Insurance Dispute Lawyer Blog

Ochsner embryo mixup develops as government investigates

Published on: September 28, 2009 | By Berniard Law Firm

While the embryo mixup that occurred in the Louisiana hospital outside New Orleans was bad news for families who had stored there, recent news makes the situation worse. The unfortunate reality, it appears, for those couples whose embryos were kept at Ochsner Hospital Elmwood is that, even if they could be identified after being mislabeled, a failure to screen them for sexually transmitted diseases when freezing took place makes them inviable to implant. The suit filed a couple earlier this month is the second filed against the hospital after another couple found that the embryos they had frozen at Ochsner Hospital Elmwood went missing. That the mislabeled embryos are not even viable even if identified is a harsh addendum to an already tragic and sad event.

The hospital has shut down its in vitro program indefinitely so as to attend to the problems that obviously exist before continuing. Ochsner CEO Pat Quinlan has stated the problem and shutdown arrives from a “significant labeling issue, which makes us unable to account for all the frozen embryos in our IVF center.”

What this means to New Orleans residents is simple: any couple or woman who has had embryos frozen at Ochsner Hospital Elmwood needs to contact the hospital immediately to find out the status of their frozen embryos. The hospital has stated any patients concerned with the status of their embryos should call concerns can contact Ochsner by calling 866.631.9783 or send e-mails or questions to questions@ochsner.org. As both of these appear to be public manners of contact, an important next step for patients would be to attain legal counsel.

Ochsner shuts down in vitro after mislabeling of embryos

Published on: September 26, 2009 | By Berniard Law Firm

It is hard to think of something that could be more traumatic or concerning for families looking to in vitro for pregnancy options beyond what seems to now be the reality many are facing today. In New Orleans, Louisiana, Ochsner hospital has shut down their in vitro fertility program after realizing that their Elmwood facility is currently facing a huge mismanagement issue of embryos. As embryos are an integral part of in vitro pregnancy for families looking to have children, the fear for some is that this mismanagement has led to terrifying questions that remain to be sufficiently answered.

The Times-Picayune reports that the facility has shut down its program indefinitely in light of a recent discovery that its embryos have been mislabeled.

In her feature, Michelle Hunter reports

Senator scolds federal agency; More tax reductions for residents

Published on: September 25, 2009 | By Berniard Law Firm

Bringing to you two different pieces of news from this past week, Chinese drywall has been a hot topic in the news in a mixture of good and bad. With tenants being moved from their homes, as profiled yesterday, to increased governmental actions to keep citizens safe, action seems to be on the rise on a matter that unfortunately remained stagnant for some months.

First, a US Congressman has stepped out to address the long delays involved in the governmental investigation of Chinese drywall. The Virginian-Pilot reports

U.S. Sen. Mark Warner sent a letter Tuesday admonishing a federal agency for delays and missed deadlines in its investigation of the impact of Chinese-made drywall.

Times-Picayune features unfavorable Chinese drywall lawsuit status

Published on: September 24, 2009 | By Berniard Law Firm

A very good front-page piece came out in today’s Times-Picayune summarizing the difficulties faced by homeowners in Louisiana in regards to suing for the installation of Chinese drywall put in their homes. Featuring a timeline of the various tort reforms enacted over the years in Louisiana, the piece will give those not in the know about the legislative enactments over the year an idea of what processes could have been available and just how much those doors have been closed.

The feature, available online and, again, in today’s paper, recounts

Back in 1996, the Louisiana Legislature passed one of the nation’s most aggressive tort reform acts to fulfill a campaign promise of then-newly elected Gov. Mike Foster to improve Louisiana’s business climate.

Tax benefits coming for Louisiana Chinese drywall victims

Published on: September 23, 2009 | By Berniard Law Firm

Good news emerged yesterday for residents of Louisiana with Chinese drywall. The State Tax Commission is allowing those slammed with the plight of owning homes with the defective wallboard to have their assessments reduced to reflect their degraded value. While some had worried before that the property tax assessments would be based on what the homes should be worth, the state is offering reprieve that could mean thousands of dollars in savings for people who truly need it in the wake of this imported problem.

WWL reports

“These people are going to have to disclose to a new purchaser even if it’s fixed,” said St. Tammany Assessor Patricia Core. “Even if the drywall is completely replaced, this home had Chinese drywall, and it’s going to be very difficult for them to sell their house even after it’s repaired.”

CSPC chair visits Chinese drywall homes in Florida

Published on: September 22, 2009 | By Berniard Law Firm

Visiting Cape Coral, Florida, to see firsthand the Chinese drywall that has caused so much problems for residents of the Gulf Coast, Consumer Product Safety Commission Inez Tennenbaum had some positive things to share and an optimistic approach for governmental action in the future.

NBC 2 in Florida reports

Tennenbaum wants to see homeowners like Pat and Richard Kampf finally get the help they need.

Frustration setting in for builders over Chinese drywall

Published on: September 21, 2009 | By Berniard Law Firm

What’s often overlooked in the Chinese drywall matter is regardless on liability, many builders have been caught off-guard and hit hard by the faulty wallboard issue, even when homes they produced do not have the material. With an understandably cautious home-buyer base in the Gulf Coast, some builders are reaching a breaking point with their business, and patience.

One builder in Florida explained his, and many other builders’, plight

“The stigma that’s been attached to us as a builder because people know we have two homes that were built with Chinese drywall … it’s just a nightmare,” Harvey said.

Habitat for Humanity not having any Chinese drywall issues

Published on: September 19, 2009 | By Berniard Law Firm

A quick news bit from WWLTV regarding a very positive sign coming out of Habitat for Humanity in regards to drywall they used to build homes in the wake of Hurricane Katrina:

“When we started hearing stories break in Florida about Chinese drywall, we had our drywall tested proactively, just out of an abundance of caution,” said Aleis Tusa, a spokesperson with the New Orleans-area Habitat for Humanity.

Eyewitness News obtained a copy of a report released by Columbia Analytical Services, a testing lab in Simi Valley, California. Back in March, the lab conducted tests on multiple samples of Habitat for Humanity’s drywall. The lab checked for a myriad of compounds and chemicals, including sulfurs, which are a major concern with Chinese drywall. All of the results came back as “ND”– meaning, “Not Detected.”

Town Hall meetings address Chinese drywall matter

Published on: September 18, 2009 | By Berniard Law Firm

State senators held court Wednesday while hosting Chinese drywall town hall meetings aimed at addressing concerns of members of the community regarding the toxic import. Dedicated to providing information to those with the faulty wallboard, or those who think they might have it, the town hall meetings were hugely popular, requiring the originally scheduled solo meeting to be turned into two. WVUE of New Orleans reports that the crowds were packed with individuals looking for answers at a time where nothing on this Chinese drywall matter seems certain.

They report

State Senators A.G. Crowe (R-Slidell) and Julie Quinn (R-Metairie) ended up hosting two town hall meetings due to larger, unexpected crowds.

Understanding hurricane terms

Published on: September 17, 2009 | By Berniard Law Firm

In order to be best prepared for hurricanes or to better understand your hurricane insurance provisions, having a glossary of key terms used in hurricane reports is a good idea. Courtesy of the Texas Department of Insurance and the National Oceanic and Atmospheric Administration, here is a list of helpful terms used commonly and their definitions:

Tropical disturbance: A moving area of thunder storms in the Tropics that maintains its identity for 24-hours or more. A common phenomenon in the tropics.

Tropical depression: Rotary circulation at surface highest constant wind speed 38 miles per hour (33 knots).