Slabbed updates Dr Death and an ill advised lawsuit.

Folks I know we swim against public opinion on this topic but we continue to hope the unfortunate patients at Memorial Hospital receive a measure of justice. We covered the New York Times story, which took a critical look at the events here, and contrasted Dr Life with Dr Death in a post that also covered the ill-advised lawsuit which contained actual reader pics from Charity Hospital here. Robin Fields of ProPublica has the story for the Times Picayune:

A ruling issued Wednesday by a federal judge in Louisiana will effectively result in the dismissal of a libel lawsuit filed last year against ProPublica and the New York Times.

The case concerned “The Deadly Choices at Memorial,” an article written by ProPublica’s Sheri Fink and published in August in The New York Times Magazine.

The story reported how, in the chaos after Hurricane Katrina, some health professionals at Memorial Medical Center in New Orleans injected severely ill patients — more patients than had previously been known — with lethal doses of drugs. Continue reading “Slabbed updates Dr Death and an ill advised lawsuit.”

Catching up with the news. Memorial Doc Sues the New York Times. Dr Life v Dr Death, a Study in Contrasts

To paraphrase our very good friend Editilla, We Coulda been a Contenda Sports Blog, and indeed some of my favorite posts from a response standpoint have delved into other issues and not the financial ones that are my passion. My post from last month on the New York Times story on the Memorial docs after Katrina is an example of that though it didn’t generate on blog comments as much as a firestorm of off blog emails. I wanted to follow-up but the news cycle on the subject has again gone dark so despite being loaded with killer information on the happenings at the NOLA area hospitals in the days immediately after the great flood caused by the levee failures during Katrina I had no basis in the news cycle to publish the information.  I also had to laugh at the reaction to the original post too because one of our most loyal readers found out his bro also reads us though they had vastly differing takes on the events at Memorial Hospital after Katrina. (You guys know who you are so be sweet to each other ;-))

Katrina 365
Courtesy of a reader. Charity Hospital Patient is Evacuated by Boat

Before I contrast Dr Life with my prior post on Dr Death lets begin with the story that broke last week on the Times Picayune concerning Dr. William Armington’s libel suit against the New York Times:

A doctor who was at Memorial Medical Center in the days after Hurricane Katrina has filed a federal libel suit claiming an article published in The New York Times Magazine in August defamed him by suggesting he knew of euthanasia at the hospital and failed to stop it.

The lawsuit filed by Dr. William Armington, a neuroradiologist who previously practiced in the New Orleans area and now lives in Oregon, claims the article “propagated false, misleading, and damaging statements, directly or through inference and innuendo, that Dr. Armington was aware of, participated in, and failed to stop criminal homicide or criminal manslaughter at Memorial Medical Center.”

The lawsuit is filed against the Times, the author, Dr. Sheri Fink, and, a nonprofit news organization where Fink works. A spokeswoman for the Times said in an e-mail that the paper is “confident the story is accurate,” adding, “We intend to defend the suit vigorously.” Richard Tofel, general manager for ProPublica, made a similar pledge. Continue reading “Catching up with the news. Memorial Doc Sues the New York Times. Dr Life v Dr Death, a Study in Contrasts”

Judge Walker allows Burger to amend as nationwide Class denied contractor overhead & profit- Burger v USAA

Shall we say, with some apparent reluctance, Judge Walker issued an Order granting plaintiff’s Motion to Amend?

Before the Court is Plaintiffs’ July 13, 2009 motion to amend their complaint to add proposed class action allegations against USAA Casualty Insurance Company (USAA) for failing to properly pay its insureds general contractor’s overhead and profit…The Court having considered the motion pleadings and argument of the parties finds that in light of the liberal standard applicable to amended pleadings, the fact that the motion to amend was timely filed under the case management order, and discovery is ongoing, the Court finds insufficient basis for denying the motion. It is therefore, ORDERED that Plaintiffs’ motion to amend the complaint is granted, this the 19th day of  October, 2009.

Contractor overhead and profit is such an expected construction cost, it simply never occurred to me that payment could be a disputed issue.  Consequently, I found the Affidavit of Stephen L. Strzelec incredibly interesting.  Strzelec has been working as a claims practices expert since November 2002 after approximately eighteen years in the insurance industry working for State Farm:

It is a well known fact within the insurance industry as well as the adjusting community that if repairs to a dwelling require the services of three or more different “trades” (such as roofers, drywall, electricians, painters, and carpenters), then the labor involved in the hiring and coordinating of the work of the different trades during the repair process must be completed by someone. Continue reading “Judge Walker allows Burger to amend as nationwide Class denied contractor overhead & profit- Burger v USAA”

The Sun Herald Takes Obama’s “Tinkle-Stop Tour” to Task

Do the ladies and gentlemen of the Sun Herald editorial board read Harry Shearer at the Huff Po or have they been climbing Editilla’s Ladder (thanks to citizen-activists like Cresent City Ray)? Whoever turned them on to Shearer’s spot on criticisms of President Obama’s last visit deserves an A+ as Saturday’s Sun Herald contained a spot on editorial that echos much of what has been said on the Ladder, here on Slabbed and many other local cyber venues regarding Obama’s Tinkle-Stop Tour visit to the Big Easy last week:


During his historic run for the presidency, Barack Obama’s campaign consistently outmaneuvered the opposition, whether fellow Democrats in his party primary or John McCain in the general election.

He was engaged, decisive, and especially in tune with the mood of the electorate and its sense of national priorities.

Time and time again he invoked the image of Republican failure in handling Katrina’s impact on a vast Gulf Coast population.

Fast-forward nine months into his presidency, and President Barack Obama has made his first post-inauguration visit to New Orleans — a visit that seemed to many more like a drive-through or photo op.

Author/actor Harry Shearer, a strong advocate for New Orleans, said, “he could have saved the jet fuel.” Continue reading “The Sun Herald Takes Obama’s “Tinkle-Stop Tour” to Task”

Editilla on Hope a Dope

Irreverently insightful and, at times, just so damn funny I laughed aloud, Editillia does us proud.

We were all set to see our Hope Vote validated this past 8/29 Anniversary, but His O’ner blew our Holy Day in The City The Corps Forgot to go on vacation after only 6 months on the job and play golf at a Rich People’s Place. Thus we saw the ‘Hope’ first begin to uncoil.

Then we heard about the White House trip to the Gulf, a 3 Hour Tinkle-Stop Tour, to check on the status of Hurricane Katrina recovery by A) Not going to Mississippi where Katrina actually hit, causing total devastation, and B) Going to New Orleans where Katrina did not hit and did not cause our total devastation –thence we saw the ‘A’ -hidden behind his back, a foreign object.

Then the Big Show finally arrives amidst obvious disregard and Presidential hubris that we should all be so grateful the president took the time to come and blow smoke up our asses and use our wounded city to Campaign for his Health Care/Economic Thingy.

Butt, it wasn’t until His O’ner opened his mouth and out came the Wise Blood channeling Elmer Gantry (as a Yankee might think we southerners behave in “N’Awlins”) that Editilla saw the scene completed, saw the ‘Dope’. That is when I saw His O’ner “just getting started” on his wind-up to whip us with Hope’A’Dope. Continue reading “Editilla on Hope a Dope”

Dear Mr President We Still Have Insurance Problems: Gene Taylor Writes a Letter to the Prez

Congressman Gene Taylor
U.S. House of Representatives
Fourth District of Mississippi


2269 Rayburn HOB
Washington, DC 20515
(202) 225-5772
Fax (202) 225-7074

For Immediate Release
Contact: Ana Maria Rosato (202) 253-1308
October 13, 2009

Rep. Gene Taylor (D-Miss.) Urges President Obama to Reform National Flood Insurance Program, Act on Multiple Peril Insurance legislation 

Bay St. Louis, Miss. — With the President’s upcoming visit to New Orleans on October 15, 2009, Rep. Gene Taylor (D-Miss.) wrote Mr. Obama urging the Administration to reform the National Flood Insurance Program and revisit the Multiple Peril Insurance Act of 2009, his proposed solution to the homeowner insurance crisis that is sweeping America’s homeowners throughout the Gulf and Atlantic coastal states. Rep. Taylor urged the Administration to engage in “more actively in reforming the National Flood Insurance Program, providing for better disaster insurance coverage, and improving other disaster response and recovery programs.”

Rep. Taylor’s letter opened by reminding President Obama that since Hurricane Katrina ravaged the Mississippi Gulf Coast on August 29, 2005, he has not yet visited the area either as a Senator, a candidate for President, or as President. In the letter, the Mississippi Congressman stated:

“Immediately after [Hurricane] Katrina, we learned that some of the largest insurance companies in America were not going to honor their [homeowner] policies.” Continue reading “Dear Mr President We Still Have Insurance Problems: Gene Taylor Writes a Letter to the Prez”

Dear Mr President: A Cresent City Ray guest post. Cat 5 Rally Announced

Cresent City Ray sent in both the annoucment of the Cat 5 rally and a guest post thus the balance of this entry is courtesy of our friend Ray. (Gene has the insurance thing covered in the next post).

Flier_imageDear New Orleanians,

Let’s make the best of this opportunity Thursday. Please consider attending or inviting others to attend the:

Cat 5 Now! Coastal Restoration Now! Rally

Thursday 9 am -10 am, between Jackson Square & the mighty Mississippi River

Invite schools, friends, neighbors and the press.
Download the rally flier here:

Thanks for any help making this happen.

Tell President Obama Continue reading “Dear Mr President: A Cresent City Ray guest post. Cat 5 Rally Announced”

Fifth Circuit vacates District Court ruling in Katrina Canal Breaches Litigation

The Fifth Circuit posted two unpublished opinions today and both vacated the ruling of the District Court in Katrina Canal Breaches Litigation re: Jefferson Parish. Actually, the Fifth Circuit posted one of the two unpublished opinions under two different numbers! That I realized after spending more time than I’ll confess to spending pouring over each to find the difference – before I had the presence of mind to hit the zoom and saw each had the same number (#$%&!)

This is a consolidated appeal of the district court’s dismissal of claims against Jefferson Parish, Louisiana in two cases concerning property damage from flooding that occurred as a result of the levee breaches in New Orleans during Hurricane Katrina.The plaintiffs-appellants, property owners in Jefferson Parish and Orleans Parish, allege that the property damage resulted from deficiencies in the New Orleans flood protection system. In their original complaints, filed on August 28, 2006, the plaintiffs-appellants named as defendants the Board of Commissioners of the Orleans Levee District, the Board of Commissioners of the Port of New Orleans, the Sewerage & Water Board of New Orleans, the East Jefferson Levee District, Jefferson Parish, and the Louisiana Department of Transportation and Development.

In their second amended complaints filed on April 11, 2007, the plaintiffs-appellants added the United States as a defendant. On October 12, 2007, the district court dismissed the claims against Jefferson Parish in both actions. On March 27, 2008, the district court entered final judgments under Federal Rule of Civil Procedure 54(b) with regard to those claims, and the plaintiffs-appellants appealed. This appeal solely concerns the plaintiffs-appellants’ claims against Jefferson Parish. The plaintiffs-appellants’ claims against other defendants, including the United States, are still pending in the district court. Continue reading “Fifth Circuit vacates District Court ruling in Katrina Canal Breaches Litigation”

Editilla asks What if Hurricane Katrina impacted your city?

FireShot capture #095 - 'New Orleans Ladder' - noladder_blogspot_comSLABBED does love to read the Ladder – and Editilla had a big question and great maps hung on the first rung today.  (thanks Editilla!)

If hanging on the Ladder, a click of the headline will take you to a set of incredible maps showing the impact of a Hurricane Katrina on other cities – Washington, D.C. for example (shown below) – and, if you keep scrolling down, you’ll find the radar map of Katrina making landfall on the Coast and see tornado after tornado on the coast (the ones that didn’t exist to insurance companies).

wdc flood projection



this little piggy went to mediation…and this little piggy

This little piggy went to market mediation,
This little piggy stayed at home,
This little piggy had roast beef got taken
This little piggy had none.
And this little piggy Presentation2 aCSC went “Wee wee wee” all the way home.

Evidence was produced showing State Farm staged the mediations in advance and actively concealed material evidence from homeowners during the “mediation” process.

Bam Bam’s Bonnet was full of bees and following his buzz about the MID mediation led to a hornet’s nest of information stirred up during State Farm’s  May 1, 2007 deposition of Kerri Rigsby in McIntosh v State Farm.  Attorney Dan Webb, counsel for State Farm, asked the questions:

Q. Do you recall being involved…in putting on mock mediation?
A. We did put on mock mediation, that is correct.
Q. Do you remember you doing anything related to that?
A. Yes.
Q. What part did you play?
A. …Oh, okay. Yes. When we started mediation, they — they asked that — I guess because I had done mediation in Florida, they asked that Cori and I role play mediation for the entire mediation team. Continue reading “this little piggy went to mediation…and this little piggy”