The Louisiana Supreme Court has denied Ochsner's writ application!

On Friday, September 24, 2010, the Louisiana Supreme Court denied Ochsner's writ application. Thus, the claims of the couples affected by Ochsner's labeling and administrative errors will not be subject to the Louisiana Medical Malpractice Act.

Louisiana Fifth Circuit Court of Appeal Denies Ochsner's Writ

The Louisiana Fifth Circuit Court of Appeal has denied Ochsner's writ, which sought review of the district court's decision to deny Ochsner's Exception of Prematurity. Ochnser has now filed a writ application with the Louisiana Supreme Court, which argues that the plaintiffs' claims should be subject to the Louisiana Medical Malpractice Act--a result which would statutorily "cap" the plaintiffs' available damages and subject the claims to a stricter statute of limitations period.

The plaintffs argue that their claims--which seek damages for the mishandling and/or mislabeling of their human embryos--do not constitute "medical malpractice." Rather, the claims sound in general negligence and should not be subject to the Louisiana Medical Malpractice Act.

Plaintiffs' Liaison Counsel

Kara Hadican Samuels and Robert J. David have been appointed by the Court as Plaintiffs' Liaison Counsel in the Ochsner Fertility Clinic case, which concerns the mislabeling and mishandling of human embryos by the Ochsner Fertility Clinic. In addition, the Court has entered a case management order that requires the parties to proceed towards a December, 2010 class certification hearing. We have received Ochsner's document production, including audits of the facility, and will soon begin taking depositions to determine whether and to what extent common issues of law and fact exist among the various class members, many of whom are still unrepresented.

Plaintiffs Prevail Re Ochsner's Exception of Prematurity

This morning, we received the Court’s judgment denying Ochsner’s exception of prematurity. The effect of the judgment is threefold: Plaintiffs are not required to present their claims to a medical review panel, Plaintiffs’ claims are not limited to $500,000, and Plaintiffs whose embryos were mishandled prior to August 2006 are NOT precluded from pursuing their claims under the LMMA’s statute of limitations!

We expect that Ochsner will appeal this ruling.