Half Title, Title Page, Copyright, Dedication

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Contents

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pp. vii-vii

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Preface and Acknowledgments

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pp. ix-xii

Joe Salgado’s funeral in 2008 was on one of those rare August days when New Jersey was pleasantly warm instead of suffocatingly hot. Saint Joseph’s Church in Raritan was packed, so his old friend, Eric Weinberg, stood in back. The priest and Joe’s children told the mourners how Joe had gotten on his knees every morning to thank God for His blessings. ...

Note on Text

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pp. xiii-xiv

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1. Liquid Gold

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pp. 1-11

Delano Boudreaux woke to the sound of men cursing and the smell of wet, stale sweat. He didn’t want to open his eyes. Just a few more seconds, he said to himself. A few more seconds and I’ll get up, before the guards come. ...

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2. Beginnings

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pp. 12-21

From the start of his career, Eric Weinberg had the notion that he would be the kind of lawyer who made a difference. Fresh out of Boston University School of Law in 1980, he vowed that there would be no corporate fat-cat clients for him. He would help regular people with real problems. ...

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3. How Could It Happen and Nobody Did Anything Wrong?

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pp. 22-31

It was June 21, 1991, at exactly 1 P.M., when Andrea Johnson and her daughter, Jaime, walked into Weinberg’s life.
As he went to his office foyer to greet them, he saw that Andrea relied on a cane and her teenage daughter’s arm for support. Andrea looked almost too frail to handle the few stone steps outside his office. ...

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4. A History Ignored

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pp. 32-46

By the fall of 1991, Weinberg had three hemophilia-related clients. After Andrea Johnson came Ron Niederman, a married father of two sons. Niederman owned an electronics repair shop in Milltown, not far from Weinberg’s office. He had suffered the debilitating effects of severe hemophilia, ...

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5. Digging In

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pp. 47-57

By the end of 1991, Weinberg had filed three separate lawsuits—on behalf of the Johnsons, Niedermans, and Weisses—in Middlesex County, New Jersey, his home county. Middlesex was a good place for a plaintiff’s lawyer. Juries were typically blue-collar and included people of color, both known to be favorable to plaintiffs. ...

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6. Reaching Out

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pp. 58-69

Weinberg called Joe Salgado in February 1992, not long after telling the corporate lawyers to stick their ten-thousand-dollar settlement offers, and briefed him on what was happening. Salgado was president of the Hemophilia Association of New Jersey (HANJ), which was among the best organized, independent, and forward thinking of the state hemophilia ...

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7. Help Wanted

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pp. 70-79

Weinberg met with Garruto and Galex a couple of times in July 1992 to update them on his research and, he hoped, develop a preliminary partnership agreement. He kept them informed of the progress he was making in signing up clients and identifying expert witnesses. To Weinberg, their discussions felt comfortable, but August came and went with no agreement. ...

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8. All for Business

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pp. 80-93

Weinberg had been vetted by the Hemophilia Association of New Jersey and hired by nearly twenty hemophilia families, and he was becoming known by activists as a lawyer with some credibility, or at least a lawyer worthy of the benefit of the doubt. But the community’s distrust of lawyers and others was entirely justified. They felt they also had been deceived by the government, the companies, ...

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9. Somewhere Here, I Have the Documents

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pp. 94-105

After his interviews with Drs. Aronson and Schimpf, Weinberg knew he had to find an expert to say that a process to kill viruses could have been commercially available in 1980 if not earlier. He had been thinking about how to pursue the lead Michael Rosenberg had given him about Edward Shanbrom, who had been the medical director at Baxter-Hyland, ...

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10. More Lawyers, More Experts

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pp. 106-121

Weinberg’s interviews in California were almost done. He had one more to go, with an old friend and client. His journal entry for March 2, 1993: “Again, after two-plus years, at Wilma’s on Balboa. I’ll see Patrick in a while. Time to get my ducks in a row. Really tough; pitfalls at every turn. Francis will help, but is he the saint he seemed to be? ...

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11. A Meeting with Roger

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pp. 122-136

The 1993 baseball season was well underway. The Yankees were looking pretty good so far, although their pitching was suspect. But with guys like All-Stars Don “The Hit Man” Mattingly, Paul O’Neill, and Bernie Williams in the starting lineup, they were a threat at bat and on the fi eld. You could never count them out, certainly not this early. ...

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12. An Act of Man

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pp. 137-151

It was the dog days of August, and the 1993 baseball season was peaking. The Mets, going in the other direction, were sinking toward what would be a last-place finish in the National League East. Weinberg thought of Roger, the ever-faithful fan, his Mets cap set crooked on his head. ...

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13. The Trouble with Torts

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pp. 152-163

The tort reform movement, long a contentious political issue in the United States, aims to sharply reduce the numbers of civil lawsuits. As described by John T. Nockleby and Shannon Curreri in a 2005 law review article: ...

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14. I Murdered My Child, But Not Alone

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pp. 164-178

If hemophilia-HIV families and activists feared that the year-long investigation by the federal government’s Institute of Medicine (IOM) would be mere bureaucratic window dressing, the IOM took full opportunity to remedy that situation on September 12, 1994. From all over the United States and Canada, ...

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15. Of Sheep and Men

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pp. 179-201

The majestic, wood-paneled courtroom in Chicago was filled with lawyers and nearly one hundred hemophiliacs and their families from across the nation. It was January 30, 1995, and three judges from the Seventh Circuit Court of Appeals had a momentous decision to make. ...

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16. A Failure of Leadership

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pp. 202-212

Thanks in large part to the efforts of Senator Lynch, Elena Bostick, Joe Salgado, Ron Grayzel, and a fully involved activist community, the statute-extension bill made it through the New Jersey State Senate and Assembly, each of which approved it overwhelmingly. By the last week of June 1995, the final hurdle was for the bill, now known as the Blood Products Relief ...

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17. From Prime Chuck to Dogeza

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pp. 213-232

The first week of 1996 opened with a monster blizzard that dumped more than two feet of snow in New Jersey. It was so bad that the state’s blood centers issued urgent appeals, saying their supplies were at critically low levels because of the recently ended holiday season, a flu outbreak, and several December snowstorms that had forced them to cancel dozens of blood drives. ...

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18. Endings

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pp. 233-252

After Dr. Aronson proved less than effective in his deposition for the JKB case, industry lawyers knew they had to come up with another FDA expert. Until then, he had been part of a very effective one-two punch. First, Dr. Aronson would tell juries that the FDA knew what the industry was doing and approved of it, ...

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Epilogue

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pp. 253-262

The line can form as early as 5:30 A.M. outside the Interstate Blood Bank on Broad Street in North Philadelphia, even though it doesn’t open for another hour. The center, which pays its donors, is located in a rundown, what you might call in-between section of the city: too far north to be part of fashionable Center City, home of the law firm of Shrager, Spivey & Sachs, ...

Notes

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pp. 263-274

Index

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pp. 275-286

About the Authors

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