- David spoke last week at the Alabama Association for Justice’s (ALAJ) mid-winter conference. David spoke about issues impacting the workers’ compensation claim in Alabama. His paper was entitled “Common Issues and the Occasional Landmine for Workers’ Compensation Claims in Alabama.” David serves on the Board of Directors of ALAJ and is a Sustaining Member of ALAJ. David is past chairman of the ALAJ Workers’ Compensation Section.
- The Firm made a financial contribution supporting Alabama Forever. This important charitable organization was founded in 2011 in the wake of the tornadoes that destroyed parts of Tuscaloosa and Birmingham. Since its inception, Alabama Forever has been making a positive impact in Alabama. We partnered with Alabama Forever in 2013 and 2014 for our bicycle helmet donations.
- A great lawyer, leader and man passed away this month. We remember Buck Watson, the “consummate southern lawyer.” His family is in our thoughts and prayers. https://whnt.com/2016/01/27/the-consummate-southern-lawyer-hunstvilles-legal-community-remembers-buck-watson/
- David began his second year on the Heart Gallery Alabama Board of Directors. David is serving as the Governance Committee Chairman for the second year. Heart Gallery Alabama is a nonprofit organization dedicated to finding forever families for children in Alabama’s foster care system by raising awareness and educating the public. The Firm supported Heart Gallery Alabama this month by participating in the Birdies for Charity program. Birdies for Charity is a fundraising program through the Regions Charity Classic golf tournament in Birmingham.
RECENT CASES OF INTEREST
- David settled a workers’ compensation case for $300,000. Our client was injured while performing his job duties and is paralyzed as a result of the work accident. The favorable settlement requires the employer to pay for his future medical needs for his lifetime. This was a significant settlement for a most-deserving client. This case was filed in Marshall County, Alabama.
- Bernard recently settled a workers’ compensation case that occurred in Madison County for a client who worked for an HVAC company. Client was on the top step of the six-foot ladder disconnecting a motion sensor when one of the wires popped free and electrocuted him. The event knocked him off of the ladder and caused him to fall into a concrete floor. He injured several levels of his lower back as well as suffered permanent nerve damage, post-traumatic stress disorder, depression, and other serious physical and mental conditions. The claim settled for $135,000 plus open medical care for life.
- Bernard recently settled a complicated personal injury case for a client who was badly injured in Tennessee. The lawsuit was originally brought in Jefferson County, then transferred to Shelby County for litigation. Client was hired by a Shelby County company to work in its stores in Tennessee. There was a dispute concerning the client’s employment status versus being an independent contractor. Client was involved in a phantom vehicle accident near Nashville that lead to very serious personal injuries. After several surgeries, client now has permanent injuries and workplace restrictions and limitations. We recently secured a very nice settlement for the client from the company that hired her.
- Bernard is very pleased to report that he recently settled this month a UIM claim for a very deserving client. Our client was initially injured in December, 2011, in Jefferson County when she was involved in a motor vehicle accident. This collision caused several permanent personal injuries, including injuries to her shoulder, chest and low back. The most serious injuries were to her head including posttraumatic concussion syndrome and migraine headaches which occur just about daily. According to her doctors these headaches will likely be part of her life going forward. In September, 2013, we settled for policy limits of $100,000 with the tortfeasor. This past month we settled with our client’s auto insurance carrier for underinsured motorists insurance benefits for $200,000. We are very pleased for our client and wish her the very best.
- David reached a settlement in an auto accident case occurring in Jefferson County. The claim settled for $75,000. David’s client was proceeding through an intersection when her car was struck by another car that ran a red light.
- David filed suit on behalf of a hospital employee who was severely injured when he was shot at work. Our client suffered life-threatening injuries resulting in multiple surgeries. We look forward to helping our client obtain workers’ compensation benefits.
- Bernard recently filed a lawsuit for a deputy sheriff who was injured while pursuing an escaped criminal. The deputy suffered debilitating leg and back injuries that required numerous surgeries. The lawsuit was filed in Talledega County.
- Bernard also recently filed a lawsuit in the Bessemer Division of Jefferson County for a tow truck operator. This client was injured while trying to lift a motor out of a vehicle. He was subsequently fired a couple months later in retaliation for maintaining his workers’ compensation claim.
- Bernard settled a case that occurred in Colbert County for an over the road trucker who was injured in Southhaven, Mississippi. Our client was changing a tire when he was struck by a delivery truck. He injured his back that required many months of physical rehabilitation.
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.
NEW ARTICLES FROM NOMBLOG
This is a very interesting article dealing with opt out. Opt out allows companies to opt out of their state’s workers’ compensation system and design their own work comp program.
From the article: “If the state legislators want to create business friendly environments to the detriment of their injured workers, that is their call.”
WHAT OUR CLIENTS ARE SAYING ABOUT US
This is the lawyer you want at your side in any situation! Bernard is very knowledgeable of the law and very willing to answer any questions you may have. He explains things in a way you can understand without making you feel foolish. I went to him when I lost my only remaining brother due to a wrongful death situation. Since he was special needs, in a sense Bernard was representing and giving him a voice also. The ones responsible wanted to claim it was just an accident and not admit that their people dropped the ball. He and co-counsel Erik Heninger compiled a compelling and convincing case against them, and they made a settlement that met the terms we had asked for. I thank God for this man and his firm! I have no hesitation whatsoever in using his services again if, indeed I need it. I wholeheartedly endorse him!
— Nate C., Attalla, Alabama
David Nomberg did a wonder job of handling my Workers Compensation case. He made sure I was fully informed on all aspects of the case and kept me informed on any updates or changes. He also at the beginning told me my case would be drawn out for at least 2 years and not to get impatient cause he wanted to get me what I deserved. He did just that and more!
— Trinity H., Albertville, Alabama
Mr. Nomberg is a great lawyer. We contacted him on the internet and within one week we were in his office. He always keeps us up to date on our claim and is always quick to reply to emails. I would recommend him to anyone who wants quick and precise results. He did a wonderful job for us.
— James M., Scottsboro, Alabama