Outlaw s01e06 Episode Script
In Re: Tyler Banks
They can drag us away, but they can't hide from that fact that kids are dying.
Justice Garza, Theresa Kang from children's light.
We're child advocates based in Miami, - and we're here because - We're running late, so I'm sorry.
Each body on the ground represents a foster child in desperate medical need.
If I could just get five minutes from you, please You're not gonna get anything with the camera in my face.
We're protesting because hospitals like the ones inside kick children off organ transplant lists simply because they're in foster care.
These kids are dying, and no one's protecting them.
She's okay.
She's fine.
You have 15 floors to make your case.
Hundreds of foster kids across the country need organ transplants.
Yet hospitals are removing them from waiting lists because they're deemed too high a risk for organ rejection.
I thought there was a national organization that controls the list.
Unos gives hospitals discretion over which of their patients get priority.
Why pick on foster kids? Because most of them don't have stable homes where they can receive post-operative care.
Right.
Well, hospitals do have tough choices to make.
The choice they're making is to sentence these kids to death.
Try that.
- All right.
- I'm raising.
- This guy - You afraid to bet? All right, here we go.
How 'bout this Tyler Banks is number one on greater Miami's waiting list for a new liver number one.
But he's also in foster care, so the hospitals don't want to give it to him.
Full boat, baby.
This kid is a hustler! Whoa.
Excuse me.
We'll see what we can do.
If Tyler doesn't get a transplant, he'll be dead in two weeks.
Please.
He's only 14.
That was entertaining.
Cyrus, hospitals don't kill people, they save lives.
Hello.
How are you? Great to see you.
Nice slogan.
Hospital lobby definitely gets its money's worth.
Seriously, Cyrus, why do I even bother with you? I have no idea.
Maybe you should ask Glenn.
And here we have the heartbeat of the operation.
Close to the caffeine.
You got your Wifi.
Um, oh Over here this general area here is where I make the magic happen.
What to you think? - It's fine.
- That's it? Trying to show you where I work, and that's the best you got"Fine"? You're working out of a house.
A house that can only be described as nouveau riche meets divorced airline pilot.
Honestly, who still has a pool table? I love the pool table.
And where is your office? Do you have to share an assistant? Does Garza even give you a 401k? We're still working out the kinks.
You can't be happy here.
Which is why I want to help you.
What do you mean by "help me"? The head of our litigation department is retiring, and the firm's throwing a big party this week in his honor Your firm.
The firm that already turned me down.
I've kept you on their radar, and trust me, they're interested.
So if these kids are dying, how come I haven't heard about this until now? Well, the transient nature of foster kids, medical confidentiality, deference to hospital policy.
All that makes it impossible to get a national statistic.
But we've contacted agencies across the country.
They've confirmed that kids are being removed from transplant lists just because they're in foster care.
I have a friend who works for the children's law center of L.
A.
She says that in her jurisdiction alone, four foster kids died in the past five years just because they couldn't get transplants.
That means that we are going to Miami.
Awesome.
I'll make a few more calls, attach some more plaintiffs, and have ourselves a class action.
No class actions.
We're not gonna put - the medical community on trial.
- Why not? Because the big-picture challenge takes time.
Time that Tyler Banks doesn't have.
Let's save a kid who has less than two weeks to live before we go and mount a crusade.
Eddie, ah.
Pack your bags.
Road trip.
Bethany.
Oh, right.
Um, the thing is, uh This week is our three-year anniversary, so we have a special dinner planned.
Oh, that's so nice.
Where you guys gonna go? Somewhere here in Washington.
No worries, Ed.
We're actually going to talk, not litigate, so you and Lucinda can guard the fort.
Remember him? He's a child-molesting scumbag.
Of course I remember him.
He broke into one of our field offices and stole some information.
He knows your name and your involvement with his daughter.
He's gonna come after you.
He already has.
He attacked a friend who was driving my car.
- We have to move the girl.
- No, we don't.
- You know the policy.
- Screw the policy! She's safe, she's in a good home, and for the first time in her life, she's happy.
I'm not gonna let him change that.
I want you to meet justice Garza.
He used to sit on the Supreme court.
Are you from the make a wish foundation? - Definitely not.
- Good.
'Cause I asked to meet Albert Pujols, and it'd be totally messed up if they sent you instead.
- No offense.
- None taken.
- Except that I'm a Pirates fan.
- Sucks for you.
Tell me about it.
We're lawyers, Tyler.
We're here to help.
This is about the hospital wanting to take you off the transplant list.
And we're gonna try to keep that from happening.
I asked for a wish, not a miracle.
I'm not getting a liver because no one wants to adopt me.
All right? I get it.
I'm sick.
- I wouldn't want me either.
- Don't say that.
Why not? It's true.
Viable organs are scarce resources.
I have to make decisions that will maximize successful transplants.
We understand that, but Unos did put Tyler on top of the transplant list because he was the sickest.
Well, Unos understands that patients need a stable setting in which to recover, and sadly, foster children don't have that.
Well, if the choice is between letting kids die or stable settings, you should find the settings.
Tyler's not gonna be adopted.
At best, he's gonna age out of the system when he turns 18.
At which point he'll be able to take care of himself anyway.
33% of the foster kids who age out become homeless.
62% are unemployed.
These are not people that can follow a strict post-operative regimen.
Doctor, if Tyler doesn't get this liver, he's gong to die.
And if he does get the liver two people are gonna die Tyler, when he rejects it, and he will, and the patient I should have given it to in the first place.
I appreciate your concern, justice Garza, but it's my call.
I want an injunction filed to keep Tyler on that list.
That kid is getting the transplant.
So much for not litigating.
What can I say? I am a sucker for a good crusade.
The judge we drew is up for re-election.
She's been endorsed by the pac for the Florida hospital association.
- Really? - Yeah, really.
- You made me lose count.
- Cyrus, we're challenging the hospital's need to determine patient care in front of a judge who's bankrolled by hospitals.
Which I why I need to count the steps.
I get to the top of the staircase on an odd number, I never lose.
Yeah, at a poker tournament.
Did you get the DCFS? Yeah, I got his work load right here.
Tell me this is the one teenager in foster care who is easy to place.
- Short answer, no.
- Long answer? Hell no.
Been in five homes since his old lady O.
D.
ed.
Fought so bad in four the cops had to come.
And then when he got sick, he got kicked out of home number five.
If getting Tyler adopted is how we get this win, you're gonna need more mojo than you can generate by hitting an odd number of steps.
That was Theresa.
A drunk driver in Tampa hit a car full of teenagers.
There's a 18-year-old on life support.
Which I just said that like that was a good thing.
- How sick is that? - No.
Is she a match for Tyler? Yes.
The family's trying to decide what to do, but we could have the liver in the next few days.
Go to the hospital.
Track the liver.
Make sure that Damon doesn't assign it to someone else.
Okay.
One, two, three, four, five Cyrus, come on, really? It's tragic, but the number of patients who need organs vastly exceeds the number of available donors, especially when it comes to children.
So how do you decide who gets a transplant? We analyze a variety of factors.
Including a patient's ability to adhere to post-operative care.
Absolutely.
If the patient can't follow the strict post-operative regimen, then the organ will be rejected.
Have you performed a transplant - on a foster child before? - Yes.
A ten-year-old girl named Dana, who, like Tyler, needed a liver.
After the surgery, Dana lived in three different homes, and regularly missed her follow-up appointments.
And how is Dana doing today? Within five months of the transplant, Dana rejected the organ and died.
Nothing further.
So because of one failed transplant to a foster child, you set a hospital policy that precludes all foster children from getting transplants in the future? If they don't have an adoptive home in which to recover, yes.
Did you consult with the department of children and family services when you set this policy? No, I base hospital policy on my medical knowledge.
On your medical knowledge.
Well, according to a recent report thank you the American medical association doesn't think very much of your medical knowledge.
The ama believes that potential transplant recipients should not automatically be excluded because of surmountable difficulties attendant to their cases.
Are you aware of this? I've seen the report.
Being in foster care is a surmountable difficulty, isn't it, doctor? No.
Not necessarily.
Well, just because foster kids might move from home to home doesn't mean that they can't follow necessary protocol.
You haven't even spoken to DCFS to see if you can help these kids out.
That's not my job.
Your job you're a doctor.
Your job is to do no harm.
Donations are rare.
I will not allow a viable organ to just go to waste.
So Tyler Banks is a waste.
- Objection.
Argumentative.
- Withdrawn.
Hi, Tyler.
I'm Mereta.
I work with justice Garza.
- Hi.
- I'm looking for Theresa.
She was supposed to meet me at the front desk.
Are you all right? What's wrong? It's the iv.
I don't think it's dripping right.
Well, do you want me to get a nurse? No, if you just raise the bag on the pole, that normally helps.
Is that better? If you could just lift it a little more - Knock it off, Tyler.
Your iv is fine.
- What? Wait a second, were you just He may be sick, but he's still 14.
Dude, you're such a buzz kill.
I'm Dean.
I'm Tyler's primary nurse.
Apparently, the guy wants me to die a virgin.
Hi.
I'm one of the lawyers helping Tyler.
Oh, yeah? Help Tyler what? Making sure the man doesn't steal my liver.
Hey, here you are.
Mind if I borrow her for a minute? If you gotta.
I just got off the phone with my contact in Tampa.
The family's struggling with turning off life support.
Did that girl sign a donor card? Yes.
So once they collect the liver, we have 24 hours to get Tyler his surgery.
They seem really close.
Long-term patients become part of a family here.
Dean's been taking care to Tyler for over a year.
I think if anything happens to that boy, Dean's gonna take it harder than anyone.
Wait, wait, wait! Tell me where my daughter is.
Where is she? I don't know what you're talking about.
I don't want to hurt you.
Are you gonna tell me where she is? She kidnapped my daughter! Get away from me! Okay, I'm calling the cops! Settle down.
Come on.
Yeah, I want to report an assault.
She's my daughter.
I'll find her.
- Who is he? - Who's she? That's Lucinda.
We work together.
You're gonna need that looked at.
Ed? This situation is heartbreaking.
Perhaps if policy makers focused on foster care, they could fix the problems within the system.
But curing the ills of foster care is not the hospital's responsibility.
Maximizing the success of transplants is, and I will not presume to know better than physicians what is best for their patients.
I am sorry, Mr.
Garza.
Your request for injunctive relief is denied.
We need to find out which judge is most open to hearing an appeal.
Justice, I need you to come with me now.
- Is everything okay with Tyler? - Yeah.
I think I found a solution.
You want to adopt Tyler? Rather than letting him die? Is that really a question? Look, I've always wanted to be a father.
When Mereta told me that Tyler was getting bumped from the list because he didn't have one Yeah, I want to adopt him.
So what is the transplant status right now? With Tyler off the list, the next match is Doug Pullman.
I've attended to Mr.
Pullman, and he's a good man.
He's nowhere near as sick as Tyler.
Well, Dr.
Damon really can't object to a transplant if Tyler's adopted.
Which means we can get the judge to put him back on the list.
Yeah, but can we get the adoption approved in time? Well, we better um First I think we've gotta run this by Tyler.
Seriously? You want me to live with you? I figure I need someone to mow the lawn, and you don't bug me that much, so Let's give it a shot.
What do you say? Well, I'm cool with that.
So long as I get to control the remote.
You got it.
Al, we should prep that motion for reconsideration.
Already on it.
Did you know that guy actually likes the pirates? - Ooh.
- Yeah, and you let him represent you? I've got two words for you Roberto Clemente.
- Who? - Who? Yeah.
3,000 hits.
Greatest right fielder that ever played.
No? Nothing.
Look, maybe getting you back on the list is more important, so I'm gonna deal with that first.
But then, you and me, old school.
Eddie, hey, yeah, it's me.
Listen, in my closet on the top shelf, there's this old shoebox.
Can you pull that down and send it down to us asap? Yeah, Ed, a shoebox.
Don't ask.
Where are we on the donor? Uh, the family is terminating life support tonight.
You should go with Dean and try to - get that adoption approved as fast as you can.
- Okay.
- How old was she? - Who? The girlWho's giving me her liver? - How old is she? - 18.
Why? She's saving my life.
I just wanted to know something about her.
We need to talk about what happened - with that guy today.
- No, we don't.
I passed his car when I was driving Bethany home.
I got his plates.
I know his name is Ben Kershaw.
The guy we're not talking about.
I also know that two years ago he filed a missing persons report on his daughter Valerie, and in it he claims that after she falsely accused him of molesting her, a group that helps abused teens helped her run away.
Lucinda, I can't ignore this.
- Okay, that is just a joke.
- Don't change the sub if you ever want to flip me off again, you better fork it over.
Yes, I helped Valerie escape an abusive home.
Allegedly abusive home.
You took her before anybody could evaluate if she was telling the truth.
The evaluation can take up to a year.
I'm not waiting on that.
If this guy molested his daughter, he should burn in hell.
But like it or not, a lot of times these allegations are not true.
Not in this case.
That's for therapists to assess.
It's for a judge to decide, not you.
Come on, you saw the guy.
He's a lunatic.
I'd be a lunatic if my daughter went missing! It was just dislocated.
Like your priorities.
Look, I don't want this girl to relive anything she went through.
But if there's even a chance that she's lying, you have to tell the police.
If you don't, I will.
The decision who is on or off the transplant list is exclusively the hospital's to make.
But the hospital removed Terve from the list based on an obstacle that no longer exists.
He has an adoptive home.
- The adoption hasn't been approved.
- But it will be.
You keep bringing up all of these systemic roadblocks.
We're just trying to save a young boy's life.
Your honor, the hospital has already committed the liver to Doug Pullman, the next match on the Unos list.
Then uncommit it.
With respect, Doug Pullman is nowhere near as sick as Tyler Banks.
That's why Tyler is first on the list to begin with.
The hospital's goal is simple to make the best use of a scarce resource.
- And we believe that - Transplant patients need a stable home.
Yes, asked and answered.
Tyler has one.
Dr.
Damon, in your expert opinion, who has the greatest medical need, Doug Pullman or Tyler Banks? Tyler Banks.
Very well.
Tyler Banks is hereby reinstated to first position on the waiting list, conditioned upon the final approval of his adoption.
Thank you, your honor.
Deep breath.
You're gonna feel a little pinch And we're done.
That wasn't so bad, was it? You can pinch me anytime you like.
Ooh I like your style, kid.
I gotta take my shots when I can.
Hey, hey, you're gonna be out of her in no time.
All right, we gotta prep for surgery.
Good luck.
I googled you.
You're a real important guy.
Why are you helping me? 'Cause you're important.
Even though you're a cardinals fan.
I'm gonna keep working this for you.
- How's he doing? - Tough kid.
The transplant team harvested the liver in Tampa by 09:00 tonight, and it's on its way.
Where are we on the adoption? The application's been filed on an emergency basis.
So far, so good.
Dr.
Damon, assuming everything's on track with the surgery? The liver's being choppered in.
Unfortunately, Tyler won't be receiving it.
- What? Why? - Why not? You realize you're under court order to keep Tyler on that list.
Yes, if the state approved the adoption.
- It didn't.
- What are you talking about? They agreed to expedite the application.
They did.
That's why they rejected it so quickly.
Mr.
Hughes is gay.
The state of Florida prohibits homosexuals from adopting a child.
Tyler's being prepped for surgery.
Which is why I have to inform him now.
No, no, no.
No, you don't.
Are you suggesting I break the law? No, I'm telling you to act like a human being.
We could have saved that boy a lot of grief if you'd simply let my original decision stand.
Oh, this is all my fault.
The application asked for sexual orientation, and you shouldn't beat yourself up for being honest.
I'm beating myself up for not knowing the law.
If I had, I would have lied.
Good morning.
I just got off with judge Patino.
She agreed to enjoin the hospital from giving the liver to someone else, pending an emergency hearing on Tyler's adoption.
Unfortunately, the A.
G.
is substituting in as counsel.
How long can the transplant wait? Well, the organ's good for maybe another 14 hours.
And Tyler? UhSo what's our ammo? Well, the university of Virginia and GW conducted a study of preschoolers who were adopted at birth by lesbian, gay male, and straight couples.
Yeah, it's the most comprehensive study of adoption to date.
They concluded that it's the quality of the parenting, not the sexual orientation of the parents that determine a healthy child.
Great.
But we're not overturning the ban.
We need to get an exception to it for Tyler.
Well, you're joking, right, Cyrus? I mean, I know you're against gay marriage, but you're not against gay people adopting too.
I am for saving Tyler's life.
Uh, okay, another day, when we don't have a liver on ice, we can have this debate.
But Mr.
Hughes, you should go back to work.
We'll keep you posted.
Right now we have to get to court.
Your honor, the citizens of Florida have determined that allowing homosexuals to adopt is never in the best interests of the child.
And allowing Tyler Banks to die is in his best interest? The voters have said that a child needs a mother and a father, not a home that will undermine the traditional family.
We are not asking for you to overturn the ban, but rather to find a narrow exception to the law, your honor, in cases like Tyler's, where a child's life is at stake.
Aren't such exceptions usually in the purview of the legislature? Well, we'd draft a bill and vote on it if we had the time, but Tyler has barely 12 hours left to get that liver.
This is crazy.
The people of Florida aren't crazy We aren't evil.
Who wouldn't want to save the life of every child? This isn't about every child.
This is about one boy who needs one surgery, with a loving and caring home waiting for him.
I want to hear from Mr.
Hughes.
This won't make any difference.
Just hear her out.
I'm in no position to judge whether she's telling the truth.
Hear her out.
If you still feel like she's lying, you can call the cops.
HeyValerie.
Who's he? This is Eddie.
We work together.
Is everything okay? Why did you need to see me? - Your father - Does he know where I am? No.
And he's not gonna find out.
Okay? But he hasn't stopped looking for you, and he's still insisting that nothing ever happened.
He's convinced a lot of people that your story - It's not a story.
- I know.
But some people feel like that's for the judge to decide.
Oh, no.
No, no, no.
Not again.
Again? I got gonorrhea at the age of four.
My aunt reported it.
My dad got some doctor friend to convince the judge that it was a virus.
So he decided to leave me in the care of a rapist for the next ten years.
I'd kill myself before going back.
Those people who think that a judge should decide should know that.
I think they do.
Mr.
Hughes, the state claims because you're gay, you will be incapable of providing Tyler with a supportive home.
I've been taking care of Tyler for over a year at the hospital, so medically, I can get him through his recovery period better than anybody.
Well, no one doubts your medical skills, Mr.
Hughes, but you are gay.
How could you possibly support Tyler financially? Well, the rumors are true, justice Garza.
We do have more expendable income than most.
I choose to spend my savings on raising Tyler.
Raising a child often requires an extended support system.
But I'm assuming that your family and friends all disowned you once you came out as homosexual.
Actually, my mom visits more than I would like, and she can't wait to have a grandson.
She never thought it would happen.
Mr.
Hughes, how can you assure the court that you won't use your powers of indoctrination to influence Tyler and make him homosexual? Well, I, unfortunately, can't alter biology.
Did somebody indoctrinate you into being straight? This is a serious matter, your honor.
I object to the absurd nature of Mr.
Garza's question.
Yes, well, the questions, your honor, are absurd because the premise is absurd that this man with medical knowledge, with financial security, and a loving family is anything but a qualified parent to Tyler Banks.
Yes, the premise is absurd.
Excuse me, your honor, if I may.
I take this very seriously, and I want to give Tyler the best life I can.
And I think if there's ever a kid who deserves a break here, it's him.
He's a great kid.
Nothing further, your honor.
Well recognizing the time constraint, I am ready to issue my ruling.
Tyler Banks needs this surgery to survive.
And having listened to Mr.
Hughes, I am confident that - Your honor, forgive me.
- Here we go.
- Dr.
Damon has informed me - Dr.
Damon has his say, and so have you.
You want to filibuster, become a senator.
In here, you don't get an extra bite at the apple.
Dr.
Damon has a solution that will save Tyler without forcing the court to overturn the public's will.
- The state agrees.
- What the state knows is that you're about to rule against them.
They don't like it, they can appeal.
This better be good, Ms.
Pence.
Dr.
Damon has found a heterosexual couple who are eager to adopt Tyler.
They're a pre-adoptive home, so if the court allows this adoption, Tyler can have his surgery immediately.
Who are these people? Excuse me, what family? Because this is the first that any of us are hearing about this.
Counsel, in my chambers, now.
At kind of stunt are you pulling, Ms.
Pence? It's not a stunt, your honor.
They are just throwing up more road blocks.
First they say Tyler doesn't have a home to recover in, and now it's not the right home.
Who is this family, and why have they suddenly come forward? If I may, your honor, Julia and Fred Waltham are members of my congregation.
They have actively considered adoption, and they've been pre-approved by DCFS.
When I mentioned Tyler's plight, they stepped forward.
They haven't even met the child.
If the Walthams adopt Tyler, he'll be able to have the surgery, and have a healthy and proper home in which to recover without forcing you to overturn the will of the people.
Which you know perfectly well we are not asking for.
You allow one exception, you open the flood gates.
I thought you had to stay neutral when it came to politics.
Neither the hospital nor I want to see the ban overturned.
Tyler needs this surgery now.
Every minute that we wait puts that boy's life more at risk.
We all want to save Tyler's life and do what's right for him, but the Walthams are the best possible solution.
Dr.
Damon, how much longer will the harvested liver be viable? Approximately ten hours.
That's enough time to see if Tyler and the Walthams are an acceptable match.
Your honor, please, Dean Hughes can provide the best home for Tyler.
Counsel, the goal here is to save this child's life without overturning the will of the people.
I will not legislate from the bench.
Have the Walthams meet Tyler.
See if this will work.
This is nothing but a homophobic end run around Dean's right to have a family.
I already drafted an appeal on judge Patino's order.
We can file an emergency application with the appellate court, and get Dean's adoption approved.
Tyler needs the surgery now.
So you're just you're giving up? Look, I'm sure that the Walthams are a loving family, and they could provide Tyler with a good home.
- We should accept the deal.
- Oh, wow, I knew it.
- God forbid Cyrus Garza stands up for gay rights.
- Excuse me? You never wanted to defend Dean.
What do you think I was doing in court? You were carving out an exception, not challenging the will of the voters.
I bet you were thrilled when the nice, straight family came forward.
You know, just because I don't want to overturn the public's vote doesn't make me a bigot.
No, no, no.
Human rights are human rights.
And legislatures pass laws that uphold them! Okay? Not judges.
All true, but you wouldn't be saying that if the government refused to give you a kid, Cyrus.
You'd be taking a stand.
I am taking a stand, Al.
For Tyler! Go on, say it.
- What? - You know what.
Lofton versus Florida.
Well, I'm sorry, but two years ago the court had the chance to overturn this very law.
It was four-four to grant cert on the challenge to the ban on gay adoption.
- And you told me to take the case.
- And you voted not to! You refused to take a stand back then, just like you're doing now.
It's only a matter of time before the justice starts advertising on tv.
Wayne, you're too funny.
I can already tell our department meeting is gonna be a lot more entertaining with you in charge.
What's the point in doing a job if you can't make it fun? - Right, Ed? - Right.
Congratulations again.
Head of litigation at 45, that's 44, but who's counting? See, the way I see it, you have to keep your eye on the prize.
And from what Bethany tells me, there aren't many prizes for you at Garza's firm.
Actually, I think there have been a lot of great opportunities for me.
I first-chaired a case already.
No, wait.
Do you really have to work out of a pantry? It's more of a kitchen.
I hear Garza's drunk half the time.
You can't believe every rumor.
Honestly, he's working on the island of misfit toys.
Don't even get me started on the girl with the dragon tattoo.
- She pulled a gun.
- It was a knife.
So I embellished.
Stab me.
She almost did.
I don't know why you're getting so upset.
Your life will be so much better without those people in it.
You know what is interesting about Garza's firm is that the lawyers actually care about their clients.
They're not in it for the money or the prestige.
They love the law, and they want to do what's right.
All right, Ed, you've made your point.
No, I don't think I have.
Because any self-respecting lawyer would be honored to work with Cyrus Garza.
Asbestos defense? Really, Wayne? Really? I wouldn't take an offer from this firm if you begged me.
I don't think that'll be a problem.
Good.
I'm, uhGonna go.
Bethany? - I'll take a cab.
- Wow.
Okay, then.
I want you to remember, Dean, when we started this, our goal was to get Tyler his surgery.
And the best way we can do that now is to let the Walthams adopt him.
Look, you're saving Tyler by letting him go.
No, I know.
I just want to talk to him.
Can we just get a minute? Take as much time as you like.
You lucked out.
Looks like these guys are getting stuck with me.
I know.
Thank God, right? Listen, you're gonna be fine, okay? These are good people with a good home.
Am I gonna see you again? Of course you are.
What, do you think you're gonna get rid of me that easily? I don't think so.
No way.
Tyler, you all right? No, no, no.
He's crashing! He's crashing! I need some help in here! All right, hang on, buddy.
Hang on, pal, I'm right here.
- Come on.
Stay with me.
- He's in cardiac arrest.
- Move.
- Code blue, transplant, icu.
I want him intubated, stat.
Get these people out of here.
All right.
Charging.
Clear.
Nothing.
Let the O.
R.
know he's crashed.
Charging to 350.
Clear.
Hey, you.
Thanks.
I came as soon as Mereta called.
- Any word? - He's still in surgery.
And the liver? Went to the next person in line.
Probably saved his life.
So it's cash, right For a card club where your credit's no good? - Baseball card collection.
- Okay.
I did not see that coming.
You know why Tyler's a cardinal's fan? Hughes told me this.
His biological dad was from St.
Louis.
And that's all he knew about him.
- You do know why I was a Pirate's fan, right? - Mm-hmm.
Sure I do.
Because Roberto Clemente was your old man's sun, moon, and stars.
The day Clemente died, first time I ever saw my old man cry.
This is from the year he was mvp.
- No way.
- Way.
Cyrus, the year you collected every single card when the shortstop from the giants - tito fuentes.
- Tito fuentes, right? When you filled out the set I can't believe you still have that stuff.
Yeah, there's never a year I don't think about tossing this.
But thenI figure Maybe some day I'll have a son I can give it to.
Are you all here for Tyler Banks? - Yes, that's right.
- Yeah, how is he? Is he okay? We tried to revive him, but Tyler's body just couldn't take it.
I'm sorry.
Oh, my God.
Oh, Tyler, no.
We want to say how sorry we are.
When Dr.
Damon asked us to take in Tyler, we only wanted to help.
He seemed like such a nice boy.
Yes, he was.
Excuse me.
Cyrus.
Cyrus, where are you going? So we're gonna need you here tomorrow You happy now? Excuse me, but you're interrupting.
Tyler's dead.
You killed him.
- Give us a moment.
- Murdered him in cold blood.
Don't be ridiculous.
Lower your voice in here.
Sure, as soon as you tell them that he got that liver because you're a bigot.
Like you're not for traditional families.
Hughes loved Tyler.
Enough to sway him? And don't tell me you didn't think about that.
This isn't about me.
Take a good look in the mirror, my friend.
It's all about you! You want to make me out to be the bad guy here, fine.
But we both know you're like me in this! - No, I'm not.
- Well, you would be if you had the courage of your convictions.
I am nothing like you! Good, because I'm not a hypocrite.
Hold it right there! Could you hold on one second, actually All right, you ready? Say "I'm a moron.
" Leverage, you see, for when you really piss me off.
Okay, you can spring sugar ray now.
Thank you.
WellIt's not not the valerian.
Hey, he had it coming.
Oh, I would go easy on Damon if I were you because you broke his nose and he still agreed - not to press charges.
- Really? - Yep.
- How'd you swing that? I just told him that you were acting out because the woman that you're in love with is marrying another man.
- Nice.
- Just like you said, the truth is always the best defense.
Al flew back this morning, and he wanted me to give you this.
You know, Claire, what happened here, I could have prevented it.
- You did the best you could.
- Yeah, here.
But when I was on the court, when I could have made a difference - Those two, they would have made a good family.
- I know.
Does Glenn know you're here? No.
What's he gonna say when he finds out? He'll understand.
Wow.
That's love.
Yes, it is.
Come on, let's get you out of here.
I'm serious.
Yes, I walked out.
On asbestos defense? I'm shocked.
Not on asbestos defense.
On Bethany.
We Yeah, we broke up.
Don't get your hopes up.
I don't do rebound sex.
- Will you shut up for once and listen? - Uh, no.
I am not who I used to be, okay? And I can't pretend anymore.
Maybe someday you can tell me how you do it.
I went to Delaware.
You can talk now.
Go ahead.
I got nothing to say.
I followed the coordinates on your tattoo to the cemetery.
I saw the gravestone with Lucinda Pearl's name on it.
I know that's not your real name.
What I don't know is what happened to the real Lucinda Pearl? Meaning what? You think I killed her? What, you think I'm capable of that? I don't know what you're capable of.
Sir, this is a crime scene.
You'll have to back away.
What happened? This is an ongoing investigation.
You're gonna have to step back.
Justice Garza, Theresa Kang from children's light.
We're child advocates based in Miami, - and we're here because - We're running late, so I'm sorry.
Each body on the ground represents a foster child in desperate medical need.
If I could just get five minutes from you, please You're not gonna get anything with the camera in my face.
We're protesting because hospitals like the ones inside kick children off organ transplant lists simply because they're in foster care.
These kids are dying, and no one's protecting them.
She's okay.
She's fine.
You have 15 floors to make your case.
Hundreds of foster kids across the country need organ transplants.
Yet hospitals are removing them from waiting lists because they're deemed too high a risk for organ rejection.
I thought there was a national organization that controls the list.
Unos gives hospitals discretion over which of their patients get priority.
Why pick on foster kids? Because most of them don't have stable homes where they can receive post-operative care.
Right.
Well, hospitals do have tough choices to make.
The choice they're making is to sentence these kids to death.
Try that.
- All right.
- I'm raising.
- This guy - You afraid to bet? All right, here we go.
How 'bout this Tyler Banks is number one on greater Miami's waiting list for a new liver number one.
But he's also in foster care, so the hospitals don't want to give it to him.
Full boat, baby.
This kid is a hustler! Whoa.
Excuse me.
We'll see what we can do.
If Tyler doesn't get a transplant, he'll be dead in two weeks.
Please.
He's only 14.
That was entertaining.
Cyrus, hospitals don't kill people, they save lives.
Hello.
How are you? Great to see you.
Nice slogan.
Hospital lobby definitely gets its money's worth.
Seriously, Cyrus, why do I even bother with you? I have no idea.
Maybe you should ask Glenn.
And here we have the heartbeat of the operation.
Close to the caffeine.
You got your Wifi.
Um, oh Over here this general area here is where I make the magic happen.
What to you think? - It's fine.
- That's it? Trying to show you where I work, and that's the best you got"Fine"? You're working out of a house.
A house that can only be described as nouveau riche meets divorced airline pilot.
Honestly, who still has a pool table? I love the pool table.
And where is your office? Do you have to share an assistant? Does Garza even give you a 401k? We're still working out the kinks.
You can't be happy here.
Which is why I want to help you.
What do you mean by "help me"? The head of our litigation department is retiring, and the firm's throwing a big party this week in his honor Your firm.
The firm that already turned me down.
I've kept you on their radar, and trust me, they're interested.
So if these kids are dying, how come I haven't heard about this until now? Well, the transient nature of foster kids, medical confidentiality, deference to hospital policy.
All that makes it impossible to get a national statistic.
But we've contacted agencies across the country.
They've confirmed that kids are being removed from transplant lists just because they're in foster care.
I have a friend who works for the children's law center of L.
A.
She says that in her jurisdiction alone, four foster kids died in the past five years just because they couldn't get transplants.
That means that we are going to Miami.
Awesome.
I'll make a few more calls, attach some more plaintiffs, and have ourselves a class action.
No class actions.
We're not gonna put - the medical community on trial.
- Why not? Because the big-picture challenge takes time.
Time that Tyler Banks doesn't have.
Let's save a kid who has less than two weeks to live before we go and mount a crusade.
Eddie, ah.
Pack your bags.
Road trip.
Bethany.
Oh, right.
Um, the thing is, uh This week is our three-year anniversary, so we have a special dinner planned.
Oh, that's so nice.
Where you guys gonna go? Somewhere here in Washington.
No worries, Ed.
We're actually going to talk, not litigate, so you and Lucinda can guard the fort.
Remember him? He's a child-molesting scumbag.
Of course I remember him.
He broke into one of our field offices and stole some information.
He knows your name and your involvement with his daughter.
He's gonna come after you.
He already has.
He attacked a friend who was driving my car.
- We have to move the girl.
- No, we don't.
- You know the policy.
- Screw the policy! She's safe, she's in a good home, and for the first time in her life, she's happy.
I'm not gonna let him change that.
I want you to meet justice Garza.
He used to sit on the Supreme court.
Are you from the make a wish foundation? - Definitely not.
- Good.
'Cause I asked to meet Albert Pujols, and it'd be totally messed up if they sent you instead.
- No offense.
- None taken.
- Except that I'm a Pirates fan.
- Sucks for you.
Tell me about it.
We're lawyers, Tyler.
We're here to help.
This is about the hospital wanting to take you off the transplant list.
And we're gonna try to keep that from happening.
I asked for a wish, not a miracle.
I'm not getting a liver because no one wants to adopt me.
All right? I get it.
I'm sick.
- I wouldn't want me either.
- Don't say that.
Why not? It's true.
Viable organs are scarce resources.
I have to make decisions that will maximize successful transplants.
We understand that, but Unos did put Tyler on top of the transplant list because he was the sickest.
Well, Unos understands that patients need a stable setting in which to recover, and sadly, foster children don't have that.
Well, if the choice is between letting kids die or stable settings, you should find the settings.
Tyler's not gonna be adopted.
At best, he's gonna age out of the system when he turns 18.
At which point he'll be able to take care of himself anyway.
33% of the foster kids who age out become homeless.
62% are unemployed.
These are not people that can follow a strict post-operative regimen.
Doctor, if Tyler doesn't get this liver, he's gong to die.
And if he does get the liver two people are gonna die Tyler, when he rejects it, and he will, and the patient I should have given it to in the first place.
I appreciate your concern, justice Garza, but it's my call.
I want an injunction filed to keep Tyler on that list.
That kid is getting the transplant.
So much for not litigating.
What can I say? I am a sucker for a good crusade.
The judge we drew is up for re-election.
She's been endorsed by the pac for the Florida hospital association.
- Really? - Yeah, really.
- You made me lose count.
- Cyrus, we're challenging the hospital's need to determine patient care in front of a judge who's bankrolled by hospitals.
Which I why I need to count the steps.
I get to the top of the staircase on an odd number, I never lose.
Yeah, at a poker tournament.
Did you get the DCFS? Yeah, I got his work load right here.
Tell me this is the one teenager in foster care who is easy to place.
- Short answer, no.
- Long answer? Hell no.
Been in five homes since his old lady O.
D.
ed.
Fought so bad in four the cops had to come.
And then when he got sick, he got kicked out of home number five.
If getting Tyler adopted is how we get this win, you're gonna need more mojo than you can generate by hitting an odd number of steps.
That was Theresa.
A drunk driver in Tampa hit a car full of teenagers.
There's a 18-year-old on life support.
Which I just said that like that was a good thing.
- How sick is that? - No.
Is she a match for Tyler? Yes.
The family's trying to decide what to do, but we could have the liver in the next few days.
Go to the hospital.
Track the liver.
Make sure that Damon doesn't assign it to someone else.
Okay.
One, two, three, four, five Cyrus, come on, really? It's tragic, but the number of patients who need organs vastly exceeds the number of available donors, especially when it comes to children.
So how do you decide who gets a transplant? We analyze a variety of factors.
Including a patient's ability to adhere to post-operative care.
Absolutely.
If the patient can't follow the strict post-operative regimen, then the organ will be rejected.
Have you performed a transplant - on a foster child before? - Yes.
A ten-year-old girl named Dana, who, like Tyler, needed a liver.
After the surgery, Dana lived in three different homes, and regularly missed her follow-up appointments.
And how is Dana doing today? Within five months of the transplant, Dana rejected the organ and died.
Nothing further.
So because of one failed transplant to a foster child, you set a hospital policy that precludes all foster children from getting transplants in the future? If they don't have an adoptive home in which to recover, yes.
Did you consult with the department of children and family services when you set this policy? No, I base hospital policy on my medical knowledge.
On your medical knowledge.
Well, according to a recent report thank you the American medical association doesn't think very much of your medical knowledge.
The ama believes that potential transplant recipients should not automatically be excluded because of surmountable difficulties attendant to their cases.
Are you aware of this? I've seen the report.
Being in foster care is a surmountable difficulty, isn't it, doctor? No.
Not necessarily.
Well, just because foster kids might move from home to home doesn't mean that they can't follow necessary protocol.
You haven't even spoken to DCFS to see if you can help these kids out.
That's not my job.
Your job you're a doctor.
Your job is to do no harm.
Donations are rare.
I will not allow a viable organ to just go to waste.
So Tyler Banks is a waste.
- Objection.
Argumentative.
- Withdrawn.
Hi, Tyler.
I'm Mereta.
I work with justice Garza.
- Hi.
- I'm looking for Theresa.
She was supposed to meet me at the front desk.
Are you all right? What's wrong? It's the iv.
I don't think it's dripping right.
Well, do you want me to get a nurse? No, if you just raise the bag on the pole, that normally helps.
Is that better? If you could just lift it a little more - Knock it off, Tyler.
Your iv is fine.
- What? Wait a second, were you just He may be sick, but he's still 14.
Dude, you're such a buzz kill.
I'm Dean.
I'm Tyler's primary nurse.
Apparently, the guy wants me to die a virgin.
Hi.
I'm one of the lawyers helping Tyler.
Oh, yeah? Help Tyler what? Making sure the man doesn't steal my liver.
Hey, here you are.
Mind if I borrow her for a minute? If you gotta.
I just got off the phone with my contact in Tampa.
The family's struggling with turning off life support.
Did that girl sign a donor card? Yes.
So once they collect the liver, we have 24 hours to get Tyler his surgery.
They seem really close.
Long-term patients become part of a family here.
Dean's been taking care to Tyler for over a year.
I think if anything happens to that boy, Dean's gonna take it harder than anyone.
Wait, wait, wait! Tell me where my daughter is.
Where is she? I don't know what you're talking about.
I don't want to hurt you.
Are you gonna tell me where she is? She kidnapped my daughter! Get away from me! Okay, I'm calling the cops! Settle down.
Come on.
Yeah, I want to report an assault.
She's my daughter.
I'll find her.
- Who is he? - Who's she? That's Lucinda.
We work together.
You're gonna need that looked at.
Ed? This situation is heartbreaking.
Perhaps if policy makers focused on foster care, they could fix the problems within the system.
But curing the ills of foster care is not the hospital's responsibility.
Maximizing the success of transplants is, and I will not presume to know better than physicians what is best for their patients.
I am sorry, Mr.
Garza.
Your request for injunctive relief is denied.
We need to find out which judge is most open to hearing an appeal.
Justice, I need you to come with me now.
- Is everything okay with Tyler? - Yeah.
I think I found a solution.
You want to adopt Tyler? Rather than letting him die? Is that really a question? Look, I've always wanted to be a father.
When Mereta told me that Tyler was getting bumped from the list because he didn't have one Yeah, I want to adopt him.
So what is the transplant status right now? With Tyler off the list, the next match is Doug Pullman.
I've attended to Mr.
Pullman, and he's a good man.
He's nowhere near as sick as Tyler.
Well, Dr.
Damon really can't object to a transplant if Tyler's adopted.
Which means we can get the judge to put him back on the list.
Yeah, but can we get the adoption approved in time? Well, we better um First I think we've gotta run this by Tyler.
Seriously? You want me to live with you? I figure I need someone to mow the lawn, and you don't bug me that much, so Let's give it a shot.
What do you say? Well, I'm cool with that.
So long as I get to control the remote.
You got it.
Al, we should prep that motion for reconsideration.
Already on it.
Did you know that guy actually likes the pirates? - Ooh.
- Yeah, and you let him represent you? I've got two words for you Roberto Clemente.
- Who? - Who? Yeah.
3,000 hits.
Greatest right fielder that ever played.
No? Nothing.
Look, maybe getting you back on the list is more important, so I'm gonna deal with that first.
But then, you and me, old school.
Eddie, hey, yeah, it's me.
Listen, in my closet on the top shelf, there's this old shoebox.
Can you pull that down and send it down to us asap? Yeah, Ed, a shoebox.
Don't ask.
Where are we on the donor? Uh, the family is terminating life support tonight.
You should go with Dean and try to - get that adoption approved as fast as you can.
- Okay.
- How old was she? - Who? The girlWho's giving me her liver? - How old is she? - 18.
Why? She's saving my life.
I just wanted to know something about her.
We need to talk about what happened - with that guy today.
- No, we don't.
I passed his car when I was driving Bethany home.
I got his plates.
I know his name is Ben Kershaw.
The guy we're not talking about.
I also know that two years ago he filed a missing persons report on his daughter Valerie, and in it he claims that after she falsely accused him of molesting her, a group that helps abused teens helped her run away.
Lucinda, I can't ignore this.
- Okay, that is just a joke.
- Don't change the sub if you ever want to flip me off again, you better fork it over.
Yes, I helped Valerie escape an abusive home.
Allegedly abusive home.
You took her before anybody could evaluate if she was telling the truth.
The evaluation can take up to a year.
I'm not waiting on that.
If this guy molested his daughter, he should burn in hell.
But like it or not, a lot of times these allegations are not true.
Not in this case.
That's for therapists to assess.
It's for a judge to decide, not you.
Come on, you saw the guy.
He's a lunatic.
I'd be a lunatic if my daughter went missing! It was just dislocated.
Like your priorities.
Look, I don't want this girl to relive anything she went through.
But if there's even a chance that she's lying, you have to tell the police.
If you don't, I will.
The decision who is on or off the transplant list is exclusively the hospital's to make.
But the hospital removed Terve from the list based on an obstacle that no longer exists.
He has an adoptive home.
- The adoption hasn't been approved.
- But it will be.
You keep bringing up all of these systemic roadblocks.
We're just trying to save a young boy's life.
Your honor, the hospital has already committed the liver to Doug Pullman, the next match on the Unos list.
Then uncommit it.
With respect, Doug Pullman is nowhere near as sick as Tyler Banks.
That's why Tyler is first on the list to begin with.
The hospital's goal is simple to make the best use of a scarce resource.
- And we believe that - Transplant patients need a stable home.
Yes, asked and answered.
Tyler has one.
Dr.
Damon, in your expert opinion, who has the greatest medical need, Doug Pullman or Tyler Banks? Tyler Banks.
Very well.
Tyler Banks is hereby reinstated to first position on the waiting list, conditioned upon the final approval of his adoption.
Thank you, your honor.
Deep breath.
You're gonna feel a little pinch And we're done.
That wasn't so bad, was it? You can pinch me anytime you like.
Ooh I like your style, kid.
I gotta take my shots when I can.
Hey, hey, you're gonna be out of her in no time.
All right, we gotta prep for surgery.
Good luck.
I googled you.
You're a real important guy.
Why are you helping me? 'Cause you're important.
Even though you're a cardinals fan.
I'm gonna keep working this for you.
- How's he doing? - Tough kid.
The transplant team harvested the liver in Tampa by 09:00 tonight, and it's on its way.
Where are we on the adoption? The application's been filed on an emergency basis.
So far, so good.
Dr.
Damon, assuming everything's on track with the surgery? The liver's being choppered in.
Unfortunately, Tyler won't be receiving it.
- What? Why? - Why not? You realize you're under court order to keep Tyler on that list.
Yes, if the state approved the adoption.
- It didn't.
- What are you talking about? They agreed to expedite the application.
They did.
That's why they rejected it so quickly.
Mr.
Hughes is gay.
The state of Florida prohibits homosexuals from adopting a child.
Tyler's being prepped for surgery.
Which is why I have to inform him now.
No, no, no.
No, you don't.
Are you suggesting I break the law? No, I'm telling you to act like a human being.
We could have saved that boy a lot of grief if you'd simply let my original decision stand.
Oh, this is all my fault.
The application asked for sexual orientation, and you shouldn't beat yourself up for being honest.
I'm beating myself up for not knowing the law.
If I had, I would have lied.
Good morning.
I just got off with judge Patino.
She agreed to enjoin the hospital from giving the liver to someone else, pending an emergency hearing on Tyler's adoption.
Unfortunately, the A.
G.
is substituting in as counsel.
How long can the transplant wait? Well, the organ's good for maybe another 14 hours.
And Tyler? UhSo what's our ammo? Well, the university of Virginia and GW conducted a study of preschoolers who were adopted at birth by lesbian, gay male, and straight couples.
Yeah, it's the most comprehensive study of adoption to date.
They concluded that it's the quality of the parenting, not the sexual orientation of the parents that determine a healthy child.
Great.
But we're not overturning the ban.
We need to get an exception to it for Tyler.
Well, you're joking, right, Cyrus? I mean, I know you're against gay marriage, but you're not against gay people adopting too.
I am for saving Tyler's life.
Uh, okay, another day, when we don't have a liver on ice, we can have this debate.
But Mr.
Hughes, you should go back to work.
We'll keep you posted.
Right now we have to get to court.
Your honor, the citizens of Florida have determined that allowing homosexuals to adopt is never in the best interests of the child.
And allowing Tyler Banks to die is in his best interest? The voters have said that a child needs a mother and a father, not a home that will undermine the traditional family.
We are not asking for you to overturn the ban, but rather to find a narrow exception to the law, your honor, in cases like Tyler's, where a child's life is at stake.
Aren't such exceptions usually in the purview of the legislature? Well, we'd draft a bill and vote on it if we had the time, but Tyler has barely 12 hours left to get that liver.
This is crazy.
The people of Florida aren't crazy We aren't evil.
Who wouldn't want to save the life of every child? This isn't about every child.
This is about one boy who needs one surgery, with a loving and caring home waiting for him.
I want to hear from Mr.
Hughes.
This won't make any difference.
Just hear her out.
I'm in no position to judge whether she's telling the truth.
Hear her out.
If you still feel like she's lying, you can call the cops.
HeyValerie.
Who's he? This is Eddie.
We work together.
Is everything okay? Why did you need to see me? - Your father - Does he know where I am? No.
And he's not gonna find out.
Okay? But he hasn't stopped looking for you, and he's still insisting that nothing ever happened.
He's convinced a lot of people that your story - It's not a story.
- I know.
But some people feel like that's for the judge to decide.
Oh, no.
No, no, no.
Not again.
Again? I got gonorrhea at the age of four.
My aunt reported it.
My dad got some doctor friend to convince the judge that it was a virus.
So he decided to leave me in the care of a rapist for the next ten years.
I'd kill myself before going back.
Those people who think that a judge should decide should know that.
I think they do.
Mr.
Hughes, the state claims because you're gay, you will be incapable of providing Tyler with a supportive home.
I've been taking care of Tyler for over a year at the hospital, so medically, I can get him through his recovery period better than anybody.
Well, no one doubts your medical skills, Mr.
Hughes, but you are gay.
How could you possibly support Tyler financially? Well, the rumors are true, justice Garza.
We do have more expendable income than most.
I choose to spend my savings on raising Tyler.
Raising a child often requires an extended support system.
But I'm assuming that your family and friends all disowned you once you came out as homosexual.
Actually, my mom visits more than I would like, and she can't wait to have a grandson.
She never thought it would happen.
Mr.
Hughes, how can you assure the court that you won't use your powers of indoctrination to influence Tyler and make him homosexual? Well, I, unfortunately, can't alter biology.
Did somebody indoctrinate you into being straight? This is a serious matter, your honor.
I object to the absurd nature of Mr.
Garza's question.
Yes, well, the questions, your honor, are absurd because the premise is absurd that this man with medical knowledge, with financial security, and a loving family is anything but a qualified parent to Tyler Banks.
Yes, the premise is absurd.
Excuse me, your honor, if I may.
I take this very seriously, and I want to give Tyler the best life I can.
And I think if there's ever a kid who deserves a break here, it's him.
He's a great kid.
Nothing further, your honor.
Well recognizing the time constraint, I am ready to issue my ruling.
Tyler Banks needs this surgery to survive.
And having listened to Mr.
Hughes, I am confident that - Your honor, forgive me.
- Here we go.
- Dr.
Damon has informed me - Dr.
Damon has his say, and so have you.
You want to filibuster, become a senator.
In here, you don't get an extra bite at the apple.
Dr.
Damon has a solution that will save Tyler without forcing the court to overturn the public's will.
- The state agrees.
- What the state knows is that you're about to rule against them.
They don't like it, they can appeal.
This better be good, Ms.
Pence.
Dr.
Damon has found a heterosexual couple who are eager to adopt Tyler.
They're a pre-adoptive home, so if the court allows this adoption, Tyler can have his surgery immediately.
Who are these people? Excuse me, what family? Because this is the first that any of us are hearing about this.
Counsel, in my chambers, now.
At kind of stunt are you pulling, Ms.
Pence? It's not a stunt, your honor.
They are just throwing up more road blocks.
First they say Tyler doesn't have a home to recover in, and now it's not the right home.
Who is this family, and why have they suddenly come forward? If I may, your honor, Julia and Fred Waltham are members of my congregation.
They have actively considered adoption, and they've been pre-approved by DCFS.
When I mentioned Tyler's plight, they stepped forward.
They haven't even met the child.
If the Walthams adopt Tyler, he'll be able to have the surgery, and have a healthy and proper home in which to recover without forcing you to overturn the will of the people.
Which you know perfectly well we are not asking for.
You allow one exception, you open the flood gates.
I thought you had to stay neutral when it came to politics.
Neither the hospital nor I want to see the ban overturned.
Tyler needs this surgery now.
Every minute that we wait puts that boy's life more at risk.
We all want to save Tyler's life and do what's right for him, but the Walthams are the best possible solution.
Dr.
Damon, how much longer will the harvested liver be viable? Approximately ten hours.
That's enough time to see if Tyler and the Walthams are an acceptable match.
Your honor, please, Dean Hughes can provide the best home for Tyler.
Counsel, the goal here is to save this child's life without overturning the will of the people.
I will not legislate from the bench.
Have the Walthams meet Tyler.
See if this will work.
This is nothing but a homophobic end run around Dean's right to have a family.
I already drafted an appeal on judge Patino's order.
We can file an emergency application with the appellate court, and get Dean's adoption approved.
Tyler needs the surgery now.
So you're just you're giving up? Look, I'm sure that the Walthams are a loving family, and they could provide Tyler with a good home.
- We should accept the deal.
- Oh, wow, I knew it.
- God forbid Cyrus Garza stands up for gay rights.
- Excuse me? You never wanted to defend Dean.
What do you think I was doing in court? You were carving out an exception, not challenging the will of the voters.
I bet you were thrilled when the nice, straight family came forward.
You know, just because I don't want to overturn the public's vote doesn't make me a bigot.
No, no, no.
Human rights are human rights.
And legislatures pass laws that uphold them! Okay? Not judges.
All true, but you wouldn't be saying that if the government refused to give you a kid, Cyrus.
You'd be taking a stand.
I am taking a stand, Al.
For Tyler! Go on, say it.
- What? - You know what.
Lofton versus Florida.
Well, I'm sorry, but two years ago the court had the chance to overturn this very law.
It was four-four to grant cert on the challenge to the ban on gay adoption.
- And you told me to take the case.
- And you voted not to! You refused to take a stand back then, just like you're doing now.
It's only a matter of time before the justice starts advertising on tv.
Wayne, you're too funny.
I can already tell our department meeting is gonna be a lot more entertaining with you in charge.
What's the point in doing a job if you can't make it fun? - Right, Ed? - Right.
Congratulations again.
Head of litigation at 45, that's 44, but who's counting? See, the way I see it, you have to keep your eye on the prize.
And from what Bethany tells me, there aren't many prizes for you at Garza's firm.
Actually, I think there have been a lot of great opportunities for me.
I first-chaired a case already.
No, wait.
Do you really have to work out of a pantry? It's more of a kitchen.
I hear Garza's drunk half the time.
You can't believe every rumor.
Honestly, he's working on the island of misfit toys.
Don't even get me started on the girl with the dragon tattoo.
- She pulled a gun.
- It was a knife.
So I embellished.
Stab me.
She almost did.
I don't know why you're getting so upset.
Your life will be so much better without those people in it.
You know what is interesting about Garza's firm is that the lawyers actually care about their clients.
They're not in it for the money or the prestige.
They love the law, and they want to do what's right.
All right, Ed, you've made your point.
No, I don't think I have.
Because any self-respecting lawyer would be honored to work with Cyrus Garza.
Asbestos defense? Really, Wayne? Really? I wouldn't take an offer from this firm if you begged me.
I don't think that'll be a problem.
Good.
I'm, uhGonna go.
Bethany? - I'll take a cab.
- Wow.
Okay, then.
I want you to remember, Dean, when we started this, our goal was to get Tyler his surgery.
And the best way we can do that now is to let the Walthams adopt him.
Look, you're saving Tyler by letting him go.
No, I know.
I just want to talk to him.
Can we just get a minute? Take as much time as you like.
You lucked out.
Looks like these guys are getting stuck with me.
I know.
Thank God, right? Listen, you're gonna be fine, okay? These are good people with a good home.
Am I gonna see you again? Of course you are.
What, do you think you're gonna get rid of me that easily? I don't think so.
No way.
Tyler, you all right? No, no, no.
He's crashing! He's crashing! I need some help in here! All right, hang on, buddy.
Hang on, pal, I'm right here.
- Come on.
Stay with me.
- He's in cardiac arrest.
- Move.
- Code blue, transplant, icu.
I want him intubated, stat.
Get these people out of here.
All right.
Charging.
Clear.
Nothing.
Let the O.
R.
know he's crashed.
Charging to 350.
Clear.
Hey, you.
Thanks.
I came as soon as Mereta called.
- Any word? - He's still in surgery.
And the liver? Went to the next person in line.
Probably saved his life.
So it's cash, right For a card club where your credit's no good? - Baseball card collection.
- Okay.
I did not see that coming.
You know why Tyler's a cardinal's fan? Hughes told me this.
His biological dad was from St.
Louis.
And that's all he knew about him.
- You do know why I was a Pirate's fan, right? - Mm-hmm.
Sure I do.
Because Roberto Clemente was your old man's sun, moon, and stars.
The day Clemente died, first time I ever saw my old man cry.
This is from the year he was mvp.
- No way.
- Way.
Cyrus, the year you collected every single card when the shortstop from the giants - tito fuentes.
- Tito fuentes, right? When you filled out the set I can't believe you still have that stuff.
Yeah, there's never a year I don't think about tossing this.
But thenI figure Maybe some day I'll have a son I can give it to.
Are you all here for Tyler Banks? - Yes, that's right.
- Yeah, how is he? Is he okay? We tried to revive him, but Tyler's body just couldn't take it.
I'm sorry.
Oh, my God.
Oh, Tyler, no.
We want to say how sorry we are.
When Dr.
Damon asked us to take in Tyler, we only wanted to help.
He seemed like such a nice boy.
Yes, he was.
Excuse me.
Cyrus.
Cyrus, where are you going? So we're gonna need you here tomorrow You happy now? Excuse me, but you're interrupting.
Tyler's dead.
You killed him.
- Give us a moment.
- Murdered him in cold blood.
Don't be ridiculous.
Lower your voice in here.
Sure, as soon as you tell them that he got that liver because you're a bigot.
Like you're not for traditional families.
Hughes loved Tyler.
Enough to sway him? And don't tell me you didn't think about that.
This isn't about me.
Take a good look in the mirror, my friend.
It's all about you! You want to make me out to be the bad guy here, fine.
But we both know you're like me in this! - No, I'm not.
- Well, you would be if you had the courage of your convictions.
I am nothing like you! Good, because I'm not a hypocrite.
Hold it right there! Could you hold on one second, actually All right, you ready? Say "I'm a moron.
" Leverage, you see, for when you really piss me off.
Okay, you can spring sugar ray now.
Thank you.
WellIt's not not the valerian.
Hey, he had it coming.
Oh, I would go easy on Damon if I were you because you broke his nose and he still agreed - not to press charges.
- Really? - Yep.
- How'd you swing that? I just told him that you were acting out because the woman that you're in love with is marrying another man.
- Nice.
- Just like you said, the truth is always the best defense.
Al flew back this morning, and he wanted me to give you this.
You know, Claire, what happened here, I could have prevented it.
- You did the best you could.
- Yeah, here.
But when I was on the court, when I could have made a difference - Those two, they would have made a good family.
- I know.
Does Glenn know you're here? No.
What's he gonna say when he finds out? He'll understand.
Wow.
That's love.
Yes, it is.
Come on, let's get you out of here.
I'm serious.
Yes, I walked out.
On asbestos defense? I'm shocked.
Not on asbestos defense.
On Bethany.
We Yeah, we broke up.
Don't get your hopes up.
I don't do rebound sex.
- Will you shut up for once and listen? - Uh, no.
I am not who I used to be, okay? And I can't pretend anymore.
Maybe someday you can tell me how you do it.
I went to Delaware.
You can talk now.
Go ahead.
I got nothing to say.
I followed the coordinates on your tattoo to the cemetery.
I saw the gravestone with Lucinda Pearl's name on it.
I know that's not your real name.
What I don't know is what happened to the real Lucinda Pearl? Meaning what? You think I killed her? What, you think I'm capable of that? I don't know what you're capable of.
Sir, this is a crime scene.
You'll have to back away.
What happened? This is an ongoing investigation.
You're gonna have to step back.