Preparing for ‘Our Crusade.’

After obtaining all of the details about the ‘Vaccine Injury Act’ we were ready to begin. Remember, this is before the internet, and there were no handy websites to help us. Today there are many resources available through the ‘world-wide-web,’ as well as books and guides.

We knew one thing for sure. We needed to find a lawyer… a good one to help us with the fairly complex procedures and documents we would have to submit. I began to ask around and find someone who would take up ‘our crusade.’

I mentioned this to a co-worker who immediately said,

“I know just the guy. He goes to my church. His name is Robert Aldridge.” 

I thought, ‘another Robert,’ remembering Dr. Robert Burton, who our working with had always been a delight.

It’s intriguing to me, that if you look up the meaning of the name ‘Robert,’it literally means ‘bright fame.’ So far it had worked out very well, and so I called and scheduled an appointment.

Another ‘Jessica adventure’ was about to begin. One that would become very, very important for our future.

We were starting to see some light at the end of our tunnel. The entire ‘Vaccine Injury Act’ thing, seemed like a fairly straight forward process.

“Surely this can’t take very long,” I had said to Renée confidently…

…boy was I wrong!

Our Day in Court…at Last!

One and a half years later, I sat in the courtroom, nervously fidgeting with my pad and pen, as the Judge began to speak, “I am going to rule on this case right now without further delay.” My heart was in my throat.

It was May 21, 1991. We had just concluded our case after many, many months of battles and twists and turns, as we struggled against the United States Department of Justice, to prove our case.

I had done all of my own research and helped our lawyer prepare our case. We had a unique situation. We had been in the same location and had maintained the continuity of our medical care. All of the doctors and medical records were readily available, and over the years, we had been exhaustive in our elimination of other possible causes.

Our Case was Too Good!

That was exactly the problem. And so the legal minds at the ‘Justice’ Department decided to make us a ‘test case,’ or should I say a ‘benchmark,’ if you will. Realize of course, at this time, there had been a very small number of these cases filed and none from our State, and so they knew, if they could find a basis to deny us, it would by legal precedent, set the bar very high for the many cases sure to follow. We were a pawn in the greater battle being waged.

So they had turned all of their legal firepower on us to try to destroy our case. To ‘shoot us down in flames’ was their goal.

The battle had ebbed and flowed as the months had rolled by.

Initially, they had completely denied our claim by misinterpreting all of the dates. I am not sure if they did that intentionally or accidently, but I do remember staying up all night going over and over the material until I figured out the convoluted way they had twisted the truth. At times, when I felt like throwing in the towel, I would look at Jessica sleeping there, take a deep breath and go on. She was worth fighting for. That night, I resolved in my heart once again, to absolutely never, ever give up.

Now we were facing the moment of truth. We were standing at a critical crossroad in our lives. It was a huge event.

A Long Exhausting Day.

Our lawyer, Robert Aldridge, had turned out to be a real ally and just the ‘crusader for justice’ we needed. He agreed to take our case ‘pro bono.’ In other words, he didn’t get paid if we lost. He was a tremendously capable and experienced trial lawyer.

We had all testified that day.

Our nurse friend, Charlotte, who we had thankfully involved in several critical steps along the way, was there, Dr. Burton was there, and many other key witnesses had offered testimony.

I remember when I testified, and the Judge asked me about the Halloween night experience, when Jessica had first been first affected. I was describing the moment, when Renée and I had stood by the car and she turned her worried face up to me and said…

“There is something wrong with Jessica!”

When I had tried to say those words, for a few minutes there, I was so overcome with emotion that I couldn’t speak. Everything was swimming in front of me. I was back there again, and I could feel the cold night air, the autumn leaves crunching underfoot, and see her breath as she spoke, and it was just too much. The emotion was too strong, as the significance of that moment overwhelmed me. I remember fighting back tears as I struggled to answer.

It was very humbling.

The Verdict.

I held my breath, as the Judge began to speak.

“I am ruling in favor of Jessica Walker and her family,” the judge’s booming voice echoed in the hushed courtroom,“…they are entitled to full compensation.”

I wrote on my pad that day, just two words…

‘WE WON!’

A huge weight had floated off my back. I felt light as a feather! In my mind’s eye I could see the beautiful color photo that Arnold Gold had snapped of Jessica that sunny spring day many years before, and Jessica was smiling back at me.

It had been a real ‘David versus Goliath’ story, because the giant government entity called ‘The Department of Justice,’ had thrown everything at us that they could, but we… had… won!

Next Week: “The Laugh that Shook the Earth.”

I will continue to share the answers to the question “What happened to Jessica?” every Monday in the weeks ahead. When I have received sufficient feedback and questions, I will add a Thursday episode, as needed, to this blog, focused on answering your questions and comments.

Thanks for your interest.

Jim, Renée & Jessica