THE NOMBERG LAW FIRM NEWSLETTER OCTOBER 2015

NEWS

  • Our friends at the King Simmons law firm held a fundraiser for Navy-Marine Corps Relief Society in honor of Corporal Patrick Dempsey. The Society provides financial assistance and education, as well as other programs and services, to members of the United States Navy and Marine Corps, their eligible family members, widows, and survivors. The Society also receives and manages donated funds to administer these programs and services. We were proud to contribute to this worthwhile cause. For more information, go to www.nmcrs.org.
  • Members of the Firm participated in the Komen Race for the Cure held earlier this month in downtown Birmingham. About 75 team members helped raise $7,500.00. This is the 10th year the Firm has been involved with Komen.
  • David was a speaker at the Alabama Association for Justice’s annual Workers’ Compensation Section’s seminar this month.  David spoke about deposing the employer’s corporate representative in a workers’ compensation case.

RECENT CASES OF INTEREST

  • Bernard tried a Social Security disability appeal hearing for a former pipe-cutter with a bad back and right ankle drop foot. Unfortunately, his conditions worsened over the years to where he requires morphine and heavy narcotics just to get through an average day. At the end of the hearing the judge awarded from the bench a fully favorable decision. A great resolution for our client. We are very pleased for him.• Bernard is very pleased to report that a few weeks ago a Shelby County jury returned a compensatory and punitive damages verdict for our client in a hotly contested motor vehicle case. The jury awarded $50,000 in compensatory and $32,500 for punitive damages. He was proud to sit with JD Lawrence and Nate Vanderveer, who tried an excellent case. Our client suffered facial fractures that required surgery. The defendant driver lied and the jury punished him for not taking responsibility for his actions. Great result in a very tough venue.
  • Bernard settled several cases this past month including the following:- a patient care representative injured her shoulder while moving a patient in an assisted living facility in Jefferson County;
    • operator / driver had a couple of fingers sliced off in a band saw accident in Montgomery County;
    • client was working in Talledega County for a Honda Manufacturing contracted company when she was hit by a forklift injuring her low back;
    • woman was working in Dale County for Walmart in the deli department when she stepped in a drainage hole injuring her legs and lower back; and
    • a client in Montgomery County who worked for Hyundai Manufacturing broke her ankle when she stepped off a steep set of stairs.
  • Bernard recently settled a case arising out of Montgomery county for a very nice client. Our client worked in a dialysis center but unfortunately had a very bad slip and fall accident in a large unforeseen puddle of water in the workplace. She injured her back but thankfully did not require surgery.• David mediated a premises liability case earlier this month that settled. Our client slipped and fell in a puddle of water in an aisle at a grocery store. His injuries resulted in surgery to his shoulder and neck. This was a tough case that settled for $93,000.
  • David recently settled a Jefferson County workers’ compensation case for a service technician who injured his shoulder at work resulting in two surgeries. This $50,000 settlement will allow our client to go back to school so that he can further his career.
  • David settled a Madison County workers’ compensation claim for $35,000. This settlement allowed our client to leave a very toxic work environment. David’s client was very appreciative of the results.
  • David settled another Madison County workers’ compensation claim for $20,000. The settlement includes the employer being responsible for our client’s future medical needs.
  • David is pleased to report that he and co-counsel successfully mediated a slip and fall / premises liability case to a settlement. The company created hazard at the entrance of their store by failing to follow company policy as it relates to rain water. The accident took place in Pike County, traditionally a conservative venue. The case settled for $75,000.

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.

VOLKSWAGEN RECALL – Volkswagen recently admitted to cheating U.S. emissions tests If you own a Volkswagen vehicle and have questions about how this recall impacts you, please contact us today. https://www.al.com/news/index.ssf/2015/09/volkswagen_recall_update_full.html#incart_river

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

WHAT OUR CLIENTS ARE SAYING ABOUT US

It is not only a honor but a privilege to have had the expertise and counsel of Attorney Nomberg. I would not have been successful in my fight against a major company that was determined to not only ruin my name but take away my livelyhood and means of supporting my family. I am grateful that I was counseled by Bernard Nomberg and that he not only took my case but succeeded in it as well. It simply is an understatement to address his honesty, straight-forwardness and compassion for people who are considered underdogs when it comes to a very large company , nonetheless Attorney Nomberg stood up for the little man. It has puzzled me for a while but I am thankful, my fee was as humble as I have ever seen and there is no doubt that If the need arises again… BERNARD NOMBERG is my choice …PERIOD!! Thank you for all that you do Sir and continue to be blessed!!!

—K. Davis, Port Gibson, Mississippi

I was frustrated trying to handle this by myself and dealing with HR and their claims service was a nightmare. After David was involved I received all of the back pay due to me and my stress level went to zero. We settled today and my medical will be left open for life in case I have a problem. David was always responsive to calls and emails. While you may not agree with a settlement offer, trust David and take his advice, these guys are pros. Would highly recommend to anyone needing an attorney for these matters.

— Jimmy M., Birmingham, Alabama

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