Certified by the Supreme Court of New Jersey as a Civil Trial Attorney.
Decades of legal advocacy for consumers in obtaining nursing home negligence settlements and litigation for those harmed by Corporate Abuse Committed by the Nursing Home Industry.
Litigation Support and Consultation for attorneys litigating against the Long Term Care Industry. Register for one of Cohen's Continuing Legal Education Programs on Nursing Home Litigation - 93 minutes.
Advocacy for Consumers through third-party tort litigation and legal malpractice lawsuits who have been harmed by excessive divorce costs and other harms resulting from malpractice and Divorce Attorney Billing Abuse.
Specialized Client Representation and Attorney Instruction:
Nursing Home Negligence and Abuse Claims (watch Cohen's 1 hour 21 minute instructional/CLE video - for both consumers and counsel).
Elder Abuse and Assisted Living Facility Litigation
Member, New Jersey State Bar Association
Past Chair of Public Education, Mercer County Bar Association
Past Chair of the National Nursing Home Litigation Group of the American Association for Justice
Past National Chair, American Association for Justice – Sections and Litigation Group Coordination Committee
Chair of over 35 National and State level instructional attorney seminars on Nursing Home Litigation through the American Association for Justice, The New Jersey Association for Justice, The New Jersey Institute for Continuing Legal Education - and others.
United States District Court, District of New Jersey
United States Court of Appeals, Third Circuit
J.D., Rutgers University School of Law – Camden, 1989
B.A., Economics and Philosophy; George Washington University, 1986
Co‑counsel on trial team generating the largest nursing home verdict in New Jersey history, Dwyer v. Harborview – in the amount of 13.2 million dollars.
After hearing 7 weeks of evidence and witnesses, which included photographs of stage IV pressure ulcers (bedsores), evidence of lethal levels of nutritional deprivation, plaintiff’s contentions of falsifications in the medical record and plaintiff’s contentions of inadequate staffing and care, the jury returned with the largest verdict in Hudson County history. Immediately following the verdict, numerous post-verdict filings were made by both the plaintiff and the defense. Over one year after the verdict, the trial judge determined that it had given improper instructions to the jury, as a consequence of the opinions expressed in the text of an unrelated decision released on a different case (that had not been released until nearly a year after this verdict). However, the content of the instructions at issue in Dwyer were agreed upon by Plaintiff, the defense and the Court itself. The Court ordered the parties to re-try the case. Soon, the case found its way before the Appellate Division (a higher-level court), with Plaintiff’s contention that the trial court’s instructions were proper, were wholly in line with the as-yet unreleased and unrelated decision and were unassailable by virtue of the fact that they were acceded to by the defense.
For those reasons, Plaintiff’s filing with the Appellate Division demanded that the $13,200,00 verdict remain intact.
While that issue was pending in the appellate court, the case resolved confidentially for an undisclosed sum.
The verdict was the subject of an intense two-day attorney instructional seminar in Washington, DC, co-chaired by Cohen, numerous local and national articles, received coverage on the front page of the New York Times and remains the largest nursing home verdict in New Jersey History.
INVESTIGATION WITH U.S. ATTORNEY’S OFFICE
Worked directly with the United States Department of Justice on the matter of United States v. Mercer County. This is the only CRIPA (Civil Rights of Institutionalized Persons) claim ever brought by the United States Government against a New Jersey Nursing Home. Cohen worked closely with both investigators and the U.S. Attorney’s Office - on a confidential basis prior to release of findings - in uncovering sub‑standard conditions at a facility known then as the Mercer County Geriatric Center. The coordinated effort resulted in not only a lawsuit filed by the United States against Mercer County Geriatric Center, but additionally the appointment of significant oversight – leading to higher quality care for the residents at that facility.
First attorney in the State of New Jersey to develop and participate in a continuing legal education seminar through New Jersey ICLE to help teach attorneys how to litigate against nursing homes.
Cohen participated in what became the annual presentations for over 15 years and continues to provide education and guidance for counsel through lectures and writings, locally and nationally.
As a Nursing Home Abuse Lawyer, Cohen has published a myriad of articles on all aspects of long term care litigation, including, The MDS Coordinator, Requests for Admissions, Omnibus Budget Reconciliation Act of 1987 (OBRA), Never Events, New Jersey's Nursing Home Statute and New Jersey's Nursing Home Regulations, Mediation in nursing home litigation, Group home litigation, Chapter published in nursing litigation textbook and The Role of the Medical Director in Nursing Home Litigation.
*Past Chair of the National Nursing Litigation Group of the American Association for Justice.
*Past board member Nursing Home Litigation Group for the American Association for Justice.
*Past Chair of the Sections and Litigation Group Coordination Committee of the American Association for Justice (SLGCC)
*Past board member of the SLGCC
*Co‑creator of multiple New Jersey nursing home annual seminars including New Jersey Association for Justice Boardwalk seminar and New Jersey Association for Justice Meadowlands seminar.
*Co‑chair of multiple national nursing home trial colleges.
*Instructor at multiple nursing home trial colleges.
*Co‑chair and instructor at multiple deposition colleges for attorneys.
*Co‑chair and instructor at multiple nursing home seminars for attorneys.
Cohen is recognized as a national resource regarding thought leadership in all aspects of nursing home, long-term care litigation and nursing home abuse statistics.
Mr. Cohen's advise to counsel is routinely sought in the areas of Corporate relationships between long term care facilities, Piercing the Corporate Veil, Focus groups, Falsification of records, Falsification of state documents, Parallel review of multiple cost reports with a single owner, Electronic medical records, Minimum Data Set review, The role of the MDS coordinator, Tracking profits in nursing homes, Exploitation of rental/lease agreements by long term care owners, The role and regulatory responsibilities of the medical director, Analysis of the interrelationship between OBRA regulations, State regulations and the standard of care and Analysis of the legal import of surveys on long term care litigation.
PROFESSIONAL SPEAKING ENGAGEMENTS:
*Nursing home/long term care depositions, Assisted living facilities, The interrelationship between assisted living facilities and nursing homes, Affidavit of Merit issues, When assisted living facilities can qualify as nursing homes under the applicable legal standards, Analysis of cost reports – both state and federal, The role of the medical director in long term care, Charitable immunity and analysis of tax filings for charitable organizations, Deposition analysis, Trial development in nursing home litigation, Focus groups, False charting and analysis of the impact of false charting upon nursing home litigation, Case screening, Minimum Data Set, including multiple aspects of the minimum data set, along with RUG rates and the interrelationship between functional assessments on the MDS versus that of ADL flow sheets, Case law developments, Top ten OBRA regulations and their impact upon litigation, Nursing home mediation – pros and cons, Mock trial – both co‑chair of presentation and participant, Nursing home progress notes – exploitation of falsifications in the record, ADL flow sheets and their analysis, Utilization of licensure file review for purposes of nursing home litigation and Exploitation of review of surveys and their admissibility for nursing home litigation.
Cohen has lectured extensively in 16 states and abroad as a leading expert in Institutional Healthcare and Abuse Litigation.
Cohen Abuse Analytics Law, LLC maintains offices at 331 Newman Springs Road, Red Bank, New Jersey, 07701.