- We want to wish all of our friends a Happy, Healthy and Prosperous New Year! 2015 was a great year for us and we wish everyone all the best in the coming year! We are fortunate to love what we do and look forward to continuing to help our clients with their cases in 2016!
- We have a great staff consisting of Ray Neal (paralegal), Emily Wells (legal assistant) and Hannah Drake (legal assistant). They are hard workers, dedicated to helping our clients. We enjoy working with them and are thankful for their commitment to our clients.
- We are very proud to have donated 100 bicycle helmets to First Teachers at Home, a Birmingham non-profit who work with parents weekly to help them learn how to teach their kids the skills needed to succeed in school and in life. We have donated 760 helmets to area children since 2013. These helmets serve a dual purpose; they can be worn in the event of life-threatening storms and they can be worn for their intended purpose, when the children ride their bicycles and scooters.
- The Firm made its annual donation of gloves, hats and blankets to a local shelter. With the cold weather fast approaching, we know these items will be put to good use.
- David was a speaker at the Birmingham Bar Associations’s Workers’ Compensation Section’s Breakfast with the Judges Seminar. David spoke about the benefits of deposing the corporate representative in a workers’ compensation case. David will be speaking at the Alabama Association for Justice mid-winter conference next month. He will be speaking about Common Issues and the Occasional Landmine in the Workers’ Compensation Claim.
- David recently joined the Workers Injury Law and Advocacy Group (WILG). WILG is the national non-profit membership organization dedicated to representing the interests of millions of workers and their families who, each year, suffer the consequences of work-related injuries or occupational illnesses and who need expert legal assistance to obtain medical care and other relief under workers’ compensation programs. WILG is a network of like-minded advocates for workers’ rights, sharing information and knowledge, a sense of commitment and kinship, and networking to help each other and our clients. David is serving on the Opt Out Task Force as well as Co-chairing the Southeast Regional Conference to be held next May in Nashville.
- Here is a nice article about the Baldwin County Veterans Court where Joel Nomberg serves as a Veteran Mentor: BALDWIN COUNTY COURT OFFERS VETERANS A CHANCE, SUPPORT TO “BUILD THEMSELVES UP AGAIN”
- The National Society of the Daughters of the American Revolution, Alamo Chapter, honored Joel Nomberg for his valor, service and sacrifice during the Vietnam War. Dad served in the U.S. Army. We congratulate him on his recognition.
RECENT CASES OF INTEREST
- Bernard recently filed suit for a trucker from Colorado who was involved in a serious accident on I65 near the 280 interchange in Jefferson County. The defendant driver merged into traffic but did not keep a proper lookout for our client who was driving an 18-wheeler. The other driver tragically died in the accident. Our client had his right leg amputated and has been under psychological care since the accident from August 2014. He has not worked since the accident and recently applied for Social Security disability benefits.
- David and co-counsel reached a settlement for a client involved in an automobile accident in Talladega County. Our client was a passenger in a car involved in an accident. The settlement was for $55,000 and will pay our client’s outstanding medical bills and compensate her.
- David filed suit in St. Clair County for an employee injured working at an automobile manufacturing plant. Our client suffered a neck injury resulting in a cervical fusion.
- David reached a settlement for a client injured in an industrial accident. Our client broke both ankles resulting in multiple surgeries. This Shelby County claim settled for $88,000 with the employer responsible for future medical benefits.
- David settled a Hale County workers’ compensation case for $80,000. Our client hurt his back at work performing his job as a hearing and air conditioner technician. The workers’ compensation carrier will continue to pay for our client’s ongoing medical treatment.
- David filed a lawsuit for a Birmingham man who hurt his arm at work resulting in multiple arm surgeries.
- David reached a settlement for a Tuscaloosa man injured who injured his shoulder at work. This $90,000 settlement was recently approved by the Circuit Court in Tuscaloosa County. The employer remains responsible for paying for our client’s medical care.
- David filed a lawsuit in Jefferson County for a man injured in an automobile accident while working. Our client suffered a shoulder injury in the accident, which has led to him having two surgeries. We look forward to assisting him obtain his workers’ compensation benefits.
- David filed a lawsuit in Walker County for a man injured while operating a work truck. Our client was involved in an accident resulting in a cervical surgery.
- David filed two lawsuits this month due to insurance companies and their adjusters failing to approve medical treatment. One case was filed in Marshall County and the other was filed in St. Clair County.
- David recently concluded litigation in a hotly contested workers’ compensation case pending in Bessemer. Our client suffered a traumatic foot injury that lead to him having psychological injuries. Several depositions were taken during litigation. The Defendant filed for bankruptcy protection. The case settled at mediation for $100,000 with the employer responsible for paying for future medical benefits.
- Bernard settled a Talladega County workers’ compensation settlement for a very deserving client. Our client injured her shoulder while working in a warehouse. The injury required surgery and rehabilitation. Fortunately, our client has since recovered and returned back to work.
- Bernard settled a Russell County workers’ compensation claim for a client who injured her shoulder and arm when a box of frozen chicken parts slid off the processing conveyor belt. She reached to grab for the heavy box when she injured herself.
- Bernard recently filed suit in Lee County for a fellow who injured his low back while moving a large piece of furniture. The complicating issue in this case is that he had a prior injury that was not work related. He now is going to require the use of a bone stimulator to help relieve the pain. Hopefully the judge will see things our way in the end.
CASES THE FIRM IS INVESTIGATING
NURSING HOME CASES – Society is getting older. More family members and friends are spending their later years in nursing homes or in assisted living. Unfortunately, some patients do not receive proper care and attention resulting in neglect and injury to members of society who are vulnerable. If you or a loved one have been harmed while living in a nurse home or assisted living facility, please contact us.
CAR/TRUCK ACCIDENTS THAT OCCUR WHILE WORKING – Many of our clients are injured in auto/truck accidents occurring while they are working. We can assist injured workers who are injured as a result of these type accidents. In addition to the workers’ compensation claim, compensation may be available due to a 3rd party causing the accident. We represent injured workers in their claims against other drivers who have caused these type accidents.
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 need help with applying for Social Security Disability benefits, please contact us today.
DRAM SHOP AND LIQUOR LIABILITY CASES – There are laws in Alabama, known as the Alabama Dram Shop Act, written to protect those injured or harmed as the result of bars, restaurants and other alcohol providers over-serving patrons. If someone is injured due to a drunk driver, injured in a bar fight and other way involving alcohol, contact us to discuss your rights.
WHAT OUR CLIENTS ARE SAYING ABOUT US
I did my research on the attorney that was going to represent my best interest in my Workmen Comp injury. Based on the information I had I knew I hired the best attorney David Nomberg. He was very informative and expedited to a resolution that I could agree with.
— Rod H., Birmingham, Alabama