THE FIRM’S FEBRUARY 2015 NEWSLETTER

NEWS

  • Bernard and David will be speaking at a workers’ compensation seminar in June. The seminar is entitled “Fundamentals of Workers’ Compensation” and is sponsored by Sterling Education Services, Inc. The seminar will take place on June 9, 2015 in Montgomery. David will be discussing an “Overview of the Workers’ Compensation Claim” while Bernard will be speaking on “Social Media and the Workers’ Compensation Claim.”
  • Judge Tom King, Jr. retired last month. Judge King served as a Circuit Court Judge in the 10th Judicial Circuit (Jefferson County, Alabama) since 2001. David served as Judge King’s law clerk in 2003. We wish Judge King the best on his well-earned retirement! Pictured below are David and Judge King at last month’s retirement ceremony.

 

  • The Firm contributed to Relay for Life. This year, Birmingham-Southern is getting the privilege of having it’s very first Relay for Life event! The event will be on April 16th, 2015 from 6:00PM-12:00AM on the Academic Quad. It will feature a stage, bands, games, team’s set up tents to fundraise and other surprises. Partnered with American Cancer Society, Relay for Life helps raise awareness and money to help defeat the disease that affects too many people we all know and love. Every year, the Relay for Life movement raises more than $400 million. The American Cancer Society puts these donations to work, investing in groundbreaking research in every type of cancer and providing free information and services to cancer patients and their caregivers.
  • Great article about Baldwin County’s successful Veteran’s Court that came out this week. Veteran Court Mentor Coordinator Joel Nomberg was interviewed.
    https://www.al.com/news/mobile/index.ssf/2015/02/veterans_courts_soaring_in_dem.html#incart_river
  • David recently joined the Board of Directors of Heart Gallery Alabama. Heart Gallery Alabama is a non-profit organization dedicated to raising awareness, educating the public and finding forever families for children in foster care in Alabama. Heart Gallery recruits professional photographers and videographers to capture each child’s individual spirit in a moving photographic, multi-media and narrative journey – featured online and in public venues. David is also chairing the HGA Governance Committee. This is a great organization doing a lot of good in Alabama for children and families.
  • Bernard and David are long-time members of the Alabama Association for Justice. David recently became a Sustaining Member of ALAJ. Bernard and David are members of ALAJ’s Workers’ Compensation Section, which was recently honored by ALAJ with a Resolution celebrating the Section’s 10 years of existence. ALAJ’s Mission is to make sure any person who is injured by the misconduct and negligence of others can get justice in the courtroom, even when taking on the most powerful interests; to eliminate civil justice restrictions; to ensure our members have the tools needed to provide a level playing field through timely ethical and educational programs; to strengthen the civil justice system so that deserving individuals can get justice and wrongdoers can be held accountable; to strive for equality in the one room where individuals and powerful interests are held accountable.

RECENT CASES OF INTEREST

  • What happens to a proposed settlement in a workers’ compensation claim that is not approved by the judge? In December 2013, an injured worked entered into a proposed settlement with the insurance company. He was not represented by counsel at the time he agreed to the settlement. The proposed settlement of $20,000 was reviewed by a judge who did not approve the settlement and recommended the man discuss the matter with a lawyer. He was then referred to our firm by another lawyer. After reviewing the facts, we were of the opinion that the settlement was not fair and reasonable. We filed a workers’ compensation lawsuit in Jefferson County on behalf of our client. We litigated the case and a few days before trial the case settled for $127,500 with the employer responsible for future medical benefits. This was a significant increase over the first settlement and based upon the facts of the case, was fair and reasonable. We are most proud of this result for our client.
  • David settled an automobile accident case for $95,000. The workers’ compensation carrier agreed to waive its subrogation interest. Our Client was compensated for his pain and suffering and reimbursed for six months of lost wages.
  • David filed a lawsuit in Jefferson County on behalf of an underground coal miner who suffered a significant foot injury requiring multiples surgeries. Due to his injuries and work restrictions our Client cannot return to his job.
  • David filed a workers’ compensation and negligence lawsuit in Etowah County on behalf of a worker injured while performing her job duties. Our Client was run over by a person operating a golf cart. Her injuries required surgery on her arm. She now has retained hardware in her injured arm.
  • Bernard settled a St. Clair County workers’ compensation case involving a client who was injured when a robber assaulted her in the store where she worked. Issues in the case addressed PTSD and third party criminal acts.
  • Bernard filed a workers’ compensation lawsuit in DeKalb County for a client who was injured while working as a laborer in a distribution center. She injured her back and hip when lifting heavy boxes of inventory off of a pallet. The client also has a prior heart condition that was exacerbated by this on-the-job accident.
  • David filed a workers’ compensation lawsuit in Jefferson County for an employee who injured his shoulder performing his job duties. Injury resulted in two shoulder surgeries for our Client. As a result, he can no longer perform the duties of his job and earns less money now.

CASES THE FIRM IS INVESTIGATING

BP CLAIMS DEADLINE – The deadline to file is JUNE 8, 2015. If you know of any business owners located in Alabama, Mississippi, Louisiana and the panhandle of Florida who have not had their business evaluated for a BP business economic loss claim, now is the time. Business economic loss claims have been paid to thousands of businesses regardless of their distance from the gulf, or their lack of direct business with the gulf coast. Causation (i.e., that BP impacted the economic loss of a business) is not required for the settlement. BP decided instead to use a simple revenue/economic loss test as the mechanism for qualification.

WHISTLEBLOWER / QUI TAM – Whistleblower claims of government fraud ranging from Medicare/Medicaid to military contracts, and any other type of fraud involving a government contract. Under the False Claims Act (FCA) the whistleblower is entitled to a percentage of the recovery. The law provides citizen-plaintiffs, called “relators,” with powerful incentives – sometimes up to 30 percent of the amount recovered – to report instances of fraud against the federal government. The relator must have first-hand knowledge of the fraudulent activity.
Common schemes involve double-billing for the same service, inaccurately coding services, and billing for services not performed. Studies show that as much as 10 percent of Medicare/Medicaid charges are fraudulent. Additionally, the Commission on Wartime Contracting has warned that the lack of oversight of government contractors has led to massive fraud and waste.

XARELTO – Lawsuits filed against Johnson & Johnson subsidiary Janssen Pharmaceuticals and Bayer Corp. over the blood thinner Xarelto have been consolidated in Louisiana federal court. Xarelto has been linked to serious side effects including internal bleeding, gastrointestinal bleeding, brain bleed and death.
The Xarelto lawsuits come on the heels of the recent $650 million Pradaxa settlement. Researchers linked Pradaxa, also a blood thinning medication, to more than 500 deaths. Xarelto blood thinner litigation has been consolidated before U.S. District Judge Eldon Fallon in the Eastern District of Louisiana, who presided over suits against Merck & Co. related to its medication Vioxx. The Vioxx litigation resulted in a $4.85 billion settlement in 2007.

SOCIAL SECURITY DISABILITY – If you think you or a loved one qualify for Social Security Disability benefits, please consider contacting us. We can guide you through the arduous process. https://www.huffingtonpost.com/brad-reid/a-social-security-disabil_b_6465746.html

NEW ARTICLES FROM NOMBLOG

WHAT OUR CLIENTS ARE SAYING ABOUT US

Attorney David Nomberg provided excellent legal representation while handling my case. He made me feel at ease regarding this situation by being readily accessible with the highest level of legal expertise to answer any questions/concerns that I had regarding my case. His office staff also proved to be knowledgeable and courteous. Because of the actions of Attorney Nomberg throughout the entire process, I felt confident that there would be a positive resolution to my case. Would highly recommend.

C. Washington / Birmingham, Alabama

Bernard Nomberg provided me with exceptional legal counsel for my claim. Even though the adjusters were being difficult and hard to deal with, Bernard got the job done thoroughly and efficiently. He is a very respectful and understanding individual. I would definitely recommend him for legal services.

Joey S., Bessemer, Alabama

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