, a doctor could change someone’s life, I knew I wanted to be a physician.
ARCH
Your college and medical school grades and test scores were lower than most other students’. Doesn’t that suggest you aren’t qualified?
ROD
I went to school in the inner-city, in college, I always had to hold a part-time job, and my parents weren’t exactly role models. Yes, my grades were lower, but if I had the advantages white folks have, my grades wouldn’t have been.
Tarik nods.
ARCH
You actually had things in your background that made you a better doctor than many of your colleagues.
ROD
I spent every undergraduate summer working in my community: in AIDS clinics, drug rehab programs, women’s health collectives, while my classmates were backpacking around Europe.
ARCH
And today, in addition to your work at UNY Hospital, you own a clinic that serves low-income women, and you work there 30 hours a week.
ROD
Yes.
Rod looks at David. David averts her eyes.
ARCH
Is it true that after expenses, you barely break even there?
ROD
Yes.
ARCH
Now tell us about delivering Rosa.
ROD
The baby’s head was in a very unusual position—one in a million. And you can’t see that through the uterus. In retrospect, I did make a judgment call that wasn’t the best.
ARCH
And how did the hospital’s review team judge that call?
ROD
They called it sub-optimal but not incompetent. I’m not the world’s best doctor yet, but I am a decent one who’s working hard to get better.
Tarik and a white juror nods.
ARCH
Your witness.
David wheels up to Rod.
DAVID
I have just one question. Can you look me in the eye and say that having been at the bottom of your class, failing the board exam twice, and now making a so-called sub-optimal call that have ruined my daughter’s life, my wife’s life, my life, that you don’t feel guilty?
Tammy stares, tearful, at Rod.
ROD
I don’t.
DAVID
That’s what I thought. That’s the scariest part.
The jury and gallery murmur.
DAVID
No further questions.
David wheels back to his table.
INT. COURTROOM – DAY
Tammy sits nervously in the witness stand.
Arch approaches her.
ARCH
Did you participate in the Shaka-Lulu Women’s Retreat while you were pregnant?
Tammy is shocked, speechless.
David looks puzzled.
ARCH
I repeat. Did you participate in the Shaka-Lulu Women’s Retreat while you were pregnant?
TAMMY
(whispering)
Yes.
ARCH
What did you do there, Mrs. Powell?
TAMMY
(shaken)
We danced, we meditated, we, uh, heard stories about Africa.
ARCH
Is that all?
Tammy stares at Arch.
ARCH
Let me help you. What did you do Saturday night of that retreat?
TAMMY
(very shaky)
We did a ceremony honoring our ancestors, then we danced in the moonlight.
ARCH
I have two witnesses that say you did a lot more than dance. What else did you do, Mrs. Powell?
David leans forward.
TAMMY
I don’t remember.
ARCH
Well, I suppose you have a good reason for not remembering. You smoked marijuana from midnight until 3 AM, did you not?
Tammy gets teary.
David’s eyes bore into Tammy’s.
Agnes looks at William in dismay.
ARCH
I assume that’s a yes.
Tammy nods weakly.
ARCH
Let the record show the witness answered in the affirmative.
ARCH
Mrs. Powell, were you pregnant at that time?
TAMMY
You know I was.
ARCH
Were you aware that smoking marijuana during pregnancy increased your child’s risk of being born with brain damage?
TAMMY
(whispering)
Yes.
ARCH
Was that the only time you smoked marijuana during your pregnancy?
Tammy sits in stunned silence.
David’s eyes fill with rage.
Rod’s face brightens.
ANNE
Answer the question.
TAMMY
(whispering)
No.
Agnes stiffens.
William clenches his fist, then storms out of the room. Agnes watches William leave then turns around to watch the court proceedings.
ARCH
May I see your amulet?
Tears stream down Tammy’s face.
David leans forward.
ANNE
(to Tammy)
Would you hand your pendant to Mr. Stone?
Shakily, she removes the elliptical pendant and hands it to Arch.
Arch walks to the jury box, holds up the pendant, presses one edge, whereupon it opens to reveal a wad of black, tar-like material.
He walks back to Tammy.
ARCH
What is this material?
TAMMY
Hashish.
ARCH
How often do you wear this?
TAMMY
All the time.
ARCH
Why do you wear it all the time?
TAMMY
I am a Rastafarian.
David holds his head in disbelief.
ARCH
(holding the amulet up)
Tell us about these two gentlemen.
TAMMY
This is Marcus Garvey. He’s the founder of Rastafarianism and (he turns over the amulet to the other side) this is former Ethiopian King Haile Selassie. Rastas believe he is God.
ARCH
What do Rastafarians believe about hashish and marijuana?
TAMMY
That it has healing powers.
ARCH
How often did you heal yourself and your baby during your pregnancy?
TAMMY
(whispering)
I refuse to answer on grounds it might incriminate me.
David lifts his head skyward.
Agnes lowers her head.
ANNE
The witness is to step down. Mr. Powell, under the 5th amendment, no further questions may be asked of this witness.
DAVID
I have nothing to say to this witness.
David glares poisonously at Tammy.
Agnes stares at Tammy with equal venom.
The jury and gallery murmur.
Arch jumps up.
ARCH
The defense rests, your honor.
ANNE
Well then, closing arguments, 9 AM tomorrow.
Marcella rises from the gallery.
MARCELLA
Wait.
The jury and gallery murmur.
Rod looks at Marcella in horror.
Anne bangs her gavel twice.
MARCELLA
I’m the nurse who was in the operating room when Dr. Jones delivered Rosa.
ARCH
What kind of a stunt…
DAVID
I had no idea, I swear.
ANNE
(to Marcella)
Do you have information that will bear significantly on this case?
ARCH
I object. Witnesses can’t just pop up. The prosecution rested. The defense rested.
ANNE
Is your information truly significant?
MARCELLA
I believe so.
Tammy brightens.
Rod whispers to Arch. Arch’s brow furrows.
ANNE
We are going to hear what this person has to say. 30-minute recess to prepare.
ARCH
But…
Anne bangs her gavel twice.
INT. COURTROOM – DAY
Marcella sits in the witness box. David sits in his wheelchair in front of her.
DAVID
Why didn’t you come forward earlier?
MARCELLA
I wanted to for a long time but after your wife testified, I was afraid you were going to lose.
DAVID
Why do you not want me to lose?
MARCELLA
I don’t want any more babies hurt.
She rubs her forehead.
MARCELLA
(Con’t.)
This wasn’t the only time Dr. Jones made mistakes.
David wheels around to let this information sink in.
Tammy’s face brightens. Rod turns away and lowers his head.
DAVID
Yes?
MARCELLA
With another baby, he waited too long before doing a C Section.
DAVID
How is that baby now?
MARCELLA
We’re not sure yet about Willis. It happened just a week before Rosa.
DAVID
How long has Dr. Jones been working at UNY Hospital?
MARCELLA
About a month.
DAVID
So in just one month, he has damaged two babies. What did the hospital do after the Willis incident?
MARCELLA
The hospital didn’t know.
DAVID
How is that?
MARCELLA
Only the nurse anesthetist and I knew.
DAVID
The parents didn’t pursue it?
MARCELLA
The mother was retarded. And there was no father around.
DAVID
You didn’t present the case at the review board?
MARCELLA
We really wanted our first Black surgeon to succeed. And after Dr. Jones reminded us about how much good he was doing for the community, and he assured us he was working very hard to get better, and he’s a very nice guy. He begged us not to destroy his career.
DAVID
(to Arch)
Your witness.
David wheels back to his table.
Arch stands and approaches Marcella.
ARCH
Are you an obstetrician?
MARCELLA
No.
ARCH
Are you a physician of any sort?
MARCELLA
No.
ARCH
Have you gotten corroboration from any doctor that Dr. Jones committed malpractice?
MARCELLA
(softly)
No.
ARCH
So, you’re not an obstetrician, you’re not even a doctor, and you haven’t gotten corroboration from any doctor that Dr. Jones committed malpractice, yet you’re willing to stand up here and try to destroy this man’s career.
David leans forward.
MARCELLA
If he puts children at unnecessary risk, yes.
David relaxes.
The jury and gallery murmur.
ARCH
No more questions.
ANNE
You may step down.
Marcella steps down.
ANNE
Closing arguments, tomorrow 9 AM.
Rod stares at Marcella.
INT. COURTROOM – DAY
Anne, David and Arch sit in their seats. The gallery is full.
ANNE
Mr. Powell?
David looks at the photo of Tammy and Rosa, then wheels toward the jury. He is in The Zone.
DAVID
My wife’s smoking pot does not excuse Dr. Jones. Yes, it put my child at risk. But many pot smokers give birth to healthy babies. But when the doctor cuts an artery to the baby’s brain, there will be brain damage.
Rod is impassive.
DAVID
(Cont’d)
You know how I ended up in this wheelchair? I was having surgery to fix a shoulder I separated playing basketball. The resident who administered the spinal anesthetic missed. I know what it feels like to suffer from malpractice.
Maybe this will help you feel it:
Imagine your baby was born with brain damage. The hospital then tells you your obstetrician made a “sub-optimal call.” You then hear that the hospital hired that doctor despite his being at the bottom of his medical school class--how would you like it if your doctor only knew 62% of the material?--a doctor who was kicked out of medical school and only got reenrolled by playing the race card, a doctor who failed the board exam---twice.
Tarik glowers at David. Rod glowers at David.
DAVID
You then hear that in just one month at the hospital, he made another mistake that damaged another baby but the hospital’s environment was so self-protective that its review committee never even heard about it. Now, you’re facing the pain of having a child who’ll need custodial care for life.
Tammy tightens.
DAVID
Would you want that hospital to continue such negligent practices of hiring and monitoring its doctors? Do you want to endanger more children?
David wheels up to the jury box.
DAVID
(Cont’d)
Would you have that doctor deliver another one of your babies?
David looks into each juror’s eyes.
DAVID
(Con’t)
UNY exercised less care in hiring Dr. Jones than most widget companies use in picking a salesman. Send UNY a message. The only message they will hear is money. Big money.
David wheels toward his table. He stops midway.
DAVID
Oh, and I pledge to give 75% of any award to the American Patient Advocacy Association.
David returns to his table.
Arch rises and approaches the jury.
ARCH
Mr. Powell wants you to imagine something. Well, imagine this. Imagine you were in charge of hiring an obstetrician for an inner-city hospital and you read an application with the following qualifications:
As an undergraduate at Cornell, the applicant spent four summers working in inner-city health clinics. He was admitted to the medical school attached to your own hospital, one of the nation’s most prestigious. He completed his residency at a hospital that many experts believe provide better training for inner-city work than most American residencies. After completing his residency, he didn’t cash in by opening up shop in a fancy neighborhood but practices in an inner-city clinic.
Would you not consider hiring him in your inner-city hospital? And if you did hire him, do you think it would be fair for a patient to sue you because he made a judgment call that the review panel deemed no worse than sub-optimal? When their child’s brain damage was likely caused or at least exacerbated by her mother being a pothead? You’d think such a lawsuit was absurd, right? Well, that is precisely what this plaintiff’s lawsuit is. Tell him so.
Arch returns to his seat.
INT. COURTHOUSE, HALLWAY – DAY
Down the hall from the courtroom, in an area away from other people, Tammy stands and David stands shaky, his strong arms holding onto his wheelchair to keep his knees from buckling.
DAVID
So the real reason you kept trying to stop me had nothing to do with your concern about my harassing Dr. Jones, nothing to do with defending your beloved affirmative action, nothing to do with getting on with our lives. It was just about covering your pot-smoking ass.
TAMMY
David, I need to talk to you.
DAVID
There’s nothing to talk about.
He drops back down into his wheelchair and whirls around toward the courtroom.
TAMMY
Stop! It’s very important.
He sighs and stops.
DAVID
You swore you stopped as soon as you got pregnant! How could I not have known? I’m so stupid!
TAMMY
I worked very hard to hide it. I was scared you’d leave me.
DAVID
After all this, Rosa is mainly your fault!
TAMMY
I swear, never again.
DAVID
You’re a cliché.
TAMMY
I’ll do it right this time.
DAVID
What?!
She opens her purse and pulls out a wooden stick that looks like a Popsicle stick except that one end is light blue.
He stares at it, stunned.
She looks at him, tears streaming down.
He looks at her impassively.
He slowly turns away in thought, whereupon he sees Agnes approaching.
AGNES
Jury’s in.
They walk toward the courtroom.
INT. COURTROOM – DAY
The gallery is full.
Everyone is in their places. David sits deep in thought. Robert stares at the jury and whispers to Arch. Arch whispers back.
ANNE
Would the foreman please rise?
The PHLEGMATIC FOREMAN, a white male, 65, in a white shirt and tie stands.
ANNE
In the matter of Powell vs. the University of New York Medical Center, how find you?
FOREMAN
We, the jury find for the plaintiff…in the amount of $65,000.
David nods.
Rod hugs Arch. Arch hugs back tepidly.
Rod moves to hug Robert. Robert pulls back and offers a tepid handshake.
A very pregnant woman, MARIA, walks from the gallery up to Rod.
MARIA
I just wanted you to know I believe in you and do want you deliver my baby.
Rod looks down slightly and purses his lips. Recovering, he looks at her.
ROD
Thank you, Maria.
He briefly shakes her hand and turns away.
Arch walks to David and puts his business card in front of David.
ARCH
On another matter: the hospital fired a nurse for incompetence and she’s claiming racial discrimination. Would you like to take the case?
David stares at the card.
DAVID
Let me think about it.
Arch shakes David’s hand.
David turns and, head high, wheels past the tearful, staring Tammy, still seated.
Tammy gets up, follows him, from behind, grabs the handles of his wheelchair, turns it around and stares into his eyes.
David’s face slowly softens just a bit. She takes his hand, he starts to pull it away, but doesn’t.
He slowly turns his wheelchair around toward the exit and they leave together.
FADE OUT
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