The Jodi Picoult Collection #4 Read online

  “Different,” Charlotte repeated.

  “You told me a year and a half ago that you wanted Willow to have opportunities to do things she might not otherwise be able to do,” I said. “Didn’t you deserve the same?”

  I held my breath until Charlotte lifted her face to mine. “How long before we start?” she asked.

  • • •

  The jury, which had looked so disparate on Friday, seemed to be a unified body already first thing Monday morning. Judge Gellar had dyed his hair over the weekend, a deep black Grecian Formula that drew my eyes like a magnet and made him look like an Elvis impersonator—never a good image to associate with a judge you are desperate to impress. When he instructed the four cameras that had been allowed in to report on the trial, I almost expected him to break out in a resounding chorus of “Burning Love.”

  The courtroom was full—of media, of disability-rights advocates, of people who just liked to see a good show. Charlotte was trembling beside me, staring down at her lap. “Ms. Gates,” Judge Gellar said. “Whenever you’re ready.”

  I squeezed Charlotte’s hand, then stood up to face the jury. “Good morning, ladies and gentlemen,” I said. “I’d like to tell you about a little girl named Willow O’Keefe.”

  I walked toward them. “Willow’s six and a half years old,” I said, “and she’s broken sixty-eight bones in her lifetime. The most recent one was Friday night, when her mom got home from jury selection. Willow was running and slipped. She broke her femur and had to have surgery to put a rod inside it. But Willow’s also broken bones when she’s sneezed. When she’s bumped into a table. When she’s rolled over in her sleep. That’s because Willow has osteogenesis imperfecta, an illness you might know as brittle bone syndrome. It means she has been and always will be susceptible to broken bones.”

  I held up my right hand. “I broke my arm once in second grade. A girl named Lulu, who was the class bully, thought it would be funny to push me off the jungle gym to see if I could fly. I don’t remember much about that break, except that it hurt like crazy. Every time Willow breaks a bone, it hurts just as much as it would if you or I broke a bone. The difference is that hers break more rapidly, and more easily. Because of this, from her birth, osteogenesis imperfecta has meant a lifetime of setbacks, rehabilitation, therapy, and surgeries for Willow, a lifetime of pain. And what osteogenesis imperfecta has meant for her mother, Charlotte, is a life interrupted.”

  I walked back toward our table. “Charlotte O’Keefe was a successful pastry chef whose strength was an asset. She was used to hauling around fifty-pound bags of flour and punching dough—and now every movement of hers is done with finesse, since even lifting her daughter the wrong way can cause a break. If you ask Charlotte, she’ll tell you how much she loves Willow. She’ll tell you her daughter never lets her down. But she can’t say the same about her obstetrician, Piper Reece—her friend, ladies and gentlemen—who knew that there was a problem with the fetus and failed to disclose it to Charlotte so that she could make decisions every prospective mother has the right to make.”

  Facing the jury again, I spread my palms wide. “Make no mistake, ladies and gentlemen, this case is not about feelings. It’s not about whether Charlotte O’Keefe adores her daughter. That’s a given. This case is about facts—facts that Piper Reece knew and dismissed. Facts that weren’t given to a patient by a physician she trusted. No one is blaming Dr. Reece for Willow’s condition; no one is saying she caused the illness. However, Dr. Reece is to blame for not giving the O’Keefes all the information she had. You see, at Charlotte’s eighteen- week ultrasound, there were already signs that the fetus suffered from osteogenesis imperfecta—signs that Dr. Reece ignored,” I said.

  “Imagine if you, the jury, came into this courtroom expecting me to give you details about this case, and I did—but I held back one critical piece of information. Now imagine that, weeks after you’d rendered your verdict, you learned about this information. How would that make you feel? Angry? Troubled? Cheated? Maybe you’d even find yourself losing sleep at night, wondering if this information, presented earlier, might have changed your vote,” I said. “If I withheld information during a trial, that would be grounds for appeal. But when a physician withholds information from a patient, that’s malpractice.”

  I surveyed the jury. “Now imagine that the information I withheld might affect not just the outcome of the jury trial you sat on . . . but your whole future.” I walked back to my seat. “That, ladies and gentlemen, is exactly what brings Charlotte O’Keefe here today.”

  Charlotte

  I could feel Piper staring.

  As soon as Marin stood and started talking, she had a direct view of me from across the room, where she sat at a table with her attorney. Her gaze was blazing a hole in my skin; I had to turn away to stop it from burning.

  Somewhere behind her was Rob. His eyes were on me, too, like pinpricks, like lasers. I was the vertex, and they were the rays of the angle. Acute, somewhat less than the whole.

  Piper didn’t look like Piper anymore. She was thinner, older. She was wearing something we would have made fun of while we were shopping, an outfit we would have consigned to the Skating Moms crowd.

  I wonder if I looked different, too—or if that was even possible, given that, the very moment I’d sued her, I’d become someone she never thought I could be.

  Marin slipped into her seat beside me with a sigh. “Off and running,” she whispered as Guy Booker rose and buttoned his suit jacket.

  “I wouldn’t doubt that Willow O’Keefe’s had—what was it Ms. Gates said?—sixty-eight broken bones. But Willow also had a mad scientist birthday party in February. She’s got a poster of Hannah Montana hanging over her bed, and she got the highest grade on a districtwide reading test last year. She hates the color orange and the smell of cooked cabbage and asked Santa for a monkey last Christmas. In other words, ladies and gentlemen, in many ways Willow O’Keefe is no different from any other six-and-a-half-year-old girl.”

  He walked toward the jury box. “Yes, she is disabled. And yes, she has special needs. But does that mean she doesn’t have a right to be alive? That her birth was a wrongful one? Because that’s what this case is really about. The tort is called wrongful birth for a reason, and believe me, it’s a tough one to wrap your heads around. But yes indeed, this mother, Charlotte O’Keefe, is saying that she wishes her own child had never been born.”

  I felt a shock go through me, as sure as lightning.

  “You’re going to hear from Willow’s mother about how much her daughter suffers. But you’ll also hear from her father about how much Willow loves life. And you’ll hear him say how much joy that child’s brought into his life, and just what he thinks about this so-called wrongful birth. That’s right. You’re not misunderstanding me. Charlotte O’Keefe’s own husband disagreed with the lawsuit his wife started and refused to be part of a scheme to milk the deep pockets of a medical insurance company.”

  Guy Booker walked toward Piper. “When a couple first find out that they’re pregnant, they immediately hope the child will be healthy. No one wants a child to be born less than perfect. But the truth is, there are no guarantees. The truth is, ladies and gentlemen, that Charlotte O’Keefe is in this for two reasons, and two reasons only: to get some money, and to point the finger at someone other than herself.”

  There were times when I was baking that I opened the oven at eye level and was hit by a wave of heat so strong and severe that it temporarily blinded me. Guy Booker’s words had the same effect at that moment. I realized that Marin was right. I could say that I loved you and that I wanted to sue for wrongful birth and not contradict myself. It was a little like telling someone, after she’d seen the color green, to completely forget its existence. I could never erase the mark of your hand holding mine, or your voice in my ear. I couldn’t imagine life without you. If I’d never known you, the tale would be different; it would not be the story of you and me.

  I had ne