Jonathan L. Berkowitz

Jonathan L. Berkowitz focuses his practice on representing nursing homes, assisted living facilities, home health care agencies, substance abuse rehabilitation providers, medical transportation providers, day- and child-care facilities, trucking companies, transportation providers, and construction companies in matters involving management and professional liability. Jon’s practice regularly includes defending clients against catastrophic injury claims as well as wrongful death litigation.

Experience Highlights

Health Care and Long-Term Care

•Successfully moved for summary judgment on behalf of an outpatient substance abuse counselor in a wrongful death action involving an anesthesiology resident who committed suicide by administering a lethal overdose of Propofol
•Represented a nursing home in a case regarding a resident with severe multiple sclerosis who sustained second- and third-degree burns caused by a coffee spill incident
•Defended a licensed home care agency in a case regarding a client who sustained a fractured hip, decubitus ulcers, and an above-the-knee amputation after a fall
•Settled a wrongful death claim filed on behalf of an assisted living resident who underwent an above-the-knee amputation after she developed gangrene following a fall
•Represented a transportation company that allegedly left an intellectually disabled, group habilitation program participant alone on a bus for approximately five hours

General Liability

•Resolved a pedestrian-knockdown case involving a plaintiff who suffered a severe traumatic brain injury resulting in the loss of speech, confinement to a wheelchair, and multiple surgical procedures
•Assisted at an excess-level trial regarding a consumer whose foot was trampled by a hi-lo forklift while shopping for groceries at a big-box retailer
•Procured dismissal of a catastrophic injury claim involving a pedestrian who was crushed by a collapsing parapet wall
•Mediated a wrongful death action filed against a tire recapping company wherein a delaminated truck tire involved in a motorcycle-fatality accident
•Mediated a negligent retention claim asserted against a building’s managing agent that continued to employ a superintendent who was convicted of sexually assaulting a recovering cancer patient

Publications & Events

Webinars

•Co-Presenter, “COVID-19 and the Impact on Long-Term Care Facilities,” GS Webinar Series, April 10, 2020

Recent Insights

Pennsylvania Executive Order Affords COVID-19 Civil Liability Immunity to Health Care Practitioners, But Not Facilities

May 7, 2020

White House Announces Initiatives to Bolster Nationwide COVID-19 Response in Long-Term Care Facilities

May 1, 2020

CMS to Issue Requirements Regarding Nursing Home COVID-19 Reporting

April 20, 2020

New Jersey Bill Affords Immunity for COVID-19 Medical Care

April 16, 2020

New York’s Emergency Disaster Treatment Protection Act Provides Immunity for Hospitals, Nursing Homes, and Staff Related to Treatment of COVID-19 Patients

April 15, 2020

New Jersey Executive Order Implements Limited Civil Immunity for COVID-19 Health Care

April 2, 2020