Chapter 34: Full Of Sound And Fury, Signifying Nothing

September 15, 1986, McKinley, Ohio

“Hi, Mom,” I said when I called Mr. Winston’s office.

“Hi, Mike. Mr. Winston called about five minutes ago. He has the TROs, but he had to file suit against Dean Parker and Melissa Bush to obtain them. All the filings are under seal, so nobody can see them, and he’ll delay service until after Melissa meets with the dean at the medical school.”

“That sounds dangerous,” I said.

“Mr. Winston will come by the medical school at noon so the two of you can speak with your dean. They’re not doing anything until you confirm the TROs, right?”

“Right.”

“He said to tell you that there is no way to lose here, and the judge is extremely upset with Janice Parker.”

“I bet,” I said. “But I’m still concerned.”

“Me too, Mike. Meet Mr. Winston in front of the medical school at noon.”

“I will. Thanks, Mom.”

We said ‘goodbye’ and I hung up, then joined the others for coffee before returning to our Organ and Body Systems class. I had a tough time concentrating, but I still managed to take decent notes and answer the question proposed to me by the professor. When class let out, I hurried to find Mr. Winston, and we went to a small, empty study room.

“Did your mom tell you what happened?”

“About the civil suits, yes. I’m worried about those.”

“Please don’t be. They’re going nowhere, and if, by some chance, they do, Janice Parker will settle, and we’ll accept $1 in exchange for a bond of a million dollars should she so much as mention your name in the future. And yes, that would stand up before Judge Nixon. I was permitted to file under seal because this touches on the Family Court case, so until I serve Janice Parker and Melissa Bush, all that exists is a sealed docket entry.

“Our strategy is simple. We speak to your deans, they let Melissa know that you have a TRO, of which I have copies for them, and say we’ll drop everything if she withdraws the complaint. If she doesn’t, then we move forward, and, among other things, the TRO goes on her permanent record here at the school. If I understand the situation correctly, that would be the end of her medical career because she’ll have violated the oath you took.”

“What prevents her from making the accusations public?”

“To be honest? Nothing. She’d be punished, and possibly receive jail time, but that obviously won’t stop her from saying it. It’s rare, but knowingly and intentionally revealing matters which are under the seal of the court can result in up to thirty days in jail. There might also be actions against her by the Family Court because, as a medical student, she is required to follow all rules, regulations, and statutes about disclosing information about a minor.”

“To protect Liz, not me.”

“Yes, but that’s the angle we take. I represent your sister in this matter as well. I spoke to her before leaving for McKinley. But the key is, all of this goes away if Ms. Bush withdraws her complaint. And she will, I’m sure, because the risk is too great.”

“All things being equal, I agree. But what happens in March when she doesn’t Match and doesn’t get hired in what’s called the ‘Scramble’ for students who aren’t selected for Residencies? Clarissa believes Melissa will go public with an accusation that I actually did sleep with her in exchange for helping her.”

“In that case, all I can say is that it’s the word of a disgruntled, disgraced, failed medical student who has a history of bigotry and making false statements against a fellow student who is at the top of his class and has an impeccable reputation.”

“She’ll scream ‘cover-up’ and claim she was forced to withdraw the complaint.”

“Entirely possible, and the medical school will fight that.”

“And it will create havoc at church and with my wife.”

“I don’t see any way around this if Ms. Bush is determined to make the false accusations public. All you can do is stand on your reputation and the testimony of your friends, fellow medical students, instructors, and doctors.”

“Swell,” I sighed.

“You’ve told me her history, and we know the history of her family. Even the most salacious reporter on the beat is going to take one look at this and know immediately who is on the side of the angels, as it were. But that’s in the future. Our goal now is for the dean to convince Ms. Bush to withdraw her complaint. We’ll deal with the fallout later.”

“OK,” I said with resignation.

“We’ve managed this so far, Mike. Remember, in the end, there is nothing in any official record, and anyone who investigates will not find your name in ANY database which is accessible to the public or the press.”

“Oh, I know, but too many people know about this now. And it all started with Doctor Orosco leaking the file to Dean Parker.”

“We may need to take action in that regard, but I’d advise against it right now. We don’t want ANY official notice of what’s going on, which is why I’ll dismiss the suits and have the TROs quashed, if Ms. Bush agrees to withdraw her complaint.”

I nodded, and we got up and went up to Doctor Mertens’ office. She was eating lunch at her desk, but was expecting us, so we were shown in. Mr. Winston quickly explained what we wanted, and, as I expected, Doctor Mertens agreed.

“OK. I’m going to ask Ms. Bush to meet with me tomorrow morning before her shift. I will explain that I spoke to an eyewitness who corroborates Mike’s version of events, and that based on that, advise her to withdraw the complaint, because if it’s officially found to be false, she’ll be expelled immediately and the Medical Licensing Board will be notified of her ethical violation. How quickly would you dismiss the suits?”

“I can be in front of the judge at 1:00pm tomorrow. I do have to put you on notice that if this information is leaked in any way, I will have to begin proceedings against the medical school to protect my client’s reputation. I hope you understand why that is.”

“I do,” Doctor Mertens said. “And Doctor Warren has instructed me to work with Doctor Worth to make sure that does not happen.”

“Then we’ll leave you to your lunch,” Mr. Winston said.

We left the office and walked down the hallway before I stopped and turned.

“Did you really have to threaten them?”

“Ethically, I am obligated to defend you to the best of my abilities in the best way I know how, guided, of course, by your instructions. But she knew. And obviously, Doctor Warren knew. So, really, I was just confirming what they were already sure was going to happen.”

“I still don’t like it.”

Mr. Winston chuckled and nodded, “The same thing you’ve said repeatedly for the past four years, and despite that, I haven’t lost yet.”

“For which I am eternally grateful.”

“So, then, you learn how to be a great doctor, and when I need you, I’ll rely on your expertise, and take the medicine or treatment you prescribe, even if I don’t like it!”

Now it was my turn to laugh, “Touché.”

That evening, on the advice of Father Nicholas, I called Vladyka JOHN.

“I believe you, Mike,” he said when I finished explaining what had happened, though leaving out the accusations with regard to Liz. “Let me ask this — were you ever in a situation with this fellow student to which your wife would object?”

“My wife objects to me being within ten feet of any woman except those in my study group and our close circle of friends, all of whom she has personally vetted for appropriate behavior and thoughts!”

The bishop laughed softly, “Yes, I can see that. How about reasonably object?”

“She has two reasonable objections, at least from her perspective, but ones I cannot avoid. The first is observing, and eventually treating, female patients in, uhm, intimate areas.”

“You mean exposed or touched genitals, I assume?”

“Yes. I fully understand Elizaveta’s discomfort with that, and, for the most part, working in the ER, that will be somewhat rare. But during my OB/GYN training, it’ll be an everyday occurrence. As I said to Matushka, it’s purely medical, not sexual, in nature.”

“I am no expert in the field, but I can’t see any way you could avoid that, as it’s part of your training and eventually you might be called upon to do those things in the ER. What’s the other objection?”

“Co-ed locker rooms. Nobody is naked, and the showers have doors or curtains, but there are times when men and women are changing clothes together, and are seen in their underwear. It’s standard for hospitals from everything I’ve seen and heard.”

“That’s a bit of a stickier wicket, as they say. I don’t doubt you, and I won’t give you instructions that violate the norms of the hospital, but you want to be very careful about situations like that. How about your day-to-day work?”

“There are other times when I have to work closely with females, but we’re never alone in any private place. I’ve discussed my study group and my work with Doctor Gibbs with Father Nicholas, as well as my meetings with the female deans, and I’ve followed your protocols about keeping doors open, and so on, though this morning Doctor Mertens had me shut the door for obvious reasons.”

“The key is maintaining decorum and keeping a proper distance.”

“When I’ve had lunch with female friends, I’ve made absolutely sure it was in a public place and that we sat on opposite sides of the table.”

“A good practice. It’s far too easy to fall into temptation if we aren’t careful.”

“Something about which I am keenly aware.”

“Whatever may or may not have happened before you married is covered by your confessions to Father Nicholas and is of no account. What happens NOW, on the other hand, is very much my business.”

“There have been no slip-ups, Vladyka. Not even minor ones.”

“Let’s keep it that way, shall we? All of us need to hold each other accountable, lest we have a repeat of that nasty business both at the cathedral and at Holy Transfiguration which occurred before I was enthroned.”

“Which is, at least in part, why I called. May I switch topics?”

“I believe we’ve covered the other one sufficiently, and hopefully this thorn in your side will be taken from you.”

“I hope so! What I wanted to say, and this actually touches on what you said before about past sin being of no account.”

“You may stop right there, Father Deacon. The accusations were made, and confirmed, but Father Nicholas also confirmed that you had confessed and repented before you became betrothed to Matushka. I am handling that situation you’re referring to, together with Father Nicholas and Father Alexi, and you have no need to worry.”

“Thank you, Vladyka.”

“Let me further allay your concerns by saying you are not alone among the clergy and hierarchy to have engaged in behavior of which the church does not approve before you were ordained.”

I almost laughed, because the bishop had just subtly implied that HE had done the same thing before becoming a celibate priest. I’d had a suspicion about Bishop ARKADY given his baseball playing and hints from my grandfather about girls, but it had never been confirmed, and wasn’t really my business in the end.

“Thank you, Vladyka.”

“Please let me know when this is resolved. And be careful about the locker rooms.”

“I will.”

“Then, the Lord bless you, Father Deacon.”

We said ‘goodbye’ and I hung up, then went to rejoin my study group.

September 16, 1986, McKinley, Ohio

“Just walk right past her, Petrovich,” Clarissa instructed on Tuesday morning.

Melissa had come out of the building just as we reached the edge of the parking lot, and we’d pass on the walkway. I kept walking, and being to the right of Clarissa, Melissa would pass on our left, with Clarissa between us. I got what could only be called a ‘death glare’, but nothing was said and Clarissa and I went into the building without incident.

“If looks could kill...” Clarissa observed quietly.

“I think you and Peter will need to remove the dozen or so daggers she looked into me!”

“A dozen? I was thinking a score, at least! And here comes Doctor Mertens, right on schedule.”

“Get me coffee, please, Lissa. Bring it to class.”

“Will do!”

She continued to the cafeteria, and I walked over to meet Doctor Mertens. As expected, she asked me to come to her office, and when we got there, Doctor Warren and Doctor Worth were waiting.

“We’ve had a hectic twenty-four hours,” Doctor Warren said. “We spoke with your attorney, our legal counsel, the attorney who represented Ms. Bush, Taft’s legal counsel, and, as of this morning, Ms. Bush. Your attorney complicated things a bit by threatening to involve the medical school, but as both our counsel and the counsel from Taft stated, Mr. Winston was obligated to put us on notice to protect you.

“Ms. Bush has agreed to withdraw her complaint, and all references to it will be destroyed. Your attorney will, once we call him, dismiss the lawsuits against Ms. Bush, and ask for the TROs to be dissolved. Ms. Bush has agreed to not have any contact with you, and you should have no contact with her. Doctor Mertens will ensure you are not on the same shifts at the hospital. If, by some chance, there is a professional situation which requires interaction, please follow the medical ethics and complete the interaction, but ensure there is at least one other person to witness the encounter.

“There will be nothing in your file about this, and the notes I’ve made from our inquiries will be in the custody of our legal counsel, and would only be used should Ms. Bush bring actions against the medical school, which everyone agrees is very likely once she fails to Match and is not hired during the Scramble.

“And to allay your fears a bit, there has never been a successful lawsuit against a medical school or teaching hospital for a graduate’s failure to secure a Residency, either in the Match or afterwards, and medical schools defend those suits aggressively. If you aren’t aware of the statistics, nationally, between five and ten percent of students do not Match and have to Scramble. Our numbers are towards the lower end — just under six percent fail to Match, and about half of those fail to find a Residency in the Scramble. We’ve been sued twice and won both suits.

“The bottom line, and I’m asking you to keep this conversation confidential, is that better students than Ms. Bush, with no disciplinary actions, have failed to Match for one reason or another. What that means, according to our counsel, is that any action she brings will be aggressively defended by us, including paying your legal fees, if there are any. We’ve made your attorney aware of that.

“So, for now, please just confirm for your attorney that he can dismiss the suits and dissolve the TROs, and continue to do the excellent work you’re doing. When the Match results are handed out, we’ll deal with any fallout. But, honestly, she can’t really take any action until the Scramble is completed on Thursday of Match Week. At that point, we’ll deal with the fallout, if any. Does that sound agreeable?”

“If Mr. Winston is in agreement, yes. May I ask what goes on Melissa’s record from this?”

“Nothing. That was part of the agreement. But, if she raises it again, at any point, in any way, a notation will be made that she has made false statements in violation of the medical school ethical code and she’ll be subject to immediate expulsion. I’m speaking a bit out of school here, but I trust you to keep this to yourself out of self-interest, if for no other reason, but what is already in Melissa’s permanent record is enough to block her from securing a Residency.”

“We’ve got your back on this, Mike,” Doctor Worth said. “And to be clear, I have no clue what it is that was alleged in your past, and don’t want to know. What I do know is that your background check was literally spotless. I do have to ask how an Ohio teenager who bought a Mustang at sixteen avoided speeding tickets?!”

I laughed, “My best friend, who is now in law school, had the lead foot. SHE got enough tickets to cover both of us!”

The three doctors laughed.

“You have time to get to class, Mike,” Doctor Mertens said. “Go ahead, and I’ll call your attorney to let him know that we worked everything out, and you can call him on your break to confirm.”

“Thank you,” I said. “I appreciate it.”

“Just keep up the good work,” Doctor Mertens said. “There are plenty of potential hazards on the way to licensing.”

“No kidding,” I replied flatly.

“This will pass,” Doctor Worth said.

“Like a kidney stone,” I replied.

He laughed, “I can see your point. Anyway, the three of us are here for you at any time.”

“Thank you.”

I left Doctor Mertens’ office and hurried to class, sitting down just as it was about to begin.

“OK?” Clarissa asked quietly, handing me my coffee.

“At least for now,” I replied.

I took the coffee, set it down, got out my notebook and pencil, and prepared to take notes. At our first break, I called Mr. Winston and confirmed I agreed with the plan, and promised to contact him if Melissa even said ‘hello’ to me in passing.

“Mike, stop in and see Doctor Gibbs,” Nate said when I arrived at the hospital on Tuesday afternoon.

“OK.”

He buzzed me in and I went to the locker room, and thankfully, did not run into Nurse Ellie. Once I had put my ryassa in the locker and put on my medical coat, badge, and stethoscope, I locked the locker and went out to the nurse’s station, then to Exam 2, to find Doctor Gibbs.