Sam Calls Three of The Plaintiffs

Day 78

Sam called several experts to quantify the losses. Two therapists described an amputee’s limitations.

Sam had determined to put three of the amputees on the stand to conclude his case. He selected Maria Salam, an RBK, Kathy Seneft, an LAK, and Julie Pierce, an LHD.

When court opened he stood. “I call Maria Salam to the stand.”

Maria was wearing her BK peg leg prosthesis. Her gait was steady but obviously altered. Ten minutes of questioning centered around her amputation and how it impacted her life. When Sam finished Goldstine declined to cross but reserved a right to call her later.

Sam called Julie Pierce. She was wearing her cosmetic prosthesis. Her gait was very much like the therapist described. Again there was a short direct and no cross. With that Sam called Kathy Seneft. Kathy came to the witness stand on her crutches. She was wearing a short skirt. Her bandaged stump was only visible when the skirt lifted slightly as she crossed the room. She was seated and sworn.

Sam walked to her. “Mrs. Seneft. How long have you been an amputee?”

“Just over five years.”

“Can you tell me how that happened?”

“Two weeks before Thanksgiving of my sophomore year in high school I started having pain in my leg. It was really bad at night. By December fifth I couldn’t sleep without taking several Ibupropin before going to bed and several more about two AM. I went to the doctor. He had me go for an x-ray. When it came back with a spot on the lower half of the femur, he scheduled the first biopsy and sent me to Dr. Klemek. When it came back Sarcoma he recommended a just above mid thigh amputation. My parents asked for a second test. Because we lived close to Mercy, I was sent there. The test came back Osteoma which is benign. The recommended treatment was injections into the bone.”

With this conflict what did you do?”

“I was sent for the third test, it came back Sarcoma. Dr. Klemek and my primary care both strongly recommended the amputation. I had the surgery on December twelfth and was home from the hospital the day before Christmas. The blood tests after surgery indicated I did not need chemo.”

“So you had the surgery in spite of one test that indicated benign?”

“The doctors told us the kind of cancer was one that quickly moved to the lungs and killed the person. My dad said he wanted me alive and I went for surgery.”