Wrongful Death: The AIDS Trial

by Stephen Davis

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  “I live in a studio and my bathroom is just a five-step walk from my bed. After starting to take AZT, I would just lie in bed for hours; I couldn't get up to take those five steps to the bathroom. When I was taken to the hospital, I had to have someone come over to dress me. It caused that kind of severe fatigue… the quality of my life was pitiful… I've never felt so bad.… Then I stopped the AZT and the mental confusion, the headaches, the pains in the neck, the nausea, all disappeared within a 24-hour period. That was 15 years ago….”

  “Thank you, Fred. No further questions.”

  As Fred leaves the stand, Messick addresses the Judge.

  “Your Honor, we've heard from the families of those diagnosed and sick with AIDS, who took AZT and died very quickly, most of them within a year. We've heard from the families of those diagnosed as HIV-positive who were sick, but not with AIDS, who took AZT and died a year or two later. We’ve heard from the families of those diagnosed as HIV-positive who were not sick – had no symptoms of AIDS or anything else – who took AZT and died in two to three years. We’ve also heard from those diagnosed both with AIDS and HIV who did not take AZT and lived, some of them for more than 20 years now. There's only one other group to hear from – those diagnosed with either AIDS or HIV, who took full-strength AZT by itself for three years or more and lived. Unfortunately, they won't be able to testify today, because there isn’t any one left in this group. They all died.”

  “Objection! Inflammatory!”

  Judge Watts bangs the gavel as hard as she can to restore order.

  “Not now, Mr. Messick. Save that kind of remark for your closing argument.”

  “I'm sorry, Your Honor. Then that's the last witness in this section.”

  Judge Watts looks at her watch. “Seeing as how it's almost four on a Friday afternoon, we'll recess until Monday at nine a.m.”