DMI Blog

Ezekiel Edwards

The Man Who Couldn't Smile

As I left the bodega on 161st Street last week, lunch in hand, I ran into a former client and his friend. His friend had some questions for me, so he accompanied me a few blocks back to my office.
"I want to sue the hospital," he said.
"Why?" I asked.
"Because when I was there last month for chest pains, they gave me some injection, and now I can't smile."
"You can't what?"
"Smile. I can't smile. I try, but can't do it. See, watch ..."
We turned and faced each other as he attempted to form a smile. His eyes narrowed slightly, his upper cheeks moved almost imperceptibly, but his lips remained horizontal, elongating slightly, but with no upward turn at either end. If that was the best he could do, he was right: he couldn't smile.

We waded through the desperate din of the methadone clinic to our right, continuing past an empty, brick-filled lot that, until recently, had been a parking garage. Beyond the cement-cracked yard sat a former supermarket, now partially torn down, its shredded "Grand Opening" sign still visible. Across from the lifeless rubble rose a cluster of bleak concrete apartment buildings, which looked like an unfortunate architectural marriage between Soviet bloc and American prison.

We passed a heroin addict going through withdrawal followed by an overwhelmed mother cursing at her children, none older than six. As we walked, our feet avoiding the ever-present litter of the sidewalk, the man said to me, "I may not be able to smile, but I sure as hell can cry."

We neared the front door to my office, a former banquet hall that, once upon a time, was a popular hangout for Joe Dimaggio, the great centerfielder for the New York Yankees. I tried to imagine the restaurant back then, the music being played, how these Bronx streets appeared 60 years ago, but the cacophony of a nearby police siren and the thunderous bass of a hip-hop song from a passing car yanked me back to the present.

"What you're talking about is a civil suit against the hospital," I said to the man. "I only do criminal defense, but we have civil lawyers in our office who could talk to you more and point you in the right direction. Here's my number. Give me a call later this week."

As I handed him my business card and we shook hands beneath the relentless summer sun, I saw his eyes squint, his cheeks bunch up a little, but his stubborn lips refused to bend.
"Good luck, and I hope you get your smile back."
"Me too," he said, shaking his head and sighing. "Because heaven knows that I don't want to go through the rest of my life without smiling."

As I entered my office, he continued walking down the street, careful to avoid the broken glass from a shattered car window scattered across the asphalt.

Posted by Ezekiel Edwards at August 1, 2006 08:25 AM

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Comments

Thank you for sharing this story. The civil justice system is very challenging to deal with (just ask DMI Civil Justice Fellow Cyrus Dugger) and I wish your former client the fortitude he will need to go through all of this. Sad.

Posted by: Elana | August 1, 2006 10:40 AM

Wow. Thank you this is an excellent post. It's graphic and it tells the truth in all its ugliness. This is why fighting is the only hope we can ever have for change.

Posted by: The anonymous political operative | August 1, 2006 10:54 AM

Ezekiel, that is one intense story. Good luck to this man you met.

Ezekiel and Cyrus: Could you do a post summarizing the major laws that have been passed in the last 5-10 years, and the laws which the business and insurance lobbies are trying to push through over the next few years, to limit our abilities as citizens to sue when injured by products, and by malpractice?

A point by point list of what has already happened and what is going to happen would be great.

Posted by: Ella | August 1, 2006 11:13 AM

Hi Ella,

An overview of every law would actually take years to thoroughly research. What is more possible is an overview of the TYPES of laws. I will start putting this together and do a blog post or comment in the near future.

Cheers,
Cyrus

Posted by: Cyrus | August 1, 2006 07:36 PM

I entend on posting every day so watch for me although I am sure this group will stop it some how. I find this website to be full of nontruths. I called them yesterday the secretary could not answer my question so had to ask another person there in the office. When I told her how that answer was false in a nice calm manor and that I wanted to speak to some other person who could give me answers she said they were all at lunch...WOW that quick they left with in 1 minute! I tried to call every person on the website and also their cell phones (which they provided the #s), I left my name and phone #s and 24 hours later they have not called back. I called for about 2 hours and still no one answered??? I am sure they recieve a paycheck but this is must be a nonprofit orginazation/tax exempt. WAIT they want tax cuts rolled back??? The tax cuts they themselves utilized. If you think the Government should get more tax $s them WHY DON'T YOU JUST GIVE IT BACK????? You DO NOT HAVE TO KEEP IT!!!! As my late father always said "Liberals are not in my back yard kind of people."

Posted by: sandra | August 2, 2006 01:17 PM


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