- The Firm is proud to announce that Bernard and David were selected Top Attorneys 2016 by B-Metro Magazine. Top Attorneys were selected through a survey of local attorneys, along with a list of highly rated attorneys compiled by Avvo. According to B-Metro, the lawyers were chosen because of their ability to guide clients to successful outcomes. For more information, go to BERNARD D. NOMBERG AND DAVID P. NOMBERG SELECTED AS TOP ATTORNEYS BY B-METRO MAGAZINE
- Our good friend Morris Lilienthal at the Martinson Beason lawfirm in Huntsville is helping raise money for the March of Dimes. We made a financial contribution this past month to this worthwhile cause. If you would like to help, please visit their Facebook page Team Will : March of Dimes – March for Babies
- We mourn the passing of attorney Madison O’Kelley. We enjoyed getting to know Madison when our office was on the same floor as his law firms. We honored his memory with a donation to the Birmingham Bar Foundation. Madison will be missed. Obituary & Guest Book Preview for Madison Willis O’Kelley Jr.
- David is on the Board of Directors of the Alabama Association for Justice. Recently he addressed the House Commerce and Small Business Committee concerning a workers’ compensation bill.
RECENT CASES OF INTEREST
- Bernard and co-counsel recently settled a death case involving a long-term resident of a home health facility. Our client’s brother had suffered from various mental defects during his life and lived in this facility for more than a decade. Sadly he was left unattended one afternoon and ultimately died at the facility. The legal claims were that the healthcare facility failed to properly monitor and care for our client. We recently resolved the amount for a very nice six-figure settlement for the family. This claim originated in Madison County.
- Bernard recently settled a case for a South Carolina man who was working in Jefferson County when he suffered an on the job serious injury. He was lifting a heavy sheet of metal when he felt a pop in his lower back. At the time he was working for a local transportation company. Several surgeries later our client was declared unfit to continue working in any capacity. Bernard settled the workers’ compensation case for $245,000 plus future medical care. Our client is also pursuing a claim for Social Security disability benefits. We certainly wish him the best.
- Bernard successfully mediated a claim for a Georgia man who worked as an over the road trucker. He was injured near Jackson Mississippi while working for a Franklin County trucking company. Our client was hit by another vehicle while doing some repairs to his truck while parked on the side of the road. The client suffered back and leg injuries that required surgeries. The claim settled for a very nice amount.
- Bernard settled a Lee County claim for $95,000 for a client with a back injury. This highly disputed claim was a very successful settlement because the client had pre-existing injuries that complicated the causation aspect of the case. Our client injured himself while delivering a refrigerator up a set of stairs.
- Bernard settled a motor vehicle accident claim for policy limits of $50,000 earlier this month. Our client was stopped in traffic near St. Clair County when the defendant driver was not paying attention to the road and crashed into our client. As a result, our client suffered several injuries including neck and head injuries, headaches, and required several months of intensive medical care.
- Bernard recently had a Madison County court approve a settlement for $135,000 for a client who worked for heating and air company. Unfortunately the client was shocked when one of the wires from a motion sensor connected with his left hand. Because he was electrocuted it knocked him off a ladder and onto a concrete floor. He sustained compression fractures in his lower back and nerve damage down his legs. He now walks with a cane and will require lifetime medical care.
- David recently concluded work on a Shelby County workers’ compensation case. His client injured his shoulder while using a nail gun resulting in two shoulder surgeries. The parties mediating the case two times, reaching a settlement for $68,000. The employer is responsible for paying for our client’s future medical care related to his shoulder. It was a pleasure representing this fine person.
- Last fall, David Nomberg filed a workers’ compensation lawsuit in North Alabama. In February 2016, the case settled for $350,000. In addition to the significant lump sum payment, the settlement requires the employer and its workers’ compensation carrier to pay for lifetime medical benefits for our client. Our client was employed for more than twenty years for this company, a builder of manufactured homes. While performing his regular job duties, our client injured his spine paralyzing him from the waist down. He is confined to a wheelchair. The settlement, which was approved by the Circuit Court Judge, was a very good result for a deserving client.
- David filed a lawsuit in Dallas County for a woman injured on the job. Our client was performing her job duties when she fell from a ladder, rupturing her Achilles tendon and injuring her back. She developed reflex sympathetic dystropy. Following multiple surgeries on her injured leg, she was not able to return to her job, where she was employed for twenty (20) years. We look forward to helping our client obtain workers’ compensation benefits.
- Bernard tried a case for a former City of Birmingham firefighter who was injured while rescuing an elderly man trapped in the basement of his home after the tornadoes in late April 2011. Our client seriously injured his knee when a wall collapsed causing him to fall 8-10 feet down onto a concrete floor. After settling the workers’ compensation claim, the client pursued a claim for disability pension benefits with the Retirement and Relief System specifically created for City of Birmingham employees. He was erroneously approved for ordinary disability benefits, and now he is seeking extraordinary benefits which pays considerably more. Our client was terminated by the City in 2012 and has not worked as firefighter since the termination. We await the Court’s decision.
CASES THE FIRM IS INVESTIGATING
IVC FILTER MEDICAL ALERT – Inferior Vena Cava (“IVC”) filters are small spider-like devices that are implanted in the veins of patients in the hope that the filters will stop blood clots from reaching the patient’s lungs and other vital organs. IVC filters are designed to capture blood clots that occasionally break free from the deep veins inside a patient’s body before the blood clots can reach the patient’s lungs and cause a decrease or a complete stoppage of blood flow to the patient’s lungs. Hundreds of reports from across the nation indicate that the devices may fracture or break after implantation resulting in serious injuries and in some cases death. The primary manufacturers of these IVC filters are C.R. Bard and Cook Medical.
In 2010, the FDA issued a warning letter to doctors, notifying them of the potential dangers associated with retrievable IVC filters and that such devices should be removed as soon as the patient is no longer at risk for a pulmonary embolism. In 2014, the FDA issued another warning stating that patients are at increased risk the longer the IVC filters remain implanted. In April of 2015, the Journal of the American Medical Association published a study that suggested that patients with IVC filters may be twice as likely to suffer from a serious, and sometimes fatal, pulmonary embolism than patients who were prescribed anticoagulants alone. Therefore, the study suggests that IVC filters should not be used in cases where patients can be treated with anticoagulation.
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.
THINGS NOT TO TAKE FOR GRANTED by Bernard D. Nomberg “It is a task I look forward to doing every day.”
WHAT OUR CLIENTS ARE SAYING ABOUT US
Mr. Nomberg is a great attorney. I highly recommend him. He always was available to answer my questions either by phone or e-mail. The results that I received from him I don’t think I could have gotten them done without him! Thanks David for all that you did for me.
—M. Tyler, Huntsville, Alabama
My wife and I could not be more thankful for Mr. Nomberg, and the Nomberg Law Firm. I was very badly injured in a work accident, and after being misdiagnosed, and not treated properly, we were referred to Mr. Nomberg to help us. During our VERY first conversation, Mr. Nomberg first and foremost put us at ease. He explained exactly what to expect, and set us on the proper course to ensure I was not only treated fairly, but also not taken advantage of. Throughout the year and a half it took to reach a conclusion, Mr. Nomberg was ALWAYS available to answer any of our questions, and to assist us if we had concerns. In every instance, we received a phone call or e-mail reply on the very same day. Without the assistance of Mr. Nomberg, we would have been absolutely lost. We have reached a settlement that has far exceeded our expectations due to the hard work and knowledge of Mr. Nomberg and his staff. PLEASE, if you find yourself in need of an Attorney, CALL the Nomberg Law Firm, he has been an absolute Godsend to us.
— Scott M., Huntsville, Alabama
David was the best. He was professional. He worked hard and knew what we had to do. I will always have a lawyer to go to from now on. HE IS THE BEST LAWYER AROUND!!!!!!
— Johnathan C., Brundidge, Alabama