THE NOMBERG LAW FIRM NEWSLETTER SEPTEMBER 2015

NEWS

In August 2003, Karen Nomberg was diagnosed with breast cancer. Never one to sit around and dwell on her misfortune, Karen decided to become proactive in her fight against this dreaded disease. Within a few short months Karen joined the board of the North Central Alabama Affiliate of Susan G. Komen for the Cure. She got involved in fundraising and participated in many board activities.

During the fall of 2004, as a way of showing support for Karen in her fight, friends and family formed Team Kate for the annual Race for the Cure held in downtown Birmingham. Kate was Karen’s childhood nickname as she was a fan of Gone With the Wind. She closely identified with Katie Scarlet O’Hara’s smarts and strong personality.

Team Kate quickly gained many teammates and annually was one of the top fundraising family and friends teams in the Race. In 2007, Karen invited her friend, Hope McInerny, also fighting the disease, to join the team. The name then changed to Team Kate has Hope.

Unfortunately, Karen lost her battle in May 2007. She may be gone but her spirit lives on in this team and in many other forms. In recognition of Karen’s contributions and spirit to the cause, The North Central Alabama Affiliate named an annual award in her memory. This award is presented each year at the annual October Race in Birmingham to that person is best exemplifies Karen’s contributions to finding a cure.

In each of the past several years, TKHH has grown in teammates and money raised. Several times the team has been recognized as Central Alabama’s #1 Friends and Family Team. Together we have raised over $100,000 to help Susan G. Komen, North Central AL find a cure and unfortunately we are not done yet. So please take the time to register today and/or donate to our team if you are not able to make it. The race this year is on Saturday, October 17th at Linn Park in downtown Birmingham.

The Nomberg Law Firm participates in the annual Race and helps to fundraise for this most important cause. Please consider joining our fight. You need to be registered by October 4th online to receive a TKHH t-shirt and for us to have your packet at our convenient packet pick up. Donations may be made any time before the race.

Here is the link to donate and/or join Team Kate has Hope:
2017 Komen North Central Alabama Race for the Cure®

  • Our friends at the Martin Law Firm sponsored a charity golf tournament this month benefiting Alzheimer’s of Central Alabama.  Our Firm helped out by serving as a hole sponsor.  Well done Martin Law Firm!
  • David was interviewed about an Alabama Court of Civil Appeals decision that was released this month concerning medical benefits pursuant to the Alabama Workers’ Compensation Act.  The case involves medication prescribed by the authorized treating physician and pits the Alabama Workers’ Compensation Act vs. the Alabama Department of Labor’s Administrative Rules. To read the full article, please clink on the link: Workers Compensation News

RECENT CASES OF INTEREST

  • Bernard mediated a case for a trucker who was badly injured in an accident. Client swerved to miss an oncoming vehicle in his lane and crashed in a ditch. From the accident, he suffered various serious personal injuries including cervical fractures at the C 4 – 7 levels, right knee, right shoulder and lower back herniations. He was also later diagnosed with depression. Client has not worked since the accident in April 2012. Client has been on pain management for the past few years and was approved for social security disability benefits. The case settled for $110,000 with the employer agreeing to pay for our client’s future medical care.
  • David filed a lawsuit in Pickens County on behalf of a man injured at work after a 2,000 pound bag of feed fell and landed on him. This work incident lead to our client suffering multiple injuries including two shoulder surgeries. The injuries have prevented him from returning to work.
  • David filed a workers’ compensation lawsuit in Madison County on behalf of man who was injured in an auto accident while working. Our client suffered a traumatic brain injury, facial injuries and neck fractures. We look forward to assisting our client obtain his workers’ compensation benefits.
  • David tried a case in 2014 to determine if the employer would be responsible for our client’s workers’ compensation benefits. The employer denied the workers’ compensation claim despite the accident being witnessed and the employer having no real defenses to the claim and admitted as much at trial. The Jefferson County Court ruled for David’s client, finding that his workers’ compensation claim was compensable and he was awarded medical benefits. Our client had surgery to repair his torn rotator cuff and has returned to work. This month, the claim settled prior to the second trial. This was a good result for our client.
  • Bernard mediated case for a former hardworking man who was badly injured when a forklift ran over him in a lead processing plant in Troy, Alabama. From the accident, our client permanently injured both of his legs and feet. After several surgeries he has hardware in both legs that prevent him from walking properly. He now requires a cane to ambulate. He worked for this same lead processing plant for 18 years, but will no longer work again. He was approved for Social Security disability benefits from these injuries. The case settled for a very good amount and the employer will pay for his future medical treatment.
  • Bernard recently filed suit in Tallapoosa County for an over the road trucker who was seriously injured while working on the job. Our client injured vertebrae in his neck and damage to his shoulder while attempting to move heavy coils of copper tubing. The client has undergone surgeries and will likely never return to work again.
  • Earlier in the month Bernard tried a Social Security disability appeal hearing for a pipe cutter with a bad back condition. Unfortunately, his condition worsened over the years to where he requires morphine and heavy narcotics just to get through an average day. Hopefully we will get back a favorable decision in the upcoming weeks.

CASES THE FIRM IS INVESTIGATING

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.

ASHLEYMADISON.COM DATA BREACH – By now you have probably seen the headlines: About 37 MILLION men and women’s (mostly men) Ashley Madison profiles were hacked in a cyber attack. Information such as names, addresses, e-mail addresses and other very personal information was released. If you or somebody you know was affected by the Ashley Madison data release, contact us immediately for a free case consultation.

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.[/vc_column_text][/vc_column][/mk_page_section][mk_page_section sidebar=”sidebar-1″][vc_column][mk_fancy_title color=”#454545″ size=”30″ letter_spacing=”8″ margin_bottom=”10″ font_family=”Montserrat” font_type=”google” align=”center”]NEW ARTICLES FROM NOMBLOG[/mk_fancy_title][vc_column_text]

WHAT OUR CLIENTS ARE SAYING ABOUT US

I would definitely tell anyone who needs a work comp lawyer to use David Nomberg. David was great on my case. I called him and he always returned my call may not of been right that second but he was quick to get back to me. David Nomberg took the time to talk to me and explain things to me. He never hurried to get off the phone or in person. I was glad I used him and if I ever needed a work comp lawyer David Nomberg would be the first person I called. My case I had took a long time and I didn’t get a lot of money but I am very happy on the outcome of it and like I said even that it did take a long time David Nomberg was very nice and patient with me and all my questions I had.

Mike L., Brilliant, Alabama

Mr. Nomberg is professional, polite, courteous, and understanding. He explains things in layman’s terms to help his clients have a better understanding of what is being done and for settlements. I have had two workers comp cases settled with Bernard. I highly recommend his services. Christina L.

Remlap, Alabama

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