Thursday, October 23, 2014

Couple Sues After Sloppy Handwriting Alters Their Family Plans

It’s a story that has been making news headlines all over the country. Jennifer Cramblett is suing the sperm bank that gave her and her partner the wrong vials for Ms. Cramblett’s artificial insemination. Instead of receiving vials from donor 380, a blond-haired and blue-eyed man who resembles the physical characteristics of Amanda Zinkon, Ms. Cramblett’s partner, the couple received the sperm of donor 330, an African-American. Ms. Cramblett is now seeking compensation for the ongoing and growing needs of their family and hoping to prevent this same mistake from happening again.

The motives in this case have been questioned. While they found out about the mix-up five months into the pregnancy, they only now are filing a lawsuit, two years later. Why did they wait so long? Also, there are accusations that the couple is upset about not having a white child and believe they deserve money for being given a daughter with darker skin.

The two have shared that the decision to take legal action was made only after they fully realized the challenges they would be facing. They want to move their family to a town that has more racial diversity, as their small town in Ohio is almost entirely white, so that their child can be around peers who look like her. They also believe such a community will be more accepting and provide the resources they need. The couple is adamant that no matter what, the bond they have with their daughter is strong and unconditional.

While sperm bank mistakes are fortunately rare, there are other instances in which a health care provider or family agency can make an error that dramatically affects your children and other loved ones. If this has happened to you, the personal injury attorneys at Bertolino LLP are ready to help. We will listen and learn and then guide you through the steps necessary to find the justice you deserve.

Have you read about this sperm bank mishap in Ohio? What are your thoughts on the lawsuit?

Monday, October 13, 2014

Drunk Driving is Wrong Regardless of Social Status

Most of us remember when the scandal broke just a few days before the 2000 presidential election revealing that Governor George W. Bush had been arrested for drunk driving back in 1976. Although the incident occurred almost a quarter century earlier, Bush’s entire presidential campaign team flew into damage control mode. And, as we all know, Bush went on to win the election in one of the closest and most controversial contests in our history.

One of Bush’s companions that evening has spoken out about the incident nearly forty years later. John Newcombe shared in an interview with a Melbourne radio station that he spent the evening drinking with the former president and several others at a pub near the Bush family’s vacation home. The entire recounting can be found in a recent article published by The Houston Chronicle. The main point seems to be that George W. Bush was cordial to everyone involved and the charges were left as part of his part along with the other episodes of his drinking days. And I believe he readily would admit his decisions that night were poor.

Future presidents, much like professors or electricians or dentists, have been known to enjoy a drink after a long day. Done responsibly, this should not impact our trust in their ability to do their jobs. Sometimes, though, people make the decision to get behind the wheel of a car after drinking and this is a mistake regardless of profession or financial status. It is never OK and should not be excused.

If you or a loved one has been the victim of another person’s poor decision to drive after drinking, you deserve to be compensated. Car accidents involving a drunk driver can result in personal and property damages, lost wages, and the psychological impact of such an event. The personal injury attorneys at Bertolino LLP will work tirelessly to make sure that you get everything you deserve. Please call us today.


Monday, October 6, 2014

You Have Legal Rights If Benched for No Good Reason

In front of a prime-time audience of millions, something happened last Monday night that sent shockwaves throughout the world of football. New England Patriots quarterback Tom Brady was benched. Sports commentators and social media users were equally shocked by the sight of the future Hall of Famer riding the bench.

The quarterback change took place in the fourth quarter of a game against Kansas City, one in which the Chiefs went on to win by a score of 41-14. Brady’s management of the game was marked by punts and fumbles and the hand-wringing of fantasy football players across the nation. His performance offered a legitimate reason to take him off the field and give the backup quarterback, Jimmy Garoppolo, a chance to show what he could do (which, at least on this particular night, was play better than Tom Brady).

Maybe someone who lives in a state with the NFL team that had the worst record in the league last season (not to be repeated this year) should not point out the flaws of a great player who has led his team to three Super Bowl victories. But, that moment points to the broader idea that if your performance is not up to expectations, you will get pulled for someone else.

At Bertolino LLP, all of our attorneys are dedicated to working their hardest every day to take care of our clients. We know that the men of women of Texas have plenty of options when choosing counsel to represent their professional reputation or help them receive compensation following a car accident or work with family members to develop a plan that is in the best interest of the children when a marriage comes to an end. We never take for granted that our clients have entrusted us with these important tasks and work diligently to maintain the right to stay on the field.

Yes, ethical and dedicated work should be expected in any profession. Unfortunately, though, there are instances in which individuals get “benched” at their jobs for no legitimate reason. Due to discrimination based on race, sex, religion or other characteristics, people get passed over for promotions or even fired altogether. If this has happened to you, it is not right and there is legal recourse. Please call our office today and let us get to work in claiming the justice you deserve.

Friday, October 3, 2014

Good News for Kids in Texas

When it comes to the welfare of the children in our state, any good news is welcome. There is no more important task put before our communities, our elected officials and our families than caring for and protecting the youngest and most innocent among us. Therefore, while knowing that even just one child in Texas dies from abuse or neglect is tragic, it should be recognized as progress that the number of boys and girls who pass away under such horrific and often preventable circumstances is declining.

The state’s Department of Family and Protective Services has reported that 149 children died from abuse or neglect in the past fiscal year, which marks the fourth consecutive year that this number has dropped. We are still failing some of our kids and the systems in place must continue to improve, but more children are staying alive in Texas than they were a few years ago. This is a good thing and it makes the statement that Texas is focused on improving the lives of its children and families.

In some of the instances that created the drop in cases, the intervention of social services made the difference. Other times, an adult in the room demanded change because in order to save the lives of children, a dangerous relationship must be brought to an end. I see both men and women in my office who realized long ago that their marriages were not healthy and those ties needed to be severed, but it was finally acknowledging the impact that abuse or addiction was having on kids in the home that forced them to act.

If your children are being harmed, or if you are facing violence in your home, you need to leave. It can be frightening to stand up and defy the abuser, but there is help out there. At Bertolino LLP, we have attorneys who first will listen as you share your individual situation and then develop a legal plan that will get you safe and moving forward.

Please contact our office today. We do not have all of the resources you need to rebuild a safer and stronger family, but we definitely are an important and helpful part of the strategy.