Thirty-two residents are taking the owners of the Cortland at Stonebriar Apartment Complex in Frisco, Texas, to court today to recover in excess of $1 million in damages after fire alarms and sprinkler systems failed to engage during a fire that broke out on Wednesday, Feb. 17.
         Attorneys Zeke Fortenberry and Mark Underwood filed the petition today in the Collin County District Court. Frisco is located in the North Dallas suburban corridor of Texas. The apartment complex is located in the 9000 block of Gaylord Parkway.
         All residents of the 260-unit Cortland at Stonebriar Complex were displaced by the Feb. 17 fire that burned for over 36 hours and required the assistance of fire units from five neighboring departments to get under control, according to official reports. According to these reports, 62 of the units were completely destroyed, while others were impacted by water damage.
         The petition filed today notes that despite the weather impacts in the area from a deep freeze and widespread power outages, the biggest culprit in the apartment disaster is the lack of operational fire alarms in individual units and the failure of the fire suppression sprinkler system to engage properly.
         The lawsuit focuses on the negligence of the apartment complex for failing to regularly inspect and maintain apartment fire alarms, as well as failing to maintain and operate a sufficient fire suppression and warning system.
         Federal and state laws, as well as City of Frisco fire codes, require landlords and property managers to comply with fire regulations or face charges of negligence for indifference to the rights, safety and welfare of the families they invited to reside at their apartment complex as renters. In essence, this failure to protect is a breach of contract with their residents, the suit notes.
         The residents seek compensation not only for the loss of their homes and belongings but for injuries and other loses suffered due to the fire.
         The attorneys representing the residents are licensed Texas lawyers specializing in disaster cases and helping victims. For comment or information, contact Sydnee Reed, (469) 626-7373 or paralegal@fortenberryfirm.com.
 
Media contact: C. Brylski or D. Johnson (504) 460-1468 or djohnson@brylskicompany.com

​Stephen Estopinal, eight-year veteran of the Southeast Louisiana Flood Protection Authority–East created after Hurricane Katrina, praises Levees.org founder Sandy Rosenthal’s new book Words Whispered in Water: Why the Levees Broke in Hurricane Katrina (Mango, 2020). 
 
Estopinal’s book review will appear in the upcoming double issue (vol 40, numbers 1 & 2) of the Xavier Review. An early galley has been released ahead of the hard copy issue.

In her book, Rosenthal is highly critical of the levee board reform movement, labeling it as both ineffective and a distraction from the true culprit in the flooding event, the Army Corps of Engineers. 
 
Estopinal––who was president of the Authority when his eight-year tenure ended––appears to agree.
 
Here is an excerpt from the review:
 
“...Rosenthal attended board meetings of the Southeast Louisiana Flood Protection Authority – East during the construction of the new flood post-Katrina protection system. She observed firsthand how design comments provided by the experts on the board were routinely ignored.
 
“...I––a past commissioner of the Authority East––can confirm that the many public comment and review meetings that the Corps hosted during the construction of the new system were simply for show. Major decisions were made and locked in stone before anyone outside of the Corps’ sphere of influence could contribute.”
 
Words Whispered in Water, which is reviewed by Publishers Weekly, has been a #1 New Release on Amazon for eight straight months. An unboxing video promoting the book’s release has amassed over 135,000 views on Facebook alone.
Stephen Estopinal’s full review can be seen below:

To help navigate the on-going professional and financial uncertainty facing native New Orleans musicians, trombonist, composer and producer Delfeayo Marsalis reported that 200 local musicians accepted $113,475 in stipends thanks to donations to the non-profit KNOMA, designed to help keep the city’s music culture thriving.

Launched at the beginning of August, the non-profit was founded by Delfeayo in honor of his late father, the legendary New Orleans pianist Ellis Marsalis who succumbed to Covid-19 on April 1, 2020 at the age of 85.

With performance venues shut down indefinitely and the musical tourism industry boarded up, the young Marsalis wanted to help artists struggling to fill a huge void.

The donation appeal continues, with support continuing to be sought for www.knoma.org, where donors can indicate how their funds are to be utilized and/or include a personal dedication in honor of a particular person or artist.

“We know the need is there, so every donation truly helps,” said Marsalis, who said 100 percent of all donations go directly to New Orleans musicians and culture bearers.

Artists, who must be native-born or long-term resident performers in New Orleans to receive assistance, can apply for grants through KNOMA’s website.

“We can no longer take for granted the brass bands on corners, the street musicians in Jackson Square, and the players in our clubs who perform with the joy and celebration that millions of visitors equate with the Big Easy,” says Marsalis.  “We have to keep our music, the heart of New Orleans, beating for generations to come!”

 For more information and to donate, visit www.knoma.org
 
Media contacts for interviews with Mr. Marsalis:
Ann Braithwaite, Braithwaite & Katz Communications; 781-259-9600; Text: 781-367-9760
ann@bkmusicpr.com

C. Brylski or D. Johnson (504) 897-6110; djohnson@brylskicompany.com; (504) 460-1468
 
MISSION Keep NOLA Music Alive assists in sustaining New Orleans culture by providing emergency aid to native musicians and culture bearers. A rich and thriving musical culture attracts countless visitors to New Orleans from around the world. Native culture bearers—from musicians to dancers and other performers—suffer from circumstances beyond their control. Keep NOLA Music Alive, a 501c3, provides emergency assistance to those artists who live the music of the city where jazz was born.  ELIGIBILITY Applicants must earn their livelihood substantially through performance in New Orleans and can demonstrate unexpected financial hardship. A written application must be submitted.
 
For release September 24, 2020

In order to increase cash flow to providers of services and suppliers impacted by the 2019 COVID-19 pandemic, the Centers for Medicare & Medicaid Services (CMS) expanded its Accelerated and Advance Payment Program (MAAPP) to Medicare Part A providers and Part B suppliers. This was part of the CARES Act passed by Congress.
 
Accelerated/Advance Payments 
An accelerated/advance payment is intended to provide necessary funds when there is a disruption in claims submission and/or claims processing. These ‘loans’ become due August 1 while hospitals in Louisiana are still flooded with COVID-19 patients, still cancelling elective surgeries, and in some instances forced to reduce staff due to escalating costs associated with purchasing new equipment and other resources to deal with the pandemic.
 
Louisiana Medicare Part A Providers are Hospitals, Skilled Nursing Facilities; Part B Providers are Doctors, Durable Medical Equipment suppliers, and others. Louisiana Part A and Part B Providers received $1.5 billion under this program, made available on May 2. 
 
The first round of these payments, or about half the award, is coming due even while hospitals report massive revenue losses, and the rest of the payments will expire in about two weeks, just as Louisiana needs continued access to the funds.
 
Oschner said its healthcare system, which sees about $4 billion in revenue yearly, predicted 2020 revenue losses would fall in the $350 million to $500 million range. LCMC Chief Executive Officer Greg Feirn predicted revenue loss of about $100 million between March, April and May, excluding money spent on equipment and additional workers during the hospital’s surge. Tulane Medical Center, which is majority-owned by health care giant HCA Health Care, received $26.4 million from the federal payout for hospitals in hotspots, but hospital spokesperson Sarah Balyeat said it represents just a fraction of anticipated lost revenue and increased expenses.
 
Contact Dr. Bill. Cassidy, U.S. Senator from Louisiana, to get an update on what Congress is doing to resolve this issue before the August recess.
 
Hospital associations are asking Congress to push back the draw down deadline and repayment schedule of the MAAPP loans and lower the payback interest rate from 10 to one percent. If Congress does not resolve the issue, Louisiana stands to lose access to more than half a billion dollars in needed hospital assistance.
 
Local spokespersons on this issue: Contact C. Brylski/D. Johnson (504) 897-6110 or
 
Federation of American Hospitals members:
https://www.fah.org/fah-ee2-uploads/website/maps/FAH-Louisiana.pdf
 
Rural providers: Howard Castay, Board Member, Teche Action Clinics/Morgan City, howardcastay@gmail.com

​Understanding both the professional and financial uncertainty facing native New Orleans musicians, trombonist, composer and producer Delfeayo Marsalis is launching a new non-profit designed to help keep the city’s music culture thriving. 
“My dad dedicated his life to growing and promoting New Orleans musicians,” said Marsalis the legendary New Orleans pianist Ellis Marsalis who succumbed to Covid-19 on April 1, 2020 at the age of 85. “Today, the global health pandemic presents a threat to New Orleans’ culture bearers like none before. No less than our centuries-old musical heritage is at risk. With all performance venues shut down indefinitely and the musical tourism industry boarded up, our artists are struggling with both professional and financial uncertainty. Keep NOLA Music Alive was organized to fill a huge void.”
Delfeayo kicks off the fundraising effort with a “Double-Nickel Birthday Bash” virtual performance Sunday, August 2, 5 p.m. CDT/6 p.m. EDT marking his 55th birthday. To attend the concert, log on to Facebook.com/Delfeayo Marsalis. The concert will feature dynamic performances by the Uptown Jazz Orchestra and vocal powerhouse Tonya Boyd-Cannon.
Donations can be made now at www.knoma.org. Donors can indicate how their funds are to be utilized and/or include a personal dedication in honor of a particular person or artist. 
“We know the need is there, so now is the time to step up and help,” says Marsalis.
The idea to start the KNOMA initiative arose from a local record store’s tribute to Marsalis’ father. 
“Peaches Records in Uptown New Orleans, for decades a supporter of local artists and New Orleans music, posted a sign that read, ‘Thank you Ellis Marsalis for Keeping NOLA Music Alive!’ the day after my dad’s passing,” Marsalis said. He developed a plan, assembled a board of directors, and secured lead funding for KNOMA, assuring that 100 percent of all donations go directly to New Orleans musicians and culture bearers. 
Artists, who must be native-born or long-term resident performers in New Orleans to receive assistance, can apply for grants through KNOMA’s website.
“We can no longer take for granted the brass bands on corners, the street musicians in Jackson Square, and the players in our clubs who perform with the joy and celebration that millions of visitors equate with the Big Easy,” says Marsalis.  “We have to keep our music, the heart of New Orleans, beating for generations to come!”
 For more information and to donate, visit www.knoma.org
 Media contacts for interviews with Mr. Marsalis: 

• Ann Braithwaite, Braithwaite & Katz Communications; 781-259-9600; Text: 781-367-9760, ann@bkmusicpr.com
• C. Brylski or D. Johnson (504) 897-6110; djohnson@brylskicompany.com; (504) 460-1468

 
​MISSION
Keep NOLA Music Alive assists in sustaining New Orleans culture by providing emergency aid to native musicians and culture bearers. 

ABOUT A rich and thriving musical culture attracts countless visitors to New Orleans from around the world. Native culture bearers—from musicians to dancers and other performers—have sustained this centuries old heritage for future generations to enjoy. The Covid-19 pandemic [and Katrina before it] has exposed the vulnerability of these individuals, who even in good times can suffer from circumstances beyond their control. Keep NOLA Music Alive, a 501c3, provides emergency assistance to those artists who live the music of the city where jazz was born. 

ELIGIBILITY Applicants must earn their livelihood substantially through performance in New Orleans and can demonstrate unexpected financial hardship. A written application must be submitted. ​

A statement from the Honorable Erroll G. Williams, Assessor:
 
In the interest of public health, employee safety, and slowing the spread of COVID-19, the Orleans Parish Assessor's Office located on the 4th Floor of City Hall will not be open to the public until further notice. Office staff will continue to work and be accessible by phone at 504.658.1300 and email, info@orleansassessors.com.

The Orleans Parish Assessor’s Office located in the Algiers Courthouse will be closed entirely until further notice. 
 
During this time, the only forms our office will collect are the LA Special Assessments Form (age/disability freeze) and Change of Address.
 
The LA Special Assessments Form (age and disability freeze applications) are available online and can be emailed to the office. If an individual wants to drop off a completed form with supporting documentation, they may do so at the mail slot located at Room 4E01. A staff member will contact the applicant at the phone number provided.
 
These forms are available at nolaassessor.com by clicking the FORMS tab. All supporting documentation must be provided and attached to the email or when dropped off with the completed application form. 

How to qualify for an Age Freeze 
To qualify for an age-freeze, the homeowner must be at least 65 by December 31st in the year preceding the year the freeze goes into effect and meet certain income restrictions. The maximum qualifying income changes annually; please call 504.658-1300 to verify the current maximum. Once successfully gained, this SAL is permanent and you do not need to reapply for it on an annual basis. Age-related abatements or “freezes” must be documented by:
 
1.      A valid Louisiana Driver’s License or Louisiana State I.D. (address must correspond to property’s address on application);
2.      Proof of annual income: 1040 adjusted gross income of prior year’s income tax return or Social Security award letter for individual with no income or job.
 
How to qualify for a Disability Freeze 
Disability SAL must be reapplied for annually. This special assessment is not to be confused with the 100 percent Veterans Disability. Disability-related abatements or “freezes” must be documented by: 
 
1.     A valid Louisiana Driver’s License or Louisiana State I.D. (address must correspond to property’s address on application); 
2.     A letter from a federal or state agency confirming the total disability; OR
3.     A service-connected disability of 50 percent or more with a Veterans Administration (VA) letter of determination or notice of award (address on letter must correspond to address on application); and
4.     Proof of annual income: 1040 adjusted gross income of prior year’s income tax return or Social Security award letter for individual with no income or job.
 
If you need a Homestead Exemption, please call our office at 504.658.1300 and we will mail the application form to you. We will not be processing nor applying Homestead Exemptions until the office is reopened. We do not anticipate this to have a significant impact on homeowners as Homestead Exemptions can be applied through August 15, 2020.
 
Thank you for working with our office to prevent further spread of COVID-19. ​

GUARDIANS OF OPIOID-DEPENDENT BABIES SEEK MDL CLASS CERTIFICATION BEFORE JUDGE POLSTER
 
Leading medical experts testify that in-utero opioid exposure causes birth defects
 
(CLEVELAND, OHIO) Attorneys representing America’s most innocent victims in the nation’s prescription opioid crisis took a significant step today within the Multi-District Litigation before Judge Daniel Polster in Cleveland, Ohio by seeking class certification of the guardians responsible for children injured by in-utero exposure to opioids and diagnosed with Neo-Natal Abstinence System or drug dependence.
 
States, cities, municipalities, hospitals and Native Americans have already gained such class certification status. Those classes do not include guardians of children who were born with Neo-Natal Abstinence Syndrome or drug dependent. 
 
This would be the first-time children diagnosed with Neonatal Abstinence Syndrome, due to the opioid use of their birth mothers, would finally have redress of the lifelong physical and development disabilities and defects these children do and will experience, said Attorney Scott Bickford. 
 
Mr. Bickford, who has argued on behalf of children with NAS for nearly two years before Judge Polster, said his team is being expanded by the legal expertise of Marc Dann, the former Attorney General of Ohio, and class-action experts Kelly and Tom Bilek.
 
“These children are the most vulnerable and blameless victims of the opioid crisis and will need lifelong medical monitoring and surveillance, as well as medical and social support services,” said Mr. Dann.
 
“This generation of children is not yet lost but will be without substantial intervention. For two years, their needs have been subordinated to the less urgent needs of government entities which do not have the legal ability to bring claims for these children, do not owe the duty of care to them and will never guarantee their on-going needs are met. Nevertheless, the child’s guardian will surely face and bear the fiduciary responsibility,” Dann added.
 
The legal filing, with supporting evidence from leading medical experts in the areas of NAS and the scientific relationship between in-utero opioid exposure and birth defects, puts forth studies and testimony to support these arguments, making these main points:
 
·      The nation is vastly undercounting the number of NAS babies, and data shows the number of babies with NAS babies born in the U.S.--now estimated at one every 15 minutes by the Centers for Disease Control– are far greater than the official government count because of flaws in how this information is gathered.
 
·      Babies are sent home from hospitals to guardians with little awareness of what the child and caregiver will face. While physical deformities may be evident when a baby is born, the growing medical science in the NAS area shows opioid exposure in the womb impacts brain size and development which results in long-term developmental effects such delays in walking, talking, hyperactivity, impulsive behaviors, aggression, learning disabilities and other problems which won’t demonstrate until the child ages.
 
·      Governments, schools and other institutions don’t understand the needs of these children because there is no registry of babies with NAS. Thus, families have no roadmap for the challenges ahead. Such a map can only be provided by establishing a registry and providing long-term medical monitoring and research. “This will allow for the program to reach out to the impacted families at the appropriate times,” wrote West Virginia Dr. Charles Werntz III, and also help identify the most hard-hit regions.
 
Certification of a nationwide class of guardians of NAS children must occur in 2020, the attorneys argue in today's filing on behalf of families in 34 state class actions. This is underscored by the fact that nationwide, one of every five pregnant women on Medicaid has been prescribed opioids, the filing claims. 
 
“In addition to medical monitoring claims to the guardian, plaintiffs seek to ensure that money needed to pay for testing and epidemiology is actually spent for the direct benefit of children born with NAS.  More urgently, intervention and education of doctors and women of child-bearing age is required to immediately stop the possibility of more such births by educating them and the public that opioids cannot be used during pregnancy,” said Mr. Dann.
 
The link to the filing and supportive statements is here: ​
​nas_opioid_2020_01_07_ts__motion-brief-appendix-proposed_order-declaration_with_exhibits.pdf