THE FIRM’S NEWSLETTER – APRIL – JUNE 2015

NEWS

  • The Nomberg Law Firm is pleased to announce that both Bernard and David have been named to the 2015 edition of the Alabama Super Lawyers. This is the 3rd year in a row both attorneys were selected for workers’ compensation. See BERNARD AND DAVID NOMBERG SELECTED AS 2015 SUPER LAWYERS
  • Bernard and David were speakers at a workers’ compensation seminar this month. The seminar was the 7th annual “Fundamentals of Workers’ Compensation” seminar sponsored by Sterling Education Services, Inc. and took place in Montgomery on June 9, 2015. Bernard discussed “Social Media’s Effect on the Workers’ Compensation Claim” while David spoke about an “Overview of the Workers’ Compensation Claim”. Their presentations were well-received by the attendees.
  • Congratulations to David on being installed this month on the Alabama Association for Justice Board of Directors.
  • The Firm attended the Heart Gallery Classic at Regions Field. 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. David is currently serving on the Heart Gallery Alabama Board of Directors.
  • So many of our clients are referred to us by attorneys, friends and former clients. We just wanted to say thanks to those of you who are kind enough to refer your clients, family members and friends to us. It is appreciated and we appreciate you!
  • Its HOT outside! Whether you are working in your yard or exercising, take care of yourself by following these recommendations: https://www.mayoclinic.org/healthy-lifestyle/fitness/in-depth/exercise/art-20048167
  • Bernard was recently nominated to be the Treasurer of the Alabama State Bar Workers’ Compensation Section beginning late summer.

RECENT CASES OF INTEREST

  • Bernard settled a Bullock County workers’ compensation case for a client who worked at a chicken processing plant for 35 years. She developed arthritis in her shoulder and later tore her rotator cuff in a work accident.
  • David concluded an Autauga County workers’ compensation case this month. His client was a boilermaker who injured his back while performing his job duties. The case settled for $100,000.00 with the employer remaining responsible for our client’s back-related medical care.
  • David filed a workers’ compensation lawsuit in Tuscaloosa County on behalf of an over the road truck driver injured at work. Our client suffered a shoulder injury while performing his job duties requiring surgery. Unfortunately, he cannot return to his line of work due to permanent work restrictions. We could not reach a settlement agreement before filing the lawsuit. We look forward to representing our client in court and helping him obtain his workers’ compensation benefits.
  • David settled a workers’ compensation claim for a client who injured his shoulder at work. His injuries lead to multiple surgeries. Fortunately, our hard-working client was able to return back to his job. His claim settled for $50,000.
  • Bernard helped a long time client close out her future medical care from a workers’ compensation case from 2004. Our client injured her back many years ago while working on the job as a claims adjuster for an insurance company. We settled that case in Jefferson County for a sizable lump sum while leaving her future medical care needs open. More than a decade later our client no longer needs continual medical care. She does receive medicine that helps her to continue working. Now our client may go to any doctor she so chooses for these work-related medical care needs. Our client is very pleased at the results, as are we.
  • Bernard finalized a Dekalb County a workers’ compensation settlement with a client. Client injured her low back when she was lifting heavy boxes off a pallet. An MRI revealed a disc bulge in L4-5 region with an annulus tear which required extensive medical care. Ultimately our client was released back to work with permanent restrictions. We are very pleased with the settlement terms for our client. More importantly, she is pleased as well.
  • David filed a lawsuit for workers’ compensation benefits in Shelby County on behalf of a client who injured his shoulder performing his job duties. Our client had multiple surgeries to repair his shoulder. The injuries and permanent work restrictions prevent our client from returning to work.
  • David filed a lawsuit for workers’ compensation benefits in Franklin County on behalf of a client who has bilateral rotator cuff tears requiring surgery on both shoulders. We look forward to representing our client in court and assisting her in obtaining her workers’ compensation benefits.

CASES THE FIRM IS INVESTIGATING

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.

REGLAN – is a drug used to treat many gastrointestinal disorders. The makers of Reglan failed to warn users that the medication has a very permanent and very severe side effect. Because of this, numerous lawsuits have equaled multimillion dollar payouts to victims of this medication.

DRAM SHOP – It is against the law in Alabama to sell or furnish alcohol to someone that causes injury to another as a result of being intoxicated. This law is referred to as the “Dram Shop Act.” If you are injured by a drunk driver, the injured person can pursue a claim against the intoxicated driver and the server or establishment that sold or provided the alcohol to the intoxicated person.

MIRENA – Mirena® is an IUD that was originally approved by the FDA as an intrauterine contraceptive. It was later approved as a treatment for heavy menstrual bleeding. It works by slowly releasing a low dose of levonorgestrel (a synthetic progestin hormone) directly into the uterus. Serious adverse side effects and potentially life‐threatening complications have been reported following the implantation of the device. These complications include organ perforation, migration of the IUD to outside the uterus, expulsion of the IUD, and embedment in the uterus, among others.

LIPITOR ‐ a statin drug to treat high cholesterol, was approved by the FDA in 1996 and is one the best‐selling prescription medications in the world. Recent studies have found a possible link between Lipitor and the risk of developing Type 2 diabetes. A University of Massachusetts study found a potential link in postmenopausal women, particularly those who had a Body Mass Index (BMI) less than 30. Of the 153,840 women evaluated, more than 10,000 had developed Type 2 diabetes by the end of the study.

NEW ARTICLES FROM NOMBLOG

  • A DIFFERENT TYPE OF SETTLEMENT MILL by David Nomberg Injured workers who do not have a lawyer representing them get put through the work comp mill. That is not a good thing.

WHAT OUR CLIENTS ARE SAYING ABOUT US

David was very easy to work with. He always kept me informed of the things I needed to know. He was always available to answer my questions and never seemed to be in a rush when I called him. He is very knowledgeable and trustworthy. I would definitely recommend him to anyone who is looking for someone you can trust and will guide you every step of the way.

— Jack D., Springville, Alabama

I was extremely pleased with Bernard Nomberg’s services. He was at all times responsive to me concerning my case. He was very knowledgeable on the laws pertaining to my case and was able to explain them in a manner that I fully understood. I could not be more pleased with Mr. Nomberg and would highly recommend him to anyone that is in need of a great trustworthy and knowledgeable lawyer.

— Jonathan A., Ft. Payne, Alabama

Mr. Nomberg is very professional. He handled all my calls and emails in a very timely manner. He Answered any and all questions I had and was a pleasure to work with.

— Eric B., Warrior, Alabama

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Steve Altmann has been assisting consumers and business owners with bankruptcy matters for more than 27 years. 

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