Right to Life: The Brain Donor

Chapter 5 - Who’s a pretty, pretty princess?

Heidi and Becca ended up breaking their leases, and moving in together. That meant, of course, that I came along. I was tired, both emotionally and physically. Emotionally from all the upheaval and drama. Physically from the therapy. While I was pretty much recovered, I was still encouraged to explore my limits and learn the boundaries of my new body.

I was out for a jog with Heidi, complaining about the red wig and sunglasses I was forced to wear. For her part Heidi had on sunglasses as well as a Baseball cap. I was getting into better shape, my body losing some of the fat that had accumulated and I was feeling fit. My little frame was filling out. Not like super muscular, but trim and in shape.

We reached home and Becca was waiting for us.

“I have some news. The Board has come around, they wish to meet with us. I informed them that the mother contacted us, and that she told us about ‘Cindy’, while we haven’t followed up on that, they know that I am not under the confidentiality agreement, not is Thomas.”, Becca stated.

I nodded my head. I didn’t want to know anything more about Cindy. After I had heard that name weeks ago, I had nightmares. Having a name made her more real somehow. She was no longer just the donor. She was a real little girl that had died. A girl that should have this body. If the Mayo Clinic board wanted to meet with us, they were afraid that I would expose them. This gave me freedom, in a way. I could leverage this into a new life. I’m a non-entity, as both myself and Cindy were dead. I didn’t want to reveal myself as Cindy, but if the clinic gave me options, damn it, I would take them.

Becca, Heidi, and I sat for a while and planned. After some calls, a meeting was arranged hastily.

Three days later we sat in the office of the Board of the Mayo Clinic. I looked down at the black flats I had on, shiny, with a strap across the front and silver buckle. The white tights and black skirt were paired off with a white blouse with silver buttons and a rounded collar. I kicked my feet like a kid in a too-high chair. The lawyers were late, no doubt trying to make us sweat it out, and make some sort of psychological point.

The lawyers and doctors walked in and sat down, looking at us across the table. Looking squarely at me, the Lead attorney greeted us.

“Ladies”, he said in a smug tone.

I frowned and leaned forward, but sat back when I felt Heidi’s arm across my stomach. Becca sat there, looking at the lawyers, her own expensive outfit showing that she was not to be trifled with.

“Gentlemen, I called for this meeting, because a… situation has arisen that you would be advised to cooperate with us concerning. Recently, it has come to our attention that the family of the minor girl whose body was used in Mr. Kinkaid’s surgery was not informed of the intended use of the body. Now due to Miss Westerlain’s non-disclosure agreement, she is prohibited from telling anyone about the surgery. Mr. Kinkaid and myself… not so much, actually. Now It would be a shame if the story of how a grieving mother had discovered that the body of her precious daughter was misused, and had not been cremated, but had actually been used without her consent in a medical experiment.”

The Head of the board, a large, imposing man of about 50 stood up. He was muscular, but also balding and carrying some extra weight around the midsection. A sure sign of his love for good food.

“What exactly are you getting at, Miss. Erikson?”, the man asked in a cautious manner.

“My client and I will agree to not disclose his situation to the family, or the media… In exchange for testimony in court about my client’s legal status. We will petition the court for the records to be sealed. All we want is to Establish a new legal identity for Mr. Kinkaid. Additionally, all medical aid and assistance will be continued, and a trust established for my client to receive upon their legal reaching of 21 years of age physically, based upon the age of their current body. I highly suggest that you take this offer, as I’m sure the family of the little girl would demand a far more expensive settlement, and public acknowledgment of wrong doing. What you accomplished was a good thing, and my client’s life was saved because of it. I don’t want the doctors that performed this miracle to lose their licenses to practice medicine.” Becca finished her statement, and pushed a stack of papers over to the lead attorney.

He was definitely flustered. “May we have a moment to discuss this offer, in private?”, he asked.

Becca nodded and we walked out into the hallway, where I sat down on a convenient bench. Becca and Heidi bent down and hugged me. I squirmed uncomfortably, and they realized their mistake and let go.

“Sorry, that was insensitive of us.”, Heidi apologized. “If this goes through though, there may be complications though. Complications to your daily life.”

I cast my gaze down. “I know. To the rest of the world, I’m going to be a 13 year old girl. You will probably have to put up with me living with you or something, being in the way. It’s not fair.”

Heidi sighed and hugged me. “I know it’s not ideal, but it’s the best we can do. There is a lot that will be needed to be sorted out, and would you rather we were there to help, or some strangers?”

“You, of course”, I said.

****

In the end Becca negotiated a nice settlement, with a cash pay-out, medical care for life, and a trust set up for when I reached an appropriate physical age to go to college again.

Additionally, the clinic would provide assistance in setting up my identity. Becca had explained that it was in the institution’s best interest to quietly assist me, rather than go through an expensive court case that could pay out far more, and would certainly tarnish the reputation of the facility.

Thus it was that only a week later we were in court. I sat in the chair next to Becca, fidgeting with the hem of my skirt. The courtroom was clear, save for myself, Becca, Heidi, the court reporter, a bailiff, and another lawyer.

I looked up at the bench, as the judge cam out from chambers. She was a rather tall black woman, approximately 50 or so, with glasses, and her hair back in a bun. She took her place on the bench and conversed with the court reporter for a moment before addressing us all.

“Usually I like to know what I’m dealing with in greater detail. I am intrigued that someone with enough pull managed to get the senior circuit judge to call for a closed court hearing on a… what? Legal name change?” The judge asked, perplexed.

“Your honor, Rebecca Erickson, representing the petitioner. I apologize for the cloak and dagger routine, it was not our intent to spring this on you. I fear that the theatrics were at the behest of my colleague here.”, Becca stated, motioning to the other attorney present.

The other lawyer stood up. He was a tall, slender man of perhaps 60 or so, standing easily 6’4”- 6’5”, with gray hair and a fancy Italian suit. “Your honor, Wentworth Hightower, representing the interests of the Mayo Clinic. This amount of secrecy was necessary due to some potentially… revolutionary medical advances that took place in this case.”, the counselor stated in a dispassionate tone.

Becca continued. “In addition, there is the matter of my client’s privacy if the information we are about to reveal were to become public.”

The Judge looked at them both, with an arched eyebrow. “Very well, I will keep the records sealed for now, but this had better be good.”, she said.

Over the course of the next four hours evidence was introduced as to my past identity. Death certificates were provided for myself and Cindy, whom I learned was named Cynthia Marie Holmes, as well as confirmations of her donor status. While I thought the way the forms were worded seemed a bit shady, I kept my mouth shut. Eventually I was brought up to the witness stand and was sworn in.

Becca stood in front of me. “We have heard and read the documents submitted into evidence as far as your past identity as Thomas Kinkaid, as well as the information concerning Miss Holmes’ unfortunate brain aneurysm. Unfortunately as Miss Holmes was declared brain-dead, and your body was declared as dead, there is no legal president for your current legal status. What do you wish from the court today, Miss Doe?”

I sighed at the name she called me, for legal reasons. The case was petitioned under the name ‘Jane Doe’, and then I pleaded my case. “Your honor, I realize that this whole thing is a bit unusual. I only wish to get on with my life. I know that things will never be the same. I’m not a 24 year old man anymore. And while I don’t really wish to be stuck as a 13 year old girl, this is the hand I was dealt. I honestly don’t know where to go from here. I mean who would hire me looking like this? Who would take a 13 year old girl seriously in college? Miss Erickson and Miss Westerlain have cared for me like a member of their family.”

The Judge reviewed all the information, and then went back to her chambers.

After an hour, in which I mostly sat and chewed my fingernails down to practically nothing, the bailiff called us back into the courtroom. We were seated as the Judge entered and returned to the bench.

“I have reviewed all the information. Considering the sensitive nature of the information, and the privacy concerns involved, I will grant the petition for legal status determination. I have seen enough evidence that the girl in front of me is the man formerly known as Thomas Kinkaid. However, considering the welfare of the petitioner, I can not in good conscience release her out into the world without a support system. My ruling is that I will grant the petition on the condition that Miss Westerlain formally adopt you as her legal daughter. Miss Westerlain, is this agreeable with you?”

Heidi stood up and smoothed her skirt, looking at the judge, she spoke up. “Your honor, I will gladly accept these terms, and I will provide the best care and support I can to her, teaching her everything she needs to know and I will care for her as if she were my own child. I have gotten very close to Thomas during his… her rehab, and I will protect her with all my strength.”

The judge smiled and looked at me. “Miss Doe, are these terms agreeable with you?”

I nodded enthusiastically. “Your honor, I could not think of any better situation.”

Looking back at me, the judge asked the all-important question. “What name should I apply to the official record, in so far as your legal papers?”

I looked back at Becca and Heidi. “I think I would like my new mother to pick.”, I said with a smile.

Heidi put her arm around my shoulder, as she stood beside me. “I think that I like the name Thomassina Alicia Westerlain, or Tomi for short”.

I felt tears as I acknowledged her not only giving me her last name, but the decision to keep my old name, as something I could cling to.

The Judge talked to Becca and Mr. Hightower about the sealing of the records, and legalities pertaining to Social Security, birth records, and other things. I didn’t hear word one. I was so elated to just be recognized again. That stuff could wait, as far as I was concerned. I was a person again.