NURSING HOME NEGLIGENCE AND ABUSE: CALL 609.815.0808
David R. Cohen, Esquire - Founder - CKAA's New Jersey Practice
CONTACT ME:
- Certified by the Supreme Court of New Jersey as a Civil Trial Attorney
- Decades of legal advocacy and litigation for catastrophically injured residents harmed by Corporate Abuse Committed by the Nursing Home Industry - with a practice limited to representation of consumers only.
Register for one of Cohen's Continuing Legal Education Programs on Nursing Home Litigation - 93 minutes.
Advocacy for Consumers who have been harmed by malpractice.
Specialized Client representation for Nursing Home Negligence and Abuse Claims
Instructional/CLE video - for both consumers and counsel.Elder Abuse and Assisted Living Facility Litigation Group Homes Hospital Abuse
PROFESSIONAL ASSOCIATIONS:
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.
BAR ADMISSIONS:
New Jersey
United States District Court, District of New Jersey
United States Court of Appeals, Third Circuit
EDUCATION:
J.D., Rutgers University School of Law – Camden, 1989B.A., Economics and Philosophy; George Washington University, 1986
BACKGROUND:
TRIAL 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.
PIONEERING EFFORTS:
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.
PUBLICATIONS:
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.
LEADERSHIP:
*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.
INNOVATION:
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:
Topics include:
*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 Kolodny Abuse Analytics, LLC maintains offices in Red Bank, New Jersey and Yardley, Pennsylvania.
Red Bank -331 Newman Springs Road, Building 1, 4th Floor, Suite 143,Red Bank, New Jersey 07701
Yardley - 301 Oxford Valley Road, Suite 205B, Yardley, Pennsylvania 19067
elliot kolodny, esquire - managing partner
CKAA's Pennsylvania and New Jersey Practices - Contact me at: ekolodny@AbuseAnalytics.com
ADMITTED:
PA, NJ, U.S. Supreme Court, U.S. Court of Appeals for the Third Circuit,
U.S. District Court for the Eastern District of PA
Experienced plaintiffs’ personal injury attorney with demonstrated expertise in nursing home, medical malpractice, auto, premises liability, products liability, pharmaceutical, complex commercial litigation, insurance coverage and bad faith, securities, environmental, employment, municipal, and consumer fraud claims. Has tried numerous cases throughout Pennsylvania, including Bucks, Chester, Delaware, Lehigh, Lackawanna, Luzerne, Montgomery and Philadelphia Counties, as well as Federal Courts in PA and NJ. Has handled appeals in Superior and Commonwealth Courts of PA and U.S. Court of Appeals for the Third Circuit.
EDUCATION
J.D., SYRACUSE UNIVERSITY COLLEGE OF LAW, Syracuse, NY 1988
President, Class of 1988
A.B. in Economics, COLBY COLLEGE, Waterville, ME 1985
President, Class of 1985
NOTABLE CASES AS LEAD COUNSEL
$3,440,000 For man rendered permanently impotent by drug overdose against physician and national pharmacy chain, Philadelphia, PA
$3,000,000 For family of child who bled to death after tonsillectomy, Philadelphia, PA.
$3,000,000 For child with birth trauma causing cerebral palsy, USDC Eastern District, Pa
$2,000,000 For estate of woman who died after aortic valve replacement surgery, Philadelphia, PA
$1,600,000 Settlement from Peddler’s Village, Lahaska, PA, which served alcohol to minor who subsequently drove drunk and killed client, Bucks County, PA
$1,200,000 For woman with a severely fractured ankle caused by automobile accident, Bucks County, PA
$1,150,000 For man blinded in one eye by errant golf ball, Lehigh County, PA
$1,000,000 For woman with brachial plexus injury caused by automobile accident, Bucks County, PA
$ 975,000 For hospitalized woman suffocated by improper restraints, Montgomery County, PA
TEACHING POSTS
Adjunct Professor, Rutgers University School of Law, Camden, NJ
“Pretrial Advocacy,”
Lecturer, University of Pennsylvania, Philadelphia, PA
“Worlds in Collision: A Culture of Safety Meets ‘Bad Apple’ Torts,”
Course Planner, Pennsylvania Bar Institute, Philadelphia, Pittsburgh and Mechanicsburg, PA
Developed CLE courses for PA attorneys,
Instructor, Pennsylvania Bar Institute, Philadelphia, Pittsburgh and Mechanicsburg, PA
“Practical Pretrial Practice,” “Fundamentals of PA Civil Practice and Procedure,”
Lecturer, Lankenau Hospital, Philadelphia, PA
Addressed Saunder’s House Ethics Committee
Speaker, Senior Citizens’ Groups, Throughout the Delaware Valley
Invited to address numerous senior citizens groups, 2008-present
Instructor, People’s Law School, Bucks County Community College, Newtown, PA
Lecturer, Central Bucks West High School, Doylestown, PA
COMMUNITY SERVICE AND OTHER ACTIVITIES
Campaign Manager, Hon. Mitchell Goldberg, Doylestown, PA
Election for Bucks County Court of Common Pleas, 2003 (Now serving on the EDPA bench)
Campaign Manager, Hon. Robert J. Mellon, Doylestown, PA
Election for Bucks County Court of Common Pleas, 2001
Board of Directors, Youth Orchestra of Bucks County 2015-present
Board Chairman, Special Equestrians’ Therapeutic Riding Program, Warrington, PA
2002-2014
Germantown Academy, Parents Committee
Executive Committee Member, Old York Road Temple Beth-Am, Abington, PA
Financial Secretary, Co-Chair Adult Education, 2009-2012
Member, Guardians of the National Cemetery Business Advisory Counsel, Newtown, PA
2010-present
Board Member, Network of Victim Assistance, Bucks County, PA
Member, Executive Committee, 2005-2008
Board Member, The Meadowbrook School, Meadowbrook, PA
2005-2007
Member, Warrington Township Planning Commission: Warrington, PA
Chairman, Warrington Township Vacancy Board: Warrington, PA
REPORTED CASES
Smith v. Berg, 247 F.3d 532 (3rd Cir. 2001)
Thomas v. Ford, 111 F. Supp. 529 (D.N.J. 2000)
Thomas v. Ford, 70 F. Supp. 521 (D.N.J. 1999)
Resolution Trust Corp. v. W.W. Development & Management, Inc., 73 F. 3d 1298 (3rd Cir. 1996)
City of Philadelphia v. Lead Industries Ass’n Inc., 994 F.2d 112 (3rd Cir. 1993)
Blau v. Rappaport, 861 F. Supp. 338 (E.D. Pa 1994)
Millers Mutual Insurance Co. v. Euler, 39 Pa D. & C. 4th 44 (Montgomery Co. 1997)
Piccioli v. Goetzberger, 35 Pa. D. & C. 4th 315 (Bucks Co. 1996)
BAR MEMBERSHIPS, PROFESSIONAL AFFILIATIONS
Named “PA Super Lawyer,” 2011, 2012, 2013, 2017, 2018
American, Pennsylvania and Bucks County Bar Associations
American Association of Justice
Member, Nursing Home Section; Birth Trauma Group
Pennsylvania Trial Lawyers’ Association
Member, Medical Malpractice Section
Senior Fellow, Litigation Counsel of America
TELEVISION APPEARANCES
Served as lead plaintiff’s counsel in nationally reported case of Thomas v. Ford, a complex products liability action arising from death of pregnant woman caused by airbag during low speed collision (1999-2001). Appeared as counsel on the following programs:
Dateline NBC, New York, NY
Good Morning America, ABC, New York, NY
KYW, CBS, Channel 3, Philadelphia, PA
WPVI, ABC, Channel 6, Philadelphia, PA
WCAU, NBC, Channel 10, Philadelphia, PA
WTXF, Fox, Channel 29, Philadelphia, PA
Featured in Lawrence Schiller’s book, Cape May Court House: A Death in the Night