to stay at home under the care of his parents − that the number would be sub- stantially more if, God forbid, something happens to his parents and he has to be placed in an institution. And you saw how the economist arrived at $2,900,000 for lost income and medical expenses for Bobby up to age 21, with $106,000 a year additional for every year thereafter. But the Judge will also tell you that justice requires that Bobby be compensated for his pain and his suffering as well. You saw him on the video, interacting
with his family; that look of contentment when his twin sister, Alysha, combed his hair; that devilish look on his face when he refused to take the food; that smile when his father came home. You saw him here. At that moment when he cried out and his mother rushed to his side, I would have stopped her if I could have, because in the context of a court case, it was not appropriate. But she acted in- stinctively as any mother would, rushing to her child’s side. At that moment you saw him straining toward his mother. Bobby can communicate, but only with his eyes. He may be retarded, but there is an aware person within that helpless body. A little boy trapped in a body over which he has no control. Can there be a greater pain? What does it mean for a child to have
gone through four years of life, never to have known how it feels to run, walk, or even crawl? Never knowing the magic of turning on a light switch or reading a storybook on his own? Under our legal, ethical, and moral system, Bobby is entitled to recover for all of his suf- fering − all of the emptiness − all of the instability that he will have from now until his last day on this earth. And so as jurors, you must ask: What
is life going to be like for Bobby 10, 25, 50 years from now? He will never feel that combination of excitement and independence of the first day of school. As Alysha proudly goes off, he will sit home in his chair. He will never experi- ence the indescribable, once in a lifetime sweet torture of first love. He will never know what it means to get married, to hold a child of his own in his arms, to
Spring 2008
live a full life as will his twin sister Alysha. I am not asking for pity, but as Bobby’s attorney I have the responsibility to try to show what life is going to be like for this little boy; this innocent victim of malpractice. Because to do justice, it is your responsibility to see to it that he is fully, adequately, and properly compen- sated. For that reason, the stark, hard, unvar-
nished truth must be spoken here. Mr. and Mrs. Harris, I am sorry for having to say this in front of you, but the truth is that Bobby’s will always be in a dreary, dismal and dark world. The only flicker of light left to him is that which you, as a jury, can bring to him through your verdict − through granting him justice. Not just by ensuring that he has access to any and every resource that is now or may possibly become available in the future that can make his life the slightest bit easier or more comfortable, but by your verdict you say to this little boy and his family: “We recognize the enormity of this tragedy. We recognize that the life of Bobby Harris has value.” I truly envy you having the ability to bring that
light. I do not envy you having to place a figure on that aspect of the damages. But, in order to do justice, you must. It is true that money will not give this little boy the life so unfairly taken from him just 35 minutes before his birth. It is true that money will not get him out of a wheelchair and allow him to walk and run like other children. It is true that money will not eliminate the pain and frustration that will now be his life-long companions. But it is also true that money is the only form of justice that our system allows. At least give him that. My road ends here. After two years,
I can take Bobby no further. The final step on that journey is now yours. As I entrust Bobby to you, as my responsibil- ity to him ends, I want to leave you with a story that my father used to tell my sisters, my brother, and me as we were growing up. My father came to this country from
Europe. He used to tell us that in his vil- lage there was a wise and respected rabbi to whom people would come for advice and answers to all manner of questions.
“who has the better lawyer.” —Robert Frost
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“Ajury consists of twelve” persons chosen to decide
Trial Reporter
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