Oh Baby, Adoption’s a Fabulous Option!: Colleen M. Quinn Esq. presents a Free Workshop on April 24

2012 April 19 by adamb

Click here to download a PDF of the announcement.

Making Sure Your Medical Bills Get Paid if You are in an Accident

2012 April 14 by adamb

If you are in an accident – and you are injured – be sure to know the various sources for getting your medical bills paid. These include: health insurance, workers compensation (if the accident happened while you were on the job), medical payments coverage and, lastly, liability coverage.

Regardless of who is at fault for the accident– it is important to check to see if there is medical payments coverage. If it was an automobile accident – check to see if you have medical payments coverage under your automobile insurance policy. Medical payments coverage is there to cover any of your medical bills for any medical treatment arising out of the accident. And you are entitled to collect it even if you have health insurance or if workers compensation applies. Sometimes businesses also have medical payments coverage for when someone gets injured on the business property.

In addition, usually the amount of medical payments coverage is “stacked.” What that means is, if the amount of coverage showing on the declaration page of your auto policy is $1,000, but you have two cars on the policy, then the total amount of coverage actually is $1000 times two or $2,000.

If you were not at fault, the other source for getting your medical bills paid is the liability insurance policy of the person or company who is at fault and responsible for the accident. However, since it can take some time to collect against that person’s policy, it is important to look to all the other sources first. If that person did not have insurance, a final resort if it is an automobile case is to see if you have uninsured motorists coverage under your own policy. Depending on the case, sometimes homeowner’s and umbrella policies also might be implicated.

Because insurance policies sometimes can be difficult to understand, and because the sources of recovery and how they interact can be confusing, it is important to consult with a qualified personal injury attorney to maximize your recovery if you are in an accident and ensure all your medical treatment is covered.

What Can a Court Decide in a Divorce?

2012 April 12 by adamb

Other than dissolving the marriage, what other decisions can a divorce court make? Jurisdiction for divorce cases in Virginia is created by laws passed by the Virginia General Assembly. The Circuit Courts in Virginia have jurisdiction over divorces. By statue, the Circuit Courts can not only dissolve the marriage once grounds for divorce have been established, but once the court has jurisdiction over the divorce, it can enter orders related to other issues that typically arise in a divorce situation.

The court can enter orders equitably dividing the marital property and debts of the parties. Equitable division does not mean an even or equal distribution and there is no presumption in Virginia that property and debts will be divided equally between the parties. The court has the authority to divide marital property and debts; therefore, the court must first identify what property and debts exist and whether the property and debts are marital or separate (belong to one spouse only).

As part of a divorce case, the court can also enter an order for payment of spousal support, also referred to as alimony, from one spouse to the other. Under Virginia law, spousal support can be awarded as a lump sum, as periodic payments until death or remarriage of the receiving spouse, or as periodic payments for a defined duration or period of time. Virginia law sets forth specific factors that the court must consider when it determines whether to award spousal support, how much, and for how long.

The circuit courts in Virginia are also authorized by statute to enter orders related to custody, visitation and child support for any minor children the divorcing parties have in common. The jurisdiction to decide child custody, child visitation, child support and temporary spousal support is concurrent jurisdiction between the circuit courts and the juvenile and domestic relations district court. What is concurrent jurisdiction? Once spouses are separated, either of them can file petitions in the juvenile and domestic relations district court asking that that court decide child support, child custody, visitation and/or temporary spousal support. At the same time, if grounds for divorce exist, either of them could also file for divorce in the circuit court, asking that that court also decide child support, child custody, visitation and/or temporary (and permanent) spousal support. If the juvenile court decides these issues and its decision is not appealed, the decision made by the juvenile court is final except for spousal support. Whatever decision the juvenile court makes with respect to temporary spousal support may be altered by the circuit court when it decides the issue of permanent spousal support.

Each issue that can be decided by a circuit court in divorce is governed by Virginia statutes and case law (court decisions) that have developed with regard to each issue. The law with respect to grounds for divorce, equitable distribution, spousal support, child custody, visitation and child support is constantly evolving, making it crucial that you seek representation from an experienced family law attorney who is familiar with each of the issues and the most current cases and statutes that affect those issues.

VIRGINIA THIS MORNING: NAWBO/Girl Scouts Partnership

2012 March 29 by adamb

Attorney Colleen Quinn, who serves as the current
President of the Richmond Chapter of the National Association of Women
Business Owners (NAWBO) was featured on Virginia This Morning, Channel
6, on March 28, 2012, regarding NAWBO’s new mentorship program with the
Girl Scouts.

http://wtvr.com/2012/03/28/virginia-this-morning-nawbogirl-scouts-partnership/

Adrienne Barnes

2012 March 5 by adamb

Adrienne Barnes joins Locke Partin DeBoer & Quinn

Adrienne graduated Magna Cum laude from Mary Baldwin College in 1999 with a double major in political science and economics and graduated from Washington and Lee (W&L) University School of Law in 2002. While at W&L, she was a member of the Virginia Capital Case Clearinghouse through which she worked on death penalty cases and provided research and motions to support capital defenders; she is published in the Capital Defense Journal. Click here to view her full bio.

Gamete Donation – Buyer Beware

2012 February 28 by adamb

Protecting Donors as to the Sperm They Donate and Protecting Recipients of the Sperm Used to Create: The Unfortunate Story of a “Sperm Warranty” Gone Afoul

- By Colleen M. Quinn, Esq., Fellow of AAARTA and AAAA

The recent lawsuit out of North Texas underscores the need for donors and recipients of gametes (sperm or egg) to seek out legal counsel as well as other means of protective action. If you have not heard the story – (which can be found at http://dfw.cbslocal.com/2012/02/16/parents-sue-cryogenic-center-over-childs-cystic-fibrosis/), Sharine and Brian Kretchmar purchased sperm from the New England Cryogenic Center (“NECC”), near Boston, which they needed to help them conceive a child. The sperm bank’s website talks about having a “healthy baby.” It states: “No specimens are released until it has been tested” for a list of diseases including cystic fibrosis. Yet their son Jaxon, now 22 months old, was born with debilitating cystic fibrosis.

Turns out that NECC evidently purchased the sperm from a bank in Wyoming called Rocky Mountain Cryogenics in 1993. Notably, in April of 2008, the New York Department of Health evidently inspected NECC and cited that some “donors are not appropriately screened and tested.” And, some vials of semen are “not tested” for infectious diseases including syphilis and gonorrhea. The sample vials it referenced were from the Rocky Mountain Cryogenic inventory purchased by NECC. In response to its findings, the New York Department of Health sent NECC a letter stating that it could not “distribute” sperm received from Rocky Mountain Cryogenic to the state of New York. However, that did not prevent the sperm from being shipped elsewhere.

NECC has since updated its website. It now states: “Cystic fibrosis (please note that not all donors have been tested for the same number of CF mutations. Please call and speak with an NECC customer representative to find out the specific number of mutations tested on your donor of choice).”

Effective on May 25, 2005, the FDA commenced its regulation of reproductive tissue banks (21 CFR Part 1271). The FDA’s regulatory focus includes standards for the screening and testing of donors and proper record keeping procedures. Since these regulations became effective, all major sperm banks are to be audited for compliance by the FDA through on-site inspections. However, while the FDA is the regulatory agency for reproductive tissue banking and mandates testing for infectious diseases, the FDA audits and inspections are limited and tissue banking remains a not very tightly regulated industry. Certain industry standards require genetic testing and most banks claim to test for genetic disorders; however, such testing for genetic disorders is not legally mandated by the FDA. So what lessons can be learned from this tragic situation other than “buyer beware”?

• All parties involved: donors, recipients, gestational carriers and donor banks should consult with qualified legal counsel (specifically Fellows in the American Academy of Assisted Reproductive Technology Attorneys “AAARTA”) to ensure the best and most up to date advice.
• Donors and recipients should only use a qualified cryogenic bank – that includes ensuring that the bank is registered with the Food and Drug Administration (“FDA”) and doing an accredited bank search with the American Association of Tissue Banks (the “AATB”). It also includes making sure that the cryogenic bank meets all regulatory requirements of the American Society of Reproductive Medicine (“ASRM”) and the AATB. The 12th Edition of the AATB Standards for Tissue Banking can be ordered through the AATB Markeplace. More standards, protocols and practice standards can be found through the ASRM.
• Ask for specific documentation that establishes that screening has occurred and specifically lists the exact genetic screening done with the actual results (donor identity redacted for the recipients). Donors should be concerned about seeing the test results as well for their own protection.
• The specific tests and results should be shared with the involved fertility specialists who can assist in determining if the most technologically advanced testing was performed.
• Recipients as well as donors should be tested (note that the CF gene must be carried in both the sperm and the egg).
• The “age” of the sperm should be assessed and “older” stored sperm (anything more than six months old, possibly less than that per the advice of the fertility specialist) should be re-tested using the most technologically advanced protocols.
• Cryogenic banks and fertility clinics should consult qualified legal counsel with regard to the nature of any warranties or representations made. Appropriate disclaimers and releases of liability should be signed by donors, recipients and carriers.

Hopefully with sound advice and counsel, situations such as the one encountered by the Kretchmars with their son Jaxon can be avoided in the future.

Victory in Virginia as Senate Votes to Stall Personhood Bill

2012 February 27 by adamb

Locke Partin DeBoer & Quinn and surrogacy attorney Colleen M. Quinn applaud the decision by the Virginia Senate on February 23, 2012, to table HB1 and end its prospects of passage this year.

This bill would have established that legal personhood existed at “every stage of human development.” Such a law would have endangered access to a number of crucial aspects of reproductive medicine: IVF, contraception, and treating ectopic pregnancies all would have been in danger. Moreover the status of thousands of embryos in storage, and put into storage in the future, would have been at issue with concerns about having to preserve embryos in perpetuity. The bottom line is that the bill was riddled with unintended (and perhaps some intended) consequences for families considering IVF, surrogacy, embryo donation and egg and sperm donation.

The voices of people concerned with reproductive health – from family building to contraception – were heard. The Virginia Senate, like the voters in Mississippi and Colorado before them, refused to take an extreme stand that would endanger reproductive health.

Locke Partin DeBoer & Quinn Expands

2011 April 16 by admin

Locke Partin DeBoer & Quinn is pleased to announce the opening of their second location at 6101 Harbourside Centre Loop, Midlothian, Virginia 23221. Our new location is conveniently located on Hull Street Road across from the Bonefish Grill. Our divorce, adoption and personal injury lawyers are now located at two office locations to better serve our clients in matters involving divorce, custody, support, personal injury, women’s injury, adoption, surrogacy and all related issues.

LPDQ Adds New Family / Real Estate Law Lawyer

2011 April 15 by admin

Locke Partin DeBoer & Quinn proudly announces the addition of Sharon B. Ten to the firm. Sharon is a 1994 graduate of the T.C. Williams School of Law and focuses her practice in the areas of family law and estate planning. Sharon’s vast experience and skill in handling matters of divorce, custody, support, wills and trusts will enhance Locke Partin DeBoer & Quinn’s ability to take care of the needs of our clients in all of these areas. Sharon will reside primarily in the law firm’s newly-opened Midlothian office at 6101 Harbourside Centre Loop, conveniently located across Hull Street Road from the Bonefish Grill.

Colleen M. Quinn Receives Coveted YWCA Outstanding Women Award in Law and Government

2011 April 12 by admin

Locke Partin DeBoer & Quinn congratulates our partner, Colleen M. Quinn, for receiving the 2011 YWCA Outstanding Women Award in Law and Government. Colleen is recognized for her years of work in representing injured women through her Women’s Injury Law Center, adopting and natural parents in the adoption process, surrogates and potential parents through all the steps in surrogacy and insemination issues, and victims of accidents or intentional crimes. Colleen is a true advocate for the rights of all of her clients. We salute her and the outstanding legal skills she puts to work for the betterment of her clients.