Insurance Dispute Lawyer Blog

In order to help readers understand more about the embryo debacle and ensuing lawsuits that recently occurred at Ochsner Hospital Elmwood, outside New Orleans, an explanation of relevant Louisiana statutory law is a helpful tool. The Louisiana law provides a specific comprehension for lawyers and citizens to understand regarding embryos frozen at facilities and does not fail to mention the proprietary rights that go with the storage. While a couple may freeze embryos and store them with a hospital, they do not give up any of their rights over those embryos and they are handled as if they were never removed from the woman.

Louisiana law states

La. Rev. Stat. Ann. § 9:126 An in vitro fertilized human ovum is a biological human being which is not the property of the physician which acts as an agent of fertilization, or the facility which employs him or the donors of the sperm and ovum. If the in vitro fertilization patients express their identity, then their rights as parents as provided under the Louisiana Civil Code will be preserved. If the in vitro fertilization patients fail to express their identity, then the physician shall be deemed to be temporary guardian of the in vitro fertilized human ovum until adoptive implantation can occur. A court in the parish where the in vitro fertilized ovum is located may appoint a curator, upon motion of the in vitro fertilization patients, their heirs, or physicians who caused in vitro fertilization to be performed, to protect the in vitro fertilized human ovum's rights.

In this way, the law specifically notes that the hospital is a guardian in function only and has no legal rights over the embryos frozen at its facility. As a result, the loss of embryos, as seems imminent given the recent revelation that since they were not screened for sexually transmitted diseases, they are not viable for implantation, falls solely on the hospital for responsibility. It is the couples who chose to have their embryos stored at the hospital who are the only losers in this matter and it is important that they receive the justice they deserve.

If you or someone you know stored embryos at the Elmwood facility, please contact the Berniard Law Firm at 504.527.6225 or text 24-7 at 504.458.6225 to find out what your legal rights regarding the matter are. With our wide range of medical experts, our firm will knowledgeably and effectively defend your rights in the matter.

The owner of 140 condos in Florida is moving its tenants around so as to complete repairs on various units that were unfortunately built with the toxic wallboard from China. The Palm Beach Post reports

The company that owns 140 condominiums at The Whitney has alerted its tenants they may be moved into different units within the building to make way for replacement of tainted drywall.

USO Norge Whitney LLC has sent a letter to its renters in the downtown West Palm Beach condo outlining what it will do should the company "need to remediate a drywall issue in your unit."

According to the letter, USO Norge will move a renter if a unit contains the tainted drywall. The unit will be chosen by the company.

The landlord said it would pay moving costs, but that relocated residents will pay the same rent.

Paul Elliott, president of both USO Norge and The Whitney's homeowners association, said he does not yet know when repairs will begin. The company is looking to Bovis Lend Lease, The Whitney's builder, for a solution.

Bovis has until Oct. 16 to respond to claims against it for using the defective wallboard.

It's obviously very positive the repairs are going on and that moving expenses will be paid. Further, a proactive approach to a big problem by a major company with so many tenants is proof the pressure is on for landlords to take action in the better interest of their residents. Let's hope this trend continues.

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.

In matters involving medical malpractice, legal counsel is essential. By hiring an attorney with experience in malpractice issues and a series of experts, legal and medical, to use in pursuing the case, clients will be in much better standing to handle the hurdles that loom in this matter. Contact the Berniard Law Firm at 504.527.6225 or text 504.458.6225 24 hours a day, 7 days a week to find out your legal rights regarding this matter. For more information on medical malpractice matters, click here.

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

Hospital officials believe about 100 couples have been affected by the labeling errors, and began contacting them on Thursday. Officials could not say the cause of the mix-up but said, out of an abundance of caution, they are conducting an audit of the entire in vitro fertilization program, which began in 2003.

"Until we complete the full audit, we can't really speculate on what happened," said Chief Medical Officer Joseph Bisordi. He offered no other details than to say there were embryos that appeared to be mislabeled and unaccounted for."

The problem first surfaced a year ago, according to Bisordi. Ochsner officials began an evaluation and brought in an "outside expert" who determined the department needed to expand its audit.

This is a huge matter that has to leave many unsettled. While CEO Pat Quinlan claims that "no embryos had been implanted in the wrong mother," until an investigation occurs, many will be likely concerned. It will be important to see how the hospital responds to the matter and how transparent their investigation will be as the article notes the matter affects approximately 100 different families.

Embryo storage is an extremely important and emotionally significant matter for families to face and when a hospital mishandles the situation, the best case scenario is still disheartening and problematic. This blog will continue to follow the story and readers can feel free to contact our offices and bookmark the site to find out the latest information as it becomes available. If you need legal advice or need an attorney regarding this matter, please contact the Berniard Firm at (504) 527-6225 or text with your name (504) 458-6225. We will alert you to your legal rights and connect you with medical and other relevant experts who can let you know just what your rights are in this matter.

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.

The Consumer Product Safety Commission, which Warner in May urged to move more quickly to determine if the drywall poses a health risk to homeowners, was set to finish indoor air sampling of homes and complete a preliminary risk assessment by mid-September.

The commission now expects to finish the indoor air sampling next month.

"My constituents have had their lives turned upside down by Chinese drywall," Warner wrote in the letter to Inez Tenenbaum, the commission's chairwoman. "Most have moved out of their homes and several are facing the prospect of having to foreclose on their homes. They need the schedule of these test results in a concise, easy-to-read manner so they will understand what lies ahead."

As said in a previous entry, it remains to be seen how much of this is stern politician talk and how much of it is genuine desire for change.

In other news, another area in Florida has instituted tax breaks for residents with Chinese drywall in their homes. The Bradenton Herald reports

Manatee County homeowners who have Chinese drywall in their homes will be eligible for a sizable property-tax break, officials said Tuesday.

The Manatee County Property Appraiser’s Office said it will reduce by 50 percent the assessed value of homes proven to contain the suspect wallboard. Already, the office has notified several homeowners that they will see the deduction when they receive their 2009 tax bills in November.

“We’re treating it (Chinese drywall) just like if somebody had a fire,” said Charlie Hackney, the county’s property appraiser. “Is it going to make them whole? No, but at least we’re doing something to help.”

Very solid progress on a continuing trend.

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.

But today, as an estimated 4,000 to 7,000 Louisiana households face financial ruin because tainted drywall from China is corroding people's homes and making them sick, critics say the legislation will prevent local homeowners from making a full financial recovery.

"We took that away from the consumer. We say, 'Sorry, you're going to have to sue the manufacturer in China.' That puts people in Louisiana at a huge disadvantage," said state Sen. Julie Quinn, a Republican from Metairie. "We threw the consumer under the bus under the purview of 'Hey, this will attract business to Louisiana.' All we did was hurt the consumer."

The article is significant in size but well worth the read if you or someone you know has had to deal with Chinese drywall in their home. Even if that's not the case, the story is a very well put together piece on legal reform in Louisiana and is highly recommended. Of note is the poignant and direct problem facing lawsuits filed on behalf of homeowners against builders who put Chinese drywall into their construction efforts

So if a court determines that manufacturers are responsible for 80 percent of the Chinese drywall problem, while the American companies that handled the product upon import are responsible for 20 percent, homeowners only stand a chance to collect 20 percent of their losses.

"If for some reason I can't collect money from there, I'm out of luck because I can't look to the other defendants to pick up the slack," Childress said. "This is a very pro-defendant, pro-corporate change in the law."

Chinese drywall victims from states such as Florida, where tort reform measures were less aggressive, could recover more of their losses.

Enjoy your Thursday.

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."

Core took that message to the State Tax Commission, asking them for permission to reduce assessments on affected homes.

"We've got to do something," Core said, "and the only thing we can do for them in the Assessor's Office is to help them with the property taxes because it is definitely justified."

Core said affected homeowners only need to show proof that the there is Chinese drywall in their house. She said a letter from a contractor would suffice.

The assessed value of a home is the land, plus the improvements. Core said, on affected homes, she'll reduce the improvements 90 percent.

This is an extremely positive development that falls in line with actions taken by other Gulf Coast governments and will hopefully continue developments in helping those stuck with this toxic wallboard.

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.

"I didn't know what to say other than hooray. I thought that if we had garnered attention from Washington D.C. then it had raised to the highest levels," said Richard Kampf.

"What I found when I came to the CPSC was that there was not a sense of urgency," Tennenbaum said...

"We cannot go on just month after month, study after another study. We have to make a decision based on the information we have," said Tennenbaum

While Tennenbaum's quote about the indecision of the previous titleholder is extremely positive for it seems to be a line in the sand in regards to sitting and waiting versus action coming soon, it is too early to say if it is tough talk or not. Residents can only wait and see while shoring up their end of the matter to see how this matter works out but action and urgency on the part of the CPSC is a positive.

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.

He said he has an interested buyer, and that the home has been under contract twice, but that the potential homeowner keeps backing out.

"He's so fearful from everything he sees and hears that he could be moving into a tainted house," Harvey said, adding that his company has spent about $2,000 doing tests for defective drywall in the home. "I'm so frustrated. I don't know how to prove it to them, since there's not any sort of definitive test or anything. I'd eat the drywall if it made him feel better."

Indeed, Harvey said he cut holes in the walls of the new house to check for markings on the drywall.

On top of that, he has offered to replace the defective drywall in the two homes without making a profit, but the homeowners want more.

"We're sitting here eating up whatever reserves we have. I just hope we have the staying power to stay through."

That Palm Beach Post article does a good job of humanizing the builder perspective of the matter, as well as bringing up the often overlooked plight of those who did not even use Chinese drywall in their construction efforts. Hopefully this matter will improve so that the housing market can rebound and thrive once more.

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."

"We feel very confident that the drywall that we're putting in the homes in very safe," Tusa said.

While problematic Chinese drywall does obviously exist in the homes of thousands of individuals, it is good to see the problem did not spread to those who already have had to rely on charity for their homes.

Enjoy your weekend.

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.

People showed up armed with questions and ready for answers. "All the time we're living in these places we are not getting well, and it's not good for our health so we need something now. We need direction. We need funding," said Barbara Manuel, a resident of Violet in St. Bernard Parish.

Sen. Quinn told the crowd, "I was really floored to learn the federal government does not test any product that comes into our country except for food and drugs. Everything else is buyer beware." Quinn told the crowd she even talked to one victim of tainted Chinese drywall who said he "considered suicide for life insurance because he doesn't know what else to do to provide for his family."

Such despair is obviously proof that a remedy is necessary, and soon. On progress, there appears to be some developments aimed at helping those hindered by the problematic drywall

Sen. Crowe informed people about a couple of action plans through the Louisiana Recovery Authority. The LA legislature, at the end of the 2009 legislative session, approved a bill that sought a minimum of $5 million through the LRA to provide assistance to people impacted by the toxic drywall. Crowe said the LRA is looking to provide an additional $20 million, and he said that would cover those who were Road Home applicants and those who lost their homes in Katrina, but did not qualify for Road Home money.

Hopefully with the success of these meetings, progress will be made in helping those families who are afflicted get a resolution that is satisfactory for all involved.

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).

Tropical storm: Distinct rotary circulation, con stant wind speed ranges 39-73 miles per hour (34-63 knots).

Hurricane: Pronounced rotary circulation, con stant wind speed of 74 miles per hours (64 knots) or more.

Small craft cautionary statements When a tropical cyclone threatens a coastal area, small craft operators are advised to remain in port or not to venture into the open sea.

Gale Warnings may be issued when winds of 39 54 miles an hour (34-47 knots) are expected.

Storm Warnings may be issued when winds of 55 73 miles an hour (48-63 knots) are expected. If a hurricane is expected to strike a coastal area, gale or storm warnings will not usually precede hurricane warnings.

A Hurricane Watch is issued for a coastal area when there is a threat of hurricane conditions within 24-36 hours.

A Hurricane Warning is issued when hurricane conditions are expected in a specified coastal area in 24 hours or less. Hurricane conditions include winds of 74 miles an hour (64 knots) and/or dangerously high tides and waves. Actions for protection of life and property should begin immediately when the warning is issued.

Flash Flood Watch means a flash flood is possible in the area; stay alert.

Flash Flood Warning means a flash flood is imminent; take immediate action.

The second part of our series of Chinese drywall pictures features close-ups of what the corrosion looks like of piping and fixtures throughout a home that had the problematic material installed.

Here you can see just how intricate and flawed the pipes can become as a result of an attic in which the drywall was installed. Note the corrosion and dramatic color-changes of a pipe originally just copper. A close-up of the same pipe. Here the inside of a socket shows the same sort of damage. The white wiring and metal casing shows wear, degradation and the tell-tale black pollution of Chinese drywall's toxic gas.

For more information on Chinese drywall, check out this blog's section dedicated on the matter, available here. Also, be sure to attend the Mandeville town hall meeting on the topic to get more information on the matter from elected officials and experts on the matter.

The Times-Picayune reports that the Chinese drywall meeting has been moved to tomorrow. At this meeting, Louisiana state senators will be available to answer questions regarding the faulty wallboard imported into the US and installed into in the wake of Hurricane Katrina. Central to the meeting will be what homeowners can do to better their situation, find out about how to handle their homes if they have the problematic Chinese drywall, and have the state legislators explain the government's approach to helping with the issue.

State senators Julie Quinn and A.G. Crowe will host a meeting for citizens concerns about Chinese drywall Wednesday at 6:30 p.m. at the Mandeville City Hall.

Some drywall imported from China after Hurricane Katrina is believed to be making people sick and corroding metal fixtures in people's homes.

Quinn and Crowe will have updates on what the federal and state governments are doing about the problem, and a physician and attorneys will be on hand to answer questions.

Mandeville City Hall is located at 3101 East Causeway Approach in Mandeville. For more information, contact Quinn's office at 504-219-4640.

The Berniard Law Firm encourages anyone who thinks they may have Chinese drywall in their home to attend this meeting for the wealth of information it is sure to provide. As it shows a priority of the state government to meet with the people and provide information, it is a great step to approaching the matter and finding out what everyone can do to help find a solution in time.

The Berniard Law Firm was recently hired by a homeowner who fell into the unfortunate situation of having Chinese drywall installed in her home. As part of the case, an inspection crew was sent to the home to document all of the various problems, defects and elements of concern to be found. You might be surprised to see just how quickly and aggressively this faulty imported wallboard can cause damage to various parts of the home.

Here you can see, clearly defined on the back of the drywall, the word "China," indicating the place of manufactured origin.

Here you can see the damage that the dangerous vapors Chinese drywall emits can cause on heating and cooling piping, as well as copper plumbing throughout an attic or basement, as well as within your home's walls.

This, again, shows the damage Chinese drywall can cause to copper piping and why it is important for homeowners with the problematic wallboard to contact a builder and attorney quickly to prevent further damage.

More pictures and information will be posted soon so check back in daily for the latest in news regarding Chinese drywall, as well as various other legal issues affecting the Gulf Coast and beyond.

Developments in Washington occurred this past week in the pursuit of having the government conclusively investigate and define the harm caused by Chinese drywall. While local officials have been pledging consistently to improve the matter, officials from the Gulf Coast brought before the Consumer Product Safety Commission a push for more to be done and a federal investigation to be carried out. Such an investigation would clear the way for relief money and possibly improve legal matters contingent on this matter.

Lesley Clark of the Miami Herald reports

Lawmakers from Florida and Louisiana Thursday pressed new Consumer Product Safety Commission chairman Inez Tenenbaum for answers to the Chinese drywall problem plaguing thousands of homeowners in their states.

Tenenbaum -- who took over the agency in June -- pledged to lawmakers that the agency will "vigorously pursue its investigation'' into the cause and effect of the suspect drywall, which homeowners say is corroding metal pipes and making them ill.

She said the agency hopes to issue a report on indoor air quality and health assessments in homes with Chinese drywall in late October.

When that report comes out in late October, you can be sure it will be posted and discussed here.

While much of the nation has been spared any sort of adverse weather as a result of tropical storms or hurricanes, insuring one's home is not the only way precaution may be taken by people, regardless on where they live. One helpful tip is to avoid any sort of delay or detriment to travel enjoyment by insuring your trip or vacation.

Article writer Michelle Higgins recounts various trips she has taken and the security insurance now provides. She writes

Several years passed before we returned to the Caribbean in hurricane season. In October 2007, my husband and I rented a house on the island of Vieques in Puerto Rico. The three-bedroom home was perched on a hilltop, and its pool offered clear views of the bioluminescent bay and remote beaches. The October rate was a bargain, and other than a few afternoon showers, we escaped any foul weather.

This year, we decided to press our luck again. Why? Because we were getting hurricane insurance.

Basic travel insurance typically covers hurricanes or other unexpected weather events. This can offer peace of mind to travelers going to a storm-prone region. If a hurricane shuts down the airport or wipes out the hotel, for example, you don’t lose the money you spent on the vacation.

But some companies have started going a step further, offering more specific storm-related benefits like hurricane-warning protection. With this type of insurance, travelers don’t have to wait until a hurricane ruins their vacation to get their money back. Rather, hurricane-warning coverage generally allows cancellation of a trip within 24 hours of departure if the destination is under an official hurricane warning from the National Hurricane Center.

The article goes on but the general idea is that a variety of situation-specific provisions exist. By researching before your trip and looking into anything a travel agent or the company you are buying through, or in the event it is a trip just researching the internet or your rental car company, valuable time and money can be preserved. Some companies might let you go on the trip again while others may simply reimburse a portion of your trip. Either way, being an educated traveler can be quite helpful when hurricanes sweep through, if they do. And if they don't, at least knowing you're protected can make travelers less wary about the weather day to day.

The Berniard Law Firm, having already been involved with various clients with Chinese drywall in the Gulf Coast region, recently filed in federal court two claims against manufacturers and builders who were involved in the repair and manufacturing of their homes. Further, head attorney Jeffrey Berniard has been involved in the class action proceedings with the MDL established in New Orleans. That pre-trial matter has been proceeding at a very rapid pace as Judge Eldon Fallon, quite experienced with class actions and was selected because of his work in a previous matter involving the prescription drug Vioxx. For more information on Judge Fallon's work in the Vioxx matter and how he was chosen for his experience and expertise in the rapid development of class action pre-trial matters, read more here.

All of this involvement has led to a wealth of information that has been integral in establishing the advanced experience and approach the Berniard Law Firm has towards Chinese drywall. Mr. Berniard has been in attendance of each of the pre-trial hearings relating to the MDL Panel and has been active in helping advance the Plaintiff case in any way possible. To understand better the decisions made and the developments that come with these pre-trial hearings, refer back to our blog entry on this month's MDL hearing located here.

While this blog is intended to be a resource for individuals living in the Gulf Coast and beyond to understand the legal matters and situations going on day-to-day, the fact that builders as far away as Nevada have been accused of using Chinese drywall demonstrates that everyone need to be aware of the news and options going on with Chinese drywall.

For more information on Chinese drywall, feel free to peruse the section of this blog dedicated to the matter, located here. If you believe you may have Chinese drywall in your recently built or renovated home, contact us at the Berniard Law Firm and we will happy to help you with your home issue and pursue any legal case you may have.

For residents of the Gulf Coast, and Louisiana in particular, groups involved with Chinese drywall litigation and legislation have established and set up a Town Hall Meeting for next week to discuss with homeowners and citizens the developments and actions being taken to combat the problems associated with the faulty wallboard.

Set for next Monday at 6:30 in Mandeville, the meeting will be attended by attorneys, including the Berniard Law Firm's own Jeffrey Berniard, and experts in the field and issue in order to hopefully assuage concerns and develop ideas and avenues of communication with the community. State Senator Julie Quinn will also be in attendance to field questions regarding the state's response to the matter.

The full details are as follows:

Date: 9/14/09 Time: 6:30pm Address: Mandeville City Hall 3101 E. Causeway Approach Mandeville, LA

State Senator Julie Quinn will be hosting a Town Hall Meeting to discuss tainted Chinese drywall issues at Mandeville City Hall. She will discuss what the federal government and state of Louisiana are doing to address the issue. Dr. Mark Rigler, an expert in environmental analysis will be available for questions, as will a number of attorneys.

For more information you may contact Senator Quinn at her office, 504-219-4640.

For anyone who has had Chinese drywall discovered in their home or has questions regarding the matter, the meeting will be a great opportunity to further explore the issue and have questions answered. We hope to see you there.

In pursuit of keeping readers abreast of storms as they develop, the new storm forming in the Atlantic may lead to this season's next tropical storm with, hopefully, the same results as those previous this year. While it is currently projected to not even reach the coast, it will likely be followed by national meteorologists as it either strengthens or weakens. Storms often can change track so this blog will keep track as the storm progresses.

In the meantime, the AP reports

A new tropical depression has formed in the far eastern Atlantic Ocean and is expected to strengthen into a tropical storm later on Monday or Tuesday, the U.S. National Hurricane Center said.

At 5 p.m. [Monday], the depression was located about 160 miles south of the southernmost Cape Verde islands and its maximum sustained winds were near 35 mph, the center said.

"Strengthening is forecast over the next couple of days ... and the depression is expected to become a tropical storm tonight or Tuesday," it said in a advisory.

It would be named Fred, the sixth named storm of the 2009 Atlantic hurricane season.

More information will be posted as it becomes available.

A happy Labor Day for everyone in the Gulf Coast and beyond!

Florida officials are trying hard to find various ways in which homeowners with faulty imported wallboard can see results and aid while facing their difficult predicaments. The TC Palm recently noted an idea of some area Florida officials in an article posted several days ago:

Martin County Property Appraiser Laurel Kelly agreed having Chinese drywall “would definitely affect the value of property and your taxable value.”

Her department has heard from homeowners in five subdivisions, she said.

“If owners can document the extent of the problem, we can do something. But there’s not much time left,” Kelly warned, “We only have a small window until we have to submit the final tax roll to the state by around Sept. 25.”

Kelly’s department needs home inspection or indoor air-quality reports or documentation from the Martin County Environmental Health Department.

The savings can be quite substantial.

In the River Marina development built by Lennar Homes (one of the few developers attempting remediation work), a 1,775-square-foot home with an assessed value of $250,480 is eligible for a $950 reduction in taxes this year, Kelly said.

Such a reduction is a continued positive step forward for individuals in Florida fighting Chinese drywall in their home. Similar projects by county and state officials throughout the Gulf Coast might emerge if the results are successful and, in that case, a great step forward appears possible.

At worst, it does appear to be a great move to help people who definitely need it.

For recent updates on the pretrial motions involving the Chinese drywall issues, readers can bookmark this site and the court's updating feed regarding the matter, located here.

Updated regularly, the site features news on motions and issues the court has handled, such as the following

August 20, 2009 On this date, the Court issued Pretrial Order #10 regarding submission of photographic catalogs of markings, brands, endtapes, and other identifying markers found in affected homes.

In the quoted item, the court decided that the effectiveness of the trials forthcoming is better suited by identifying the Chinese drywall clearly and noting its make and model. As such, the court decreed

In an effort to assure the success of the Threshold Inspection Program (“TIP”) in achieving the objectives that have been previously stated by this Court of obtaining additional information to the fullest extent possible regarding the identification of manufacturers, suppliers, installers and/or contractors of the drywall in the property without being overly intrusive or destructive to the homeowners and their property, the Court believes that the inspectors who will undertake the TIP should be properly educated on the brands, markings and other available identifications for the Chinese manufactured drywall found in affected homes to date. Toward that end, the Court orders that all parties provide either the Plaintiffs’ Liaison Counsel or the Defendants’ Liaison Counsel with a photographic catalog of markings, brands, endtapes and other identifying markers that they have found in the affected homes

By making this motion, the court has identified an avenue in which matters may be handled more swiftly and problematic wallboard may be more easily identified. As a result, the investigatory elements of trials may move more smoothly and people (hopefully) will get the financial consideration quicker to live in a safe, clean home.

Thursday marked the monthly joint report filed by Plaintiff and Defendant in the MDL pre-trial taking place in New Orleans. While little monumental news emerged from the court hearing, various items of note came through that individuals with Chinese drywall, or perhaps just curious readers, may be interested in.

Both parties have agreed to a systematic inspection of properties reported to have Chinese drywall in order to establish a system that may be carried through as the various trials in other jurisdictions is carried out. These property inspections, with plaintiffs handling and paying for initial round of inspections, will be quite helpful to the court and both parties in understanding fully the work that will be required and rules set in place. 30 properties will be chosen for these investigations, carried out by Crawford and Company. This group will carry out inspecting the homes, looking into all of the various known pitfalls of the faulty wallboard’s use closely and to determine if there the presence of Chinese manufactured drywall, the amount thereof, etc. Through these investigations, the inspectors hope to detect any odor, visual damage to collateral parts of properties, record samples and carry out the process of how much damage this product causes. Both counsels may observe.

Those 30 inspections will cover a wide expanse of the country, with cases from states including Louisiana, Florida, Mississippi, North Carolina, Virginia. Seven cases will be in the state of Louisiana.

The inherent goal for these 30 inspections to be carried out is the desire for a direct, objective start to the process. Both parties hope that carrying out this preliminary effort will work to tweak the protocol already in place through pretrial motions and agreements while also constructing a detailed protocol for inspection through trial and error as problems with the already established protocol may not be obvious until inspections are carried out.

There are as many as 36 different markings connected to tainted Chinese drywall.

There are still disputes between parties in regards to removal and preservation. These are normal for such a matter and will be handled in time.

Plaintiffs are seeking to make the knowledge and material regarding Chinese drywall more available to the common homeowner. One thing that came up during this event is the establishment of a town hall meeting so as to inform people within communities to know their rights with the builders. Plaintiffs argued that informing the public was in pursuit of preventing builders from taking advantage of a lack of communication among different owners within neighborhoods and perhaps undercut or underpay on repairs or replacements of homes tainted by Chinese drywall. Such meetings have little to no bearing, however, on the class action before the court so the judge did not levy any judgment one way or another.

Focus groups and mock juries will be used in pretrial matters to develop an understanding of how trials will be handled and jury pools can be handled.

Just this week, Florida Lieutenant Governor filed suit against those responsible for putting Chinese drywall into his home. The warning signs for Lt. Gov. Jeff Kottkamp appear to all be the same that homeowners nationwide have experienced.

The South Florida Business Journal reports

Lt. Gov. Jeff Kottkamp has joined hundreds of other Floridians in filing suit over defective Chinese drywall in his home.

Earlier this year, Kottkamp disclosed that his home was built with the defective drywall, which gives off sulfur fumes that corrode air conditioners.

He and his wife, Cynthia Kottkamp, filed federal suit Monday in Fort Myers against manufacturer Knauf Gips KG and Knauf Plasterboard Tianjin Co.

The couple alleges that the drywall in their North Fort Myers home has corroded their air conditioner and is making them sick.

While unfortunate that Chinese drywall found its way into yet another home, perhaps with such a high profile victim, more attention will be poured onto the topic. Resolutions to help people living in these homes is necessary to allow individuals to move on with their lives and can't come sooner.

Recent news from the Wall Street Journal shows the financial report side of Chinese drywall and how insiders have become experts on Chinese drywall in the pursuit of fully understanding the outcomes looming for those unfortunate enough to have used the faulty wallboard. Per the WSJ,

When Hovnanian Enterprises Inc. reports fiscal third-quarter results on Wednesday afternoon, industry watchers will learn the usual details about contracts, cancellations and revenue. But they also want to hear about drywall.

Builders have been disclosing their exposure to allegedly defective drywall -- also known as wallboard -- imported from China during the housing boom. A growing number of homeowners complain that it generates sulfurous odors and corrosion. These complaints have led to continuing investigations by several government agencies, including the Environmental Protection Agency, and some of their results are expected next month.

So far, nearly 1,200 complaints have been received from 24 states, stretching from California to New York, along with Washington, D.C., according to the U.S. Consumer Product Safety Commission, which is leading the investigation. More than three-quarters come from Florida, with many cases in the Fort Myers area south of Tampa.

More eyes on an issue is almost always a good thing for it increases the amount of attention and knowledge existing on the topic. Further, financial considerations will lead companies to set aside money for complaints in order to show and demonstrate financial stability should suits for repair and damages swing against the builders. This money, as a result, shows a net that is being established to keep homeowners from being completely left alone to handle the matter.

Per the Examiner, storms may finally reach the Gulf Coast.

A new system taking shape has a fairly high chance of becoming a depression, and possibly tropical storm, on either September 1 or 2, according to the National Hurricane Center. It is located east of Puerto Rico near the Lesser Antilles. The good news is this: the persistent trough over the east will likely steer this tropical cyclone away from the U.S. coast just as we saw with “Bill” and “Danny”. The system has a very low chance of affecting Texas based on expected steering winds.

National Hurricane Center