THE GUARDIAN
1X08 - HEART
ORIGINAL AIRDATE (CBS): 20-NOV-2001

WRITTEN BY DAVID HOLLANDER
DIRECTED BY JEREMY KAGAN

TRANSCRIPT PROVIDED BY "TWIZ TV.COM - FREE TV SCRIPTS DATABASE"
PERMISSION FROM SIMONSPHERE, ICONIC SOUP'S SIMON BAKER WEBSITE
ORIGINALLY TRANSCRIBED BY BAR

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DISCLAIMER:
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The following is not a novelization or an actual script but a dry transcript of the aired episode that includes accurate word-to-word dialogues, settings descriptions, action scenes and/or camera movements where the transcriber felt they were necessary. This transcript is archived at "TWIZ TV.COM - FREE TV SCRIPTS DATABASE" courtesy of SIMONSPHERE. "THE GUARDIAN" and other related entities are owned, (TM) and © by DAVID HOLLANDER PRODUCTIONS and ROSECRANS PRODUCTIONS, INC. in association with SONY PICTURES TELEVISION and CBS PRODUCTIONS. This transcript is posted here without their permission, approval, authorization or endorsement. Any reproduction, duplication, distribution or display of this material in any form or by any means is expressly prohibited. It is absolutely forbidden to use it for commercial gain. For entertainment and educational purposes only. No infringement intended.
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TRANSCRIPT:
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Scene: Allegheny County Courthouse

Nick: (arriving late) Sorry ...

Laurie: We should go in.

Lesley: I don't think they want to do this.

Laurie: Nonsense.

Lesley: Here, I can walk. (gets out of wheelchair)

Courtroom

Judge Damsen: You're running late.

Laurie: Mr. Fallin was parking.

Judge Damsen: Where are her foster parents?

Laurie: They're on their way.

Judge Damsen: Ms. Solt, do I need to postpone these adoption hearings again?

Laurie: I certainly hope not, your honor.

Mr. Carlson: (putting his head around the door) Ms. Solt? A moment?

Laurie: I'm sorry, Judge Damsen.

Hallway

Mr. Carlson: We can't do this.

Laurie: Mr. Carlson…

Mr. Carlson: I'm sorry, we can't. We talked about it all last night.

Laurie: Tracy?

Mrs. Carlson: We can't.

Laurie: But surely you're going to go on being her foster parents?

Mrs. Carlson: It's just too much for our family.

Laurie: You're not just going to leave her here with me?

Mrs. Carlson: We talked to her last night. Told her there was a chance we wouldn't do this.

Laurie: Last night?

Mr. Carlson: I think she understands.

Courtroom

Laurie: Take us off the docket. There won't be an adoption.

Hallway

Lesley: It's okay. Don't cry, Ms. Solt.

Laurie: I'm sorry. It's just totally inappropriate. Dammit.

Lesley: Please. I'll be okay. I've had tons of foster parents. We'll find someone else.

Laurie: We've got to get you back to the shelter. Looks like your ride's on its way.

Someone arrives with a wheelchair.

Lesley: Thank you. (She leaves.)

Nick: You okay?

Laurie: No.

Nick: What's going on with the girl?

Laurie: She has congenital heart disease. She's waiting for a transplant. Now she won't get one.

Nick: How does a blown adoption kill her chance to get a heart?

Laurie: They won't give her a heart if she doesn't have a stable home life. If there is not an adult around to make sure her needs are attended to, she's going to die.


Scene: Hospital, Harry Joseph's room

Burton: Harry.

Harry: Hey, Burton.

Burton: How are you?

Harry: I'm all right, I'm all right.

Burton: It's good to see you. I'm sorry, I'm sorry it's been so long. I've been meaning to call. How you doing?

Harry: I'm all right. People our age, when one of us gets sick, we don't want to talk to one another about it.

Burton: I still should've called though.

Harry: On to business, huh?

Burton: Yeah, yeah.

Harry: Stan and Abe send you over here to do their dirty work? I'm assuming that contract I signed thirty years ago is about to bite me on the ass?

Burton: Yeah, well, you've missed eighty-nine days, Harry, and tomorrow is the last day.

Harry: Yeah, I figured it was only a matter of time before Stan and Abe wanted to free up some stock to hire my replacement.

Burton: Right. So here it is. This may sound a little official, but—

Harry: Yeah, let me have it—

Burton: Pursuant to paragraph four-b of the stockholder's agreement, Hopeson Incorporated would like to repurchase your stock—

Harry: Paragraph four-b?

Burton: You know what that says, Harry. 'If a stockholder becomes permanently disabled, the company has the right to repurchase that individual's stock.'

Harry: How much, Burton?

Burton: Just under two hundred thousand.

Harry: That's six cents on the dollar.

Burton: Not according to their evaluation.

Harry: Oh, no, last year, they had a firm offer of thirty million dollars. I own ten percent of the stock.

Burton: Harry, I'm sorry, but it's two hundred thousand. That's their offer. (Harry gets out of bed and starts to leave the room.) Harry—what are you doing?

Harry: Going back to work.

Burton: Harry—what—

Harry: What the hell do you think I'm doing? (He leaves.)

Burton: Harry—open up the door. Open the door, Harry.


Scene: The Incline

Sarah Smalley: What's wrong?

Burton: Huh?

Sarah: You haven't even told me a joke.

Burton: Did I tell you the one about the three-legged pig? (Ed note: see joke at end of transcript.)

Sarah: Yes, you did. So, what's going on?

Burton: Oh, it's work. You know, an old client. Well, the company is an old client. He's the COO. We drafted a very tough contract for the stockholders back in the seventies and now it's screwing him.

Sarah: And you're just doing your job, right?

Burton: He's dying of cancer and they're taking advantage of that fact.

Sarah: Why don't you come over to my house tomorrow night? I'll make you dinner.

Burton: Where's your son?

Sarah: David went to college a month ago.

Burton: Oh yeah, I knew that. I did, I did know that. I'm sorry.

Sarah: So my house is empty. I'd love it if you'd stay the night, for once.

Burton: All right. Tomorrow. I'll call you. After work.


Scene: Hospital

James: His foster father pushed him down the stairs.

Nick: You couldn't have known.

James: I had a feeling when I placed him last year. (They enter ward.) Hey, Richard. How's it going, kid?

Richard: Hi. Who's that guy?

James: Another lawyer I work with.

Richard: Just you.

James: Well, he's going to help.

Richard: No, I don't want him in here.

Nick: Okay, go ahead. It's nice to meet you, Richard. I'll wait in the hall.

Nick leaves and walks past Lesley's room. Laurie is with her.

Lesley: Hi.

Laurie: What are you doing here?

Nick: I was just visiting a patient down the hall with James.

Laurie: I should go. I'll come by later.

Lesley: Okay.

Laurie leaves Lesley's room and talks to Nick in the hallway.

Nick: What happened?

Laurie: She was feeling weak. They brought her in last night for tests.

Nick: And?

Laurie: Her heart's failing.

Nick: How bad is it?

Laurie: Don't know. They keep upping her dose of amnioduron to keep her heart functioning as normal as possible, but they can't keep doing it forever.

Nick: (answers his cell phone) Excuse me—Yeah—no—no—no—file the papers for the Riley deal with the County—yes—today—do it today!

Laurie: What is the matter with you? (snatches phone off him)

Nick: Did I do something to offend you?

Laurie: Wake up! Just wake the hell up! (walks off)

Nick: Hey! Hey! (Goes back to Lesley's room.) Hi, uh, we didn't officially meet.

Lesley: You're Nick, right? The lawyer guy who Laurie likes.

Nick: Oh, I don't think she likes me.

Lesley: Well, she hired you at the last minute to represent me. Said you'd do the right thing.

Nick: She did?

Lesley: I heard her yelling at you.

Nick: Yeah.

Lesley: You upset?

Nick: No.

Lesley: Then why'd you come back here?

Nick: Um, because I just wanted to—

Lesley: Wish me luck?

Nick: No—

Lesley: I know I'm going to die. I've know it for years. It hasn't happened yet, so maybe it won't. You think about dying?

Nick: Sometimes.

Lesley: You afraid?

Nick: No—

Lesley: It's okay, I am too. You know, other times I think it's going to be okay. Like—I was born and I'm alive now and it's all a part of it. So I'll die, like everyone else. I'll die.

Nick: How old are you?

Lesley: Twelve. How old are you?

Nick: Thirty-two.

Lesley: You wanna play a game?

Nick: No, I have a meeting.

Cut to later, Nick and Lesley are playing checkers.

Lesley: Don't.

Nick: What?

Lesley: Let me win.

Nick: I'm not.

Lesley: Yes, you are.

Nick: No, I'm not.

Lesley: Do you think I care if I beat you or not? Like later I'll be lying in bed thinking, what a perfect day. I beat a really cute boy at checkers. You're really handsome.

Nick: Thank you.

Lesley: You are. You think I'm pretty?

Nick: Yeah.

Lesley: No, you don't. I bet I could be. But I don't have any boobs and I've had three open-heart surgeries, so I have terrible-looking scars. Boys probably don't want to kiss me or anything.

Nick: I wouldn't be so sure about that.

Lesley: Have you ever—you know—with a girl who had scars like mine?

Nick: No.

Lesley: I heard that some girls get sympathy sex.

Nick: You have?

Lesley: I've heard that. And you know what? If someone were offering, I'd take one, when I'm older.

Nick: You know sex isn't the most important ... thing.

Lesley: Yes it is. Sex is the most important thing in the world.

Nick: No, it's not.

Lesley: Then what is? (Nick's cell phone rings.) You can answer it.

Nick takes out his phone, changes his mind and doesn't answer it.

Nick: Ah—I think it's your move.


Scene: Hopeson Inc office corridor

Harry enters.

Stan Hopeson: Harry, what the hell are you doing?

Harry: I'm going to work.

Stan: Harry.

Harry: Who the hell is in my office?

Abe Hopeson: Harry.

Harry: Damn you both. (He collapses.)

Stan: Harry.

Abe: Harry.


Scene: Legal Service of Pittsburgh

Laurie: She was born with the problem. Her mother was a teenager and gave her up. She's lived in foster care all her life. Her heart function has deteriorated. She's retaining fluids. Her medication is about to push her into urgent status qualification. There's really nothing more they can do at this point to save her life but get her a new heart. Or they're going to have to let her go.

Nick: And if her former foster parents were to agree to bring her back?

Laurie: She'd have a chance.

Nick: What are their names?

Laurie: You can't just barge into their house and demand they take her back because you say so.

Nick: Are you going to give me the information or will I have to go into Alvin's office and get it myself?


Scene: Carlsons' home

Mr. Carlson: You don't have any idea who we are or why we made this decision.

Nick: All I know is that there is a girl that is about to die because—

Mr. Carlson: Because she has a defective heart, Mr. Fallin, not because of anything me or my wife have done.

Nick: Without you she doesn't have a chance.

Mr. Carlson: She didn't have a chance when we brought her into this home two years ago either.

Mrs. Carlson: It's easy for you, isn't it, standing there judging us?

Nick: I'm looking for help.

Mrs. Carlson: Do you have any children?

Nick: No.

Mrs. Carlson: Are you even married?

Nick: No.

Mrs. Carlson: So, basically, you're a child yourself. You should have the decency to leave us in peace. (She leaves.)

Nick: I didn't mean any offense.

Mr. Carlson: We truly love Lesley. We gave two years of our lives to her. We've been very fortunate. My business has done well, couple of healthy kids. We felt we had a debt to pay. But once this started, what Lesley needs to live, we had to keep all the kids home from school, teach them here. Medications, three times a day. You miss something, she could die. Check her heart rate four times a day, miss a problem, she dies. Trips to the ER, every month. Check-ups. Not to mention the expense. We just couldn't handle it anymore. We love Lesley, but we had to choose our own family first.

Nick: I got it.


Scene: Hospital, Harry's room

Burton: How are you doing? Warren?

Harry: How are you?

Warren: Good morning.

Burton: Harry, what the hell were you thinking?

Harry: I went to work, Burton. It's on the books. I went to work.

Warren: My client is not permanently disabled.

Burton: No, according to the contract, he is. Paragraph seven defines permanent disability as the inability to perform one's duties and obligations for a period of ninety days.

Warren: He showed up for work on day ninety.

Burton: He was driven away by ambulance. Before he reached his desk.

Harry: It doesn't matter. I made it to my office.

Burton: Harry.

Warren: Book value per share, this is ridiculous. The Hopesons rejected a thirty million dollar offer to buy the company just eleven months ago. Based on that number, my client is due three million dollars.

Burton: Based on that number, you're right. But based on the contract, and that's all that matters here, he's due two hundred thousand.

Warren: That's ridiculous, Burton.

Burton: Warren, I know, eleven months ago we were all doing a lot better economically.

Warren: So you're saying that yesterday a thirty million dollar company is suddenly worth two.

Burton: No, I'm telling you what the contract provides and what my client is willing to pay. Harry, you know, if you fight this thing and lose, you're going to have to cover his fee and mine. And I know what Warren charges.

Harry: When we first started this company, I told Stan and Abe to hire you because you were a ruthless son of a bitch, and, brother, was I ever right.

Burton: Thank you.


Scene: Fallin & Associates, hallway

Laurie: It's not as easy as you think. Lesley is in the system, but she's not classified one-A.

Nick: So—

Laurie: So even if a heart came in today, she wouldn't qualify for it.

Nick: So, say I found suitable foster parents.

Laurie: They have to fill a lot of requirements.

Nick: Like what?

Laurie: Have to be able to give medicines, transport people to the hospital, understand the disease, its rejection systems. They have to be solid citizens with plenty of time and resource.

Nick: If I find them, will you let me talk to the patient selection committee?

Laurie: I sit on that committee, Mr. Fallin. Believe me, nothing would make me happier than find somebody in time.

Nick: Cancel that. What else can we do?

Laurie: The usual—agencies. We have to interview potential foster parents, but it's not simple. This is a very powerful story. Not to be crude, but you put the picture of a dog that got hit by a car on the evening news and you get thousands of letters in response, everybody wants to be part of the trauma. But you get the dog home, deal with the fact it needs pills, a trip to the vet, it hasn't been house broken, and before you know it, it's back out on the streets again.

Nick: We're not talking about a dog.

Laurie: No, we're talking about human nature.

Nick: What if I did go to the press?

Laurie: You'd get thousands of responses from well-meaning people from all over the country.

Nick: Isn't that the point?

Laurie: We don't have time for that. We need people from the city, who have been checked out, who meet the criteria.


Scene: Fallin & Associates, conference room, later

Man: (on speakerphone) Pittsburgh Examiner.

Nick: I want a quarter-page ad that reads 'Allegheny County Social Services needs immediate'—now in bold print—'foster parents—for a twelve-year-old girl with congenital heart disease.' Then double space. 'Please contact Nick Fallin, Fallin & Associates, 412—'


Scene: Fallin & Associates, Burton's office

Stan: He was pathetic. It doesn't count as a day of work, walking into the office and collapsing.

Burton: No, it doesn't.

Stan: The contract is solid. Permanently disabled. He hasn't worked in three months straight.

Burton: He's dying of cancer, Stan.

Abe: We're not being heartless. This is just business.

Burton: Well, you think two hundred thousand is fair?

Stan: A deal's a deal. We've already made Harry a rich man.

Burton: He's helped make you rich, too, you know.

Abe: Whose side are you on, Burton?

Burton: He hired an attorney. He wants to fight.

Abe: There's a provision for that, isn't there?

Burton: Of course. In the event of a dispute, the prevailing party is entitled to recover all costs and fees incurred.

Stan: How much will it cost to defend us?

Burton: The fees for both attorneys could run into six figures, easily.

Abe: Oh, tell him to take the money instead of flushing what he has left down the crapper in the dispute.

Burton: All right. I'll tell him. Thank you very much, and it's good to see you and we'll be in touch.

Hallway

Stan: Nicholas.

Nick: Mr. Hopeson.

Burton: Nicholas, I need you to take a case for me.

Nick: Which one?

Burton: The Hopesons.

Nick: Harry Joseph's contract.

Burton: Yeah. I'm too close to this one. Harry's my friend—

Nick is distracted by Laurie, who is ushering people into the conference room.

Nick: I can't.

Burton: Nicholas, I need your head in our business. This work you're doing outside the firm is getting in the way of your obligations ....

Nick: I'm sorry, Dad, I just can't do it today.

Burton: ....And it's not appropriate for you to use our office as a placement center for little girls.

Nick nods and walks off.


Scene: Fallin & Associates, conference room

Nick: Can you measure medications?

Couple #1: Yes.

Laurie: Do you have a car? Do you live near the hospital?

Couple #1: No.

Nick: Do you know CPR?

Couple #2: Yes.

Nick: Good. That's a start.

Laurie: Can you draw blood?

Couple #2: No.

Nick: Do you have any experience as caregivers?

Couple #3: My wife knows CPR. Her father had heart problems and she took care of him for three years before he died. What do we do next?

Laurie: Come down to Social Services and we'll verify your financial information and you can fill out the forms.

Couple #3: Good.


Scene: Hospital, Harry's room

Burton: Well, the offer is still at two hundred thousand.

Harry: They're screwing me. I couldn't do this to either one of them.

Burton: The contract can't be modified, Harry. It's the way you wanted it to be.

Harry: Burton, as a friend, tell me the truth. What would you do?

Burton: I'd file a lawsuit tomorrow morning.


Scene: Burton's house

Sarah: I have spent the last twenty-one years being accountable to my children. When I got divorced, every date I had had to be over by their curfew. What is it?

Burton: My son.

Sarah: I'd like to meet him.

Burton: No, we don't exactly share each other's personal lives.

Sarah: Why not?

Burton: His mother. We were divorced when he was ten. She got sick a few months after that and she died when he was twelve years old.

Sarah: You think he blames you for that?

Burton: She would say to me during the divorce, she would say to me 'You're killing me, you're killing me' in front of the boy.

Sarah: In front of Nick.

Burton: Yeah ... 'You're killing me.' She said that, he heard that and she died.

Sarah: But he's older now, I mean, he must understand.

Burton: No, I don't think kids ever get over things like that.

Sarah: Well, I'd like to meet him. You should introduce us. I think it's time he knew about me anyway, don't you?

Burton: Yeah.

Sarah: You ever think about having another child?

Burton: God, no.

Sarah: I mean adopting. I've thought about it. A little girl like this could use people like us.

Burton: I'm a little bit too old for that, okay?

Sarah: No, you're not. We could do it together.

Burton: You know what I think? I just think you're just lonely 'cuz your kids are off to college.

Sarah: Well, aren't you a little?

Burton: Honey, this talk makes me—

Sarah: It's good, it's good.

Burton: I don't want to be a father again, okay? That part of my life is over.

Sarah: Well, what do you want?

Burton: This is fine by me, just like this. Okay?

Sarah: Okay.

Burton: Tell you what. You pick the night. You come over to the office. We'll take Nick to dinner. You can meet Nick—he meets you. Okay?

Sarah: Okay.


Scene: Hospital

Nick: What the hell happened?

Laurie: I told you not to come.

Nick: I heard there was a heart available. We have a couple that want to be Lesley's foster parents.

Laurie: They have pets, birds, they wouldn't give them up.

Nick: What are you talking about?

Laurie: Birds carry disease. Lesley would be susceptible. If they won't give up two birds, they're not going to give up everything else they have to, to be her guardians. I'm sorry, Nick. (Sees doctor.) Dr. Ridestrom.

Dr. Ridestrom: Yes.

Nick: I'm Nick Fallin. I work with Laurie Solt. I'm trying to find foster parents for Lesley Walker.

Dr. Ridestrom: Good luck.

Nick: If we can find them by the end of the day, is there any chance that Lesley could have that heart?

Dr. Ridestrom: Mr. Fallin, I appreciate your interest, but that heart will be transplanted within the next six hours.

Nick: She's dying. I can't just let that happen.

Dr. Ridestrom: I know you mean well, but you must understand. At any given time, there are over four thousand people waiting for a chance like this. If I waste one heart, then two people die. Ms. Solt?


Scene: Hospital, Lesley's room

Lesley: It rained last night.

Nick: Yeah.

Lesley: Around here, rain, snow—people get excited.

Nick: Why is that?

Lesley: Car crashes. It's sick, I know. But we watch the news with a totally different angle. It's all about potential organ donors. Pile-up on the freeway ... well, did a girl about my age die? I heard about the heart.

Nick: I'm sorry.

Lesley: It's okay. The eighteen-year-old girl down the hall is going to get it.

Nick: Yeah.

Lesley: She's sweet. She deserves it.

Nick: Lesley, I'm doing everything I can.

Lesley: Of course you are.

Nick: I'm sorry.

Lesley: When you talked to the Carlsons, they told you, didn't they? How hard it was? Do you have any idea how it feels to be a burden? It's disgusting. Either way, I'm fine. If I'm out of this body, I'm free. The only way I want to live is if I'm strong enough to take care of myself. Otherwise, what's the point? I mean, really, waiting around for a cute boy like you to come and apologize to me?


Scene: Fallin & Associates, Burton's office

Nick: I'm sorry about the Riley case.

Burton: Jake covered for you. He wanted you to look over these files. Any luck on that ad?

Nick: It didn't work.

Burton: Being a parent—

Nick: Yes.

Burton: Well, I certainly wasn't a natural at it, that's for sure.

Nick: You were fine.

Burton: Don't lie to me, son. You know when you got arrested? The first thing I did? Picked up the damn phone and called your mother. She'd been dead for nineteen years. I still had that number in my head. I just thought she could handle it better. That's the way I did it. Just left it up to her. When she died, I left it up to babysitters, prep schools, and—

Nick: We don't have to talk about this.

Burton: No. Nick, you're a man now. Whatever chance I had with you when you were a kid—you're a man now.

Nick leaves.


Scene: The Incline

Nick sits down next to Laurie with a smile.

Laurie: What is it?

Nick: I want to become Lesley Walker's foster parent.

Laurie: You're not suitable.

Nick: Why not? How could it hurt?

Laurie: You're on probation for drug possession.

Nick: If I could just take her in for now, she would get a heart.

Laurie: You work eighty-hour weeks.

Nick: Well, if it doesn't work with me, then she's easier to place.

Laurie: You're immature, you're not married.

Nick: If she's a healthier girl who has a heart already, it's not such a daunting task for an adoptive parent.

Laurie: You have no experience. You can't just take her in as a legal ruse to get around the system.

Nick: Why not?

Laurie: Because it's not done is why not. It flies in the face of all the rules we've set up out of fairness.

Nick: Then it's fair to let her die?

Laurie: Of course not.

Nick: You think I'm suitable, Laurie. I'm not going to ask you to say it right now. I'm going to walk back to Legal Services and I'm going to let you think about it, but I'm going to do this.


Scene: Legal Services of Pittsburgh, Alvin's office

Alvin: Absolutely not.

Nick: Come on, Alvin. I have seen some of the parents who come through here.

Alvin: You have to ask yourself why you're doing this.

Nick: Because someone has to.

Alvin: Yes, but why you?

Nick: Why not me?

Alvin: There's a reason you're a single man, on probation, who works two full-time jobs. There's a reason you are like you are.

Nick: Like I am?

Alvin: You don't strike me as someone who knows how to be around other people full time.

Nick: And how would you know?

Alvin: 'Cuz I can't do it either.

Nick: Well, I'm withdrawing myself as Lesley Walker's lawyer. She's going to need you to represent her from now on.


Scene: Hospital, Lesley's room

Nick: I have a present for you. (Lesley looks doubtful.) What?

Lesley: You're blowing me off, aren't you?

Nick: No.

Lesley: You probably thought about it all night on how to break it to me, then when you woke up, you found you were so guilty, that you went to the store, like all the other rich people, and brought me a present, to make yourself feel better.

Nick: Do you want it?

Lesley: Well hell yes, I want it, but only if it makes you feel better.

Nick: Yes, it does. (Gives her CDs and player.)

Lesley: So, now's the time you say goodbye and wish me well, right?

Nick: Well, Lesley, I want to be your foster parent.

Lesley: You.

Nick: Yeah.

Lesley: No.

Nick: Why not?

Lesley: I have impure thoughts about you.

Nick: I'm trying to be serious.

Lesley: Tell me something, what about me makes you want to do this?

Nick: Well, firstly, you need a heart.

Lesley: That's not a good enough answer, because after I get one, you still got me.

Nick: My parents—

Lesley: Yeah?

Nick: My mom died when I was young, and my father sent me away, but I'm still angry, and I met you and everyone's abandoned you and you're the strongest person I've ever met and I don't like the idea of you dying.


Scene: Courthouse, hallway

Alvin: Rebecca.

Judge Damsen: Yes.

Alvin: I've got a problem.

Judge Damsen: What is it?

Alvin: That guy I got working in my clinic doing his community service.

Judge Damsen: Nicholas Fallin.

Alvin: He wants to be considered for a potential foster parent for a young girl named Lesley Walker—she needs a heart.

Judge Damsen: Oh, right, I remember. Are you recommending him?

Alvin: I'm not the arbiter.

Judge Damsen: Well, what do you think of him?

Alvin: Well, I've only known him for a couple of months and I don't particularly like him.

Judge Damsen: But?

Alvin: He impresses me.

Judge Damsen: Well that doesn't speak to his being a foster parent, Alvin.

Alvin: No, no, it doesn't. I just don't think it's fair for me to make the decision.

Judge Damsen: You're passing the buck.

Alvin: Yeah.

Judge Damsen: Have him in my court in two hours.

Alvin: Thank you.


Scene: Fallin & Associates, Burton's office

Sarah enters. Nick and Burton are working at the table.

Sarah: Hello.

Burton: (surprised) Sarah—hello—come on in…

Sarah: My appointment was cancelled, so I'm a little early.

Burton: Oh, Sarah, this is my son, Nick. This is my very good friend, Sarah Smalley.

Sarah: It's great to meet you. I've heard so much about you.

Nick: Well, I've got a lot of work to do, so I'll take it into the conference room. It was nice to meet you. (He leaves.)

Sarah: Oh, well yes—aren't the three of us supposed to have lunch together?

Burton: Honey, I'm sorry, I completely forgot.

Sarah: You forgot.

Burton: We were working on these contracts and it went right out of my head. I'm really sorry.

Sarah: We finally set up lunch so I can meet your son and you forgot.

Burton: Honey, I told you, I told you. I'm not good at this. I mean I try, but ultimately, I'm not easy to be with. You look great.

Sarah: You like to blame yourself, don't you?

Burton: Excuse me?

Sarah: Well, you tell yourself it's your fault and that'll make me feel better.

Burton: Wh—?

Sarah: Well, you know what? It doesn't, it makes you feel better.

Burton: Sarah—whoa—wait a minute—wait—

Sarah: You know, I don't think this is going to work. I mean, the truth is, you're self-absorbed. You know, you sit around wondering why you're not closer to your son, but you actually like the distance you've created because it lets you sit back and do nothing, and spend more time with yourself. (She leaves.)

Burton: Wait—Sarah—Sarah—whoa—Sarah—Sar—

Nick: (emerging from conference room) That your girlfriend?

Burton: Was.

Nick: Yeah. (phone rings, he answers) Yeah, I'll be right there.


Scene: Courtroom

Lawyer: Your honor, Nicholas Fallin pled guilty to misdemeanour charges of drug possession, and that was a plea bargain down from much more serious charges. He is currently on probation, he is single, and he's showing no apparent aptitude to take care of himself, let alone a special needs child such as Lesley.

Judge Damsen: Mr. Fallin?

Nick: (on the stand) I'm fulfilling the requirements of my probation. It won't be a problem.

Lawyer: Let's say it becomes one. He slips, does something foolish, ends up in jail. Who would take care of Lesley?

Nick: I'm not going to slip.

Lawyer: Your honor, Mr. Fallin can't guarantee that.

Judge Damsen: Ms. Solt, do you agree with your agency's position?

Laurie: I don't know what to think. Officially, of course, I concur in our position.

Judge Damsen: Personally?

Laurie: I don't know. A few minutes ago, I overheard someone in the hall talking about Nick Fallin. They called him a son of a bitch. He is—that. He can be rude, stand-offish. When I first met him, I truly disliked him. But of all the imperfect people I've met in this world, and that would be everybody, Nick is one of the few who lives by a set of standards. I do think his mind is set on this. I do think he has the right things in his mind. And he's is the kind of person who will follow through. Might be just to prove other people wrong, but he follows through.

Judge Damsen: Have you ever been in a long-term relationship, Mr. Fallin?

Nick: No.

Judge Damsen: Then why do you think you're prepared to have one now? You don't know?

Nick: You know, I know I'm meant to say something extraordinary here. But all I can say is that I won't let Lesley down. I know I failed myself, that's true, I admit that. But I will not fail that girl. I will not fail Lesley.

Judge Damsen: Lesley Walker will be placed in the care of Nicholas Fallin who is also immediately appointed as her medical guardian.


Scene: Hospital, meeting room

Dr. Ridestrom: Let's say Lesley Walker receives her new heart. He chances of survival are decent, but her needs will be extraordinary.

Nick: I understand that.

Dr. Ridestrom: I don't know if you do. Keeping Lesley alive requires putting her through lots of pain. As a caregiver, you have to be prepared to hurt to help.

Nick: Okay.

Dr. Ridestrom: Her discomfort will be extreme at times. Her survival after the surgery is still tenuous, painful.

Nick: I understand that.

Dr. Ridestrom: Three previous open-heart surgeries makes her chances of even surviving the transplant fifty-fifty. Stress from the surgery can do neurological damage. She simply will not stand up from surgery and be a normal child. She will never be a normal child. And you will never have a moment's peace. And all the time, work, money, and love you give may end in a profound sense of loss. Do you understand that, Mr. Fallin?

Nick: Yes.

Dr. Ridestrom: So you still want to do this?

Nick: Yes.

Dr. Ridestrom: All right. Then we'll get back to you. If you don't mind, the meeting's in here.

Nick leaves as hospital staff enter for the meeting.


Scene: Fallin & Associates, Burton's office

Burton: You know he's hired a crackerjack attorney.

Abe: What are you saying?

Burton: He's making the argument that your recent investments to modernize the plant occurred after Harry got sick.

Stan: Is this argument valid?

Burton: It's not ridiculous. If it gets in front of a jury, it'll be problematic.

Stan: Harry'll be dead by then.

Burton: Well, his widow will claim you two rich guys screwed a cancer patient.

Abe: Does he have a valid legal argument here, Burton?

Burton: Well, I wish he did.

Abe: Excuse me?

Burton: Look, thirty years ago we were all young men, no one was going to get sick or die. It was all about protecting ourselves from an older generation of future stockholders. Not from each other. Now, he served you pretty well. Why would you want to do this to him now?

Abe: Burton, close the deal at two-hundred thousand.

Burton: If I don't?

Stan: Close the deal, Burton. We won't ask you again.


Scene: Legal Services of Pittsburgh

Laurie: Heart's available.

Nick: Is it a match?

Laurie: It'll be there in two hours—let's go!

Nick: Oh—my keys—keys…

They leave in a hurry.


Scene: Hospital

Lesley is on a trolley being prepared for surgery.

Nurse: This is cyclosporin. This'll make it so that your body won't attack the new heart.

Dr. Ridestrom: Hi, Lesley.

Lesley: Hi.

Dr. Ridestrom: I need to inform you—

Lesley: I know—that I might need blood. And if you feel the organ is not suitable for my body, they might call off the operation.

Dr. Ridestrom: That's right. And I wonder if you're aware—

Lesley: And I understand I might die in this operation and I give you my consent to do it anyway.

Dr. Ridestrom: Do you give your consent, Mr. Fallin? You are Lesley's medical guardian. (Nick signs off on form) All right, Lesley, we're going to take you down to the operating room now.


Scene: Hospital, waiting room

Nick waits.


Scene: Hospital, Harry's room

Burton: I can come back.

Harry: No, No, come on in.

Burton: You're sure?

Harry: Yeah, come on, come on.

Burton: Well.…

Harry: Stan and Abe, huh? Well, they'll never budge.

Burton: Not an inch, bastards.

Harry: Hell of a deal. Buying back ten percent of the company for a fraction of its value.

Burton: Business, Harry, pure and simple.

Harry: Business.

Burton: And if you lose, you know what happens, so.…

Harry: And if I win?

Burton: Truth be told, I hope you do—hope you kick their ass.

Harry: But you're not going to roll over, are you, Burton?

Burton: Not in my nature, Harry.… Not in my nature.…

Harry: Uh, yeah. I've still got a lot of fight left in me. I'm not going to die.

Burton: Well, I'll tell them you rejected the offer. Okay?

Harry: Uh-huh.

Burton: I'll see you later, pal.

Harry: See ya.


Scene: Hospital, waiting room

Laurie approaches Nick and sits.

Nick: She didn't make it, did she.

Laurie: They never got the heart in. They were able to save it, though. They gave it to a nine-year-old boy. Nick—you all right?

Nick: Yeah—yeah—I'm fine. (He leaves.)


Scene: Hospital, foyer

Burton leaves via the main doors. Nick arrives in the foyer, realises he forgot his briefcase and goes back.


Scene: Hospital, Lesley's room

As Nick enters, orderlies are clearing the room. One of them picks up the CDs and player.

Nick: Take it, just take it.

Orderly: Thanks.

They leave and Nick sits by Lesley's bed. Laurie enters.

Laurie: I know you just wanted her to live. If she had, you would have walked up to me, shrugged, and said, 'Go find her a home, Laurie.' Isn't that right. Isn't that right?

Nick chokes on sobs in Laurie's arms.

END OF EPISODE

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