Chapter 7: The Clinic's Offer

Dr.
Harmon's office was on the fourth floor of the Fairview Fertility building.
Glass walls.
A view of the car park.
A desk that was too large for the room.
He stood when Patricia and I walked in.
He was younger than his voice — mid-fifties, a careful tie, the look of a man who had spent the last forty-eight hours with lawyers.
There were two other people in the room.
A woman he introduced as the clinic's legal counsel, and a man he called their patient liaison director, whose job, as far as I could tell, was to look sympathetic.
"Mrs.
Calloway," Dr.
Harmon said.
"Thank you for coming.
I want to begin by expressing how deeply sorry—"
"Dr.
Harmon," Patricia said pleasantly, "my client is here to listen to your proposal.
She's not here to accept an apology.
Let's use the time well."
He sat down.
The clinic's attorney, a woman named Sloane, opened a leather folder.
"Fairview is prepared to acknowledge the storage transfer error and accept full institutional responsibility.
We are prepared to cover all legal costs incurred by Mrs.
Calloway in any proceedings related to this matter, up to a specified ceiling."
"What ceiling?" Patricia asked.
Sloane named a figure.
Patricia wrote it down without reacting.
"We are also prepared," Sloane continued, "to provide a full written account of the error to any court that requests it, confirming that Mrs.
Calloway bears no fault and that the error occurred entirely within our facility's procedures."
"That's useful," Patricia said.
"What are you asking for in return?"
Sloane glanced at Dr.
Harmon.
"We're asking that Mrs.
Calloway not pursue a separate negligence claim against the clinic beyond the covered costs."
I leaned forward slightly.
"You want me to sign away my right to sue you."
"We want to reach a resolution that—"
"You made an error that may cost me my daughter," I said.
"And you want me to agree not to hold you fully accountable for that."
The patient liaison director opened his mouth.
"Don't," I said.
He closed it.
"My client will review the written proposal," Patricia said, standing.
"We'll be in touch within the week."
"Mrs.
Calloway." Dr.
Harmon's voice stopped me at the door.
"For what it's worth — I reviewed your file personally.
You have been a patient of this clinic, in one form or another, for over forty years.
What happened was a failure on our part.
A serious one.
I am genuinely sorry."
I turned around.
"Then tell me this," I said.
"Did you contact Diana before or after you contacted me?"
He hesitated.
Just a fraction of a second.
"We contacted Diana first," he said.
"By approximately eighteen hours."
I held his gaze.
"She had eighteen hours to decide what she wanted before I even knew there was a question," I said.
"Remember that when you're calculating what your apology is worth."
I walked out.
In the elevator, Patricia said nothing until the doors closed.
"The legal cost coverage is real," she said.
"The liability cap is negotiable.
And the written acknowledgment of fault is more valuable than the money."
"Why?"
"Because if this goes to a custody hearing, a document from the clinic stating that the error was entirely their fault and that you are a blameless party is something a judge will read." She looked at me.
"It doesn't decide the case.
But it removes one weapon from Diana's attorney's hands."
The elevator opened.
"She already has an attorney," I said.
It wasn't a question.
"She retained one this morning," Patricia said.
"Her name is Bridget Crane.
She's good."
We walked out into the afternoon light.
May you like
"How good?" I asked.
"Good enough that we move quickly," Patricia said.