NEWS

BDN and John D

Bernard recently had the privilege and honor of attending the installation service for Rev. Dr. John Dorhauer in New York City. Rev. Dorhauer was installed as the ninth General Minister and President of the United Church of Christ. Bernard previously represented the Dorhauer family in a horrific motor vehicle accident in March 2001 near Macon, Georgia. After resolving the family’s claims against a Big Five trucking company, Bernard and the Dorhauers remained in touch and have been friends ever since. Pictured are Bernard and Rev. Dorhauer at the installation.

2016 speaking at WILG

David is a member of the Workers’ Injury Law and Advocacy Group (WILG), a national organization consisting of lawyers representing injured workers. David recently spoke at WILG’s Southeastern Regional Conference in Nashville. David spoke about reducing overhead and increasing efficiency in the law office.

relay for life 2016

The Birmingham Southern College Relay for Life group kicked off its 2016 event on April 16th. They were honored as the top collegiate fundraising event in the region per capita (schools with 2,500 students or less). Relay for Life is the American Cancer Society’s national signature activity that brings together teams of families and friends from local companies, schools, clubs and organizations to walk laps in relay fashion. Proceeds raised are used for cancer research, education, prevention, and patient services. This is the second year the Firm was a sponsor for this very worthwhile organization.

carnival 2016

The Firm made a contribution to the Junior Women’s Committee of the Emmet O’Neal Library. The Committee has a significant role in raising money to help fund the children’s department of the library. With this money they are able to provide many free programs and hands on learning displays at the library. David’s wife Leigh Anne chaired this year’s successful fundraiser and summer kick-off reading carnival.

RECENT CASES OF INTEREST

  • We are pleased to announce a big win for one of Bernard’s clients. The Court ruled in his favor, awarding our client extraordinary disability benefits. Bernard tried the case in February 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. This win increases our client’s monthly disability benefits.
  • Bernard recently filed suit for a client who lost his arm in a tree cutting incident. The client was hired by a leasing company and assigned to work with a local tree cutting service. They were working in Jefferson County when the accident occurred. Our client recently underwent numerous surgeries before the decision was made to amputate his arm. We will be pursuing a lawsuit seeking workers’ compensation benefits.
  • David filed suit in Bessemer/Jefferson County on behalf of an employee injured at work. Our client suffered neck and back injuries while repairing a water main. His significant injuries prevent him from returning to his line of work. We look forward to helping him obtain workers’ compensation benefits.
  • David reached a settlement on behalf of a Alabama pharmaceutical district sales manager he represented in a workers’ compensation claim. David’s client was injured while attending a regional planning meeting for her company. Despite significant injuries requiring surgery, our client was able to return to work for her same company. This settlement paid our client a fair and reasonable amount and requires her employer to continue to pay for her future medical care related to the accident.
  • We have represented many auto workers over the years. David just concluded representing a local man who was injured while performing his job duties at a local auto plant. We see many neck and shoulder injuries resulting from these jobs, which are the type of injuries David’s client suffered while performing his job duties. A good settlement was reached which will require the automobile manufacturer to pay for our client’s future medical care.
  • David recently concluded an automobile accident case. The settlement pays our client’s outstanding medical bills as well as a very fair amount to compensate her for her pain and suffering.
  • David successfully mediated a workers’ compensation case for a truck driver who injured his back at work. The case settled for $55,000 with the employer responsible for future medical benefits.
  • Bernard recently settled a Dallas County workers’ compensation claim for a client who was involved in a motor vehicle accident. Our client suffered injuries to his head, neck, shoulders and back. This was a very nice settlement for him. We are also representing him in the motor vehicle accident case.
  • This past month Bernard settled a claim out of Clark County for a client who worked for a trucking company. The client was loading his trailer when he tore his right rotator cuff which required surgery to repair the injury.
  • Also this past month Bernard resolved a claim that originated out of Coffee County. Our client worked for a trailer manufacturer. He was injured when he was lifting axles off of one of the trailers. His low back injury required surgery.
  • Bernard represented a very nice lady who worked out of Russell County but was injured on the job in Charlotte, North Carolina. She was at a work conference when she fell down an escalator and tore tendons in her right knee. After two surgeries and extensive rehabilitation she was finally released back to work. This was a very nice resolution for our client.
  • Bernard recently settled a very complicated case out of Walker County involving a client who delivered fresh produce to school systems. The liftgate on his truck malfunctioned causing several pallets full of produce to fall on top of our client injuring his shoulder, neck and back. Our client was then forced to go through extensive therapy and three different surgeries.
  • Bernard traveled to Madison County to help out a client in his workers’ compensation claim against a local brick masonry. Our client fell more than 30 feet off of a scaffold while at a high school that was being constructed. Thankfully the client was not more injured than he was.
  • This past week Bernard resolved a case arising out of Shelby County for a client, a nurse who was injured when moving an obese patient. She injured her lower back and ultimately had to have surgery to repair the injuries.

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.

NEW ARTICLES FROM NOMBLOG

company picnic

COMPANY PICNIC MAY TURN INTO COMPENSATION FOR AN EMPLOYEE INJURED IN ROUTE

Sometimes employees get hurt away from the office. Does work comp cover injuries occurring in route to a company picnic? What about at a company picnic?

3-D PRINTING MAY BE ABLE TO LEND A HELPING HAND FOR WORKERS’ COMPENSATION RECIPIENTS

See how 3-D printing may be available to help the most seriously injured workers.

WHAT OUR CLIENTS ARE SAYING ABOUT US

The following are client testimonials. These are the words from real people (not paid actors you see on some T.V. commercials) that we have proudly represented.

My experience with David was excellent. David was completely professional at all times. David communicates and explains the case so you would have a complete understanding of what is expected from him and from you; which I found very important when it comes time to negotiate as your case comes to an end. Also, he’s an excellent negotiator….Highly Recommended.

— Lorenza H., Pleasant Grove, Alabama

I was in a really bad car accident where I was injured. The person who recklessly injured me did not want to own up to his actions. Bernard literally stood with me from the day of the accident, caring for me, calling and seeing how was I feeling. Eventually, we went to trial and we WON the case! I can honestly say that throughout this horrible time of my life it was great to have Bernard right next to me as my lawyer. Today he is more than a lawyer to me he is my friend. If you are ever in need of a lawyer… He is the man.

— Andres R., Alabaster, Alabama

David Nomberg was very professional in the handling of our case. He answered any questions we had promptly and kept us very well-informed about the progress of our case. I recommend him highly to anyone needing legal assistance in a Worker’s Comp. claim.

— Louise S., Anniston, Alabama

I lost my left leg in a horrible work comp injury several years back. I was the primary income at the time. As you can imagine not walking for 2 years, i fell behind on many bills. I got around on my prosthetic fine when i first met Bernard. His knowledge and expertise got me back what i had lost out on financially plus some. I will definitely contact him for help in the future if the need arises.

— David D., Albertville Alabama