.

Justin F. Johnson

Office Managing Attorney

Portrait of Justin F. Johnson

Justin is a seasoned litigator whose practice focuses on medical malpractice, nursing home liability, and state board disciplinary actions. In addition to his legal background, Justin also received his pharmacy degree. Licensed as a pharmacist in both Iowa and Illinois, he leverages his deep knowledge in pharmacology, pharmacokinetics, toxicology, physiology, and anatomy to provide strategic, scientifically grounded defense in complex medical malpractice cases.

Justin has handled several hundred medical malpractice matters and has taken nearly 120 cases to trial. Ninety percent of all verdicts were defense verdicts, and roughly 30 of his cases ended in a verdict or mid-trial settlement significantly below the settlement demands. He has represented a considerable number of physicians and pharmacists at state board disciplinary proceedings. He successfully obtained favorable trial verdicts in multiple cases involving potentially high jury awards, including matters involving limb loss, kidney/liver injury, wrongful birth and wrongful death by demonstrating that the physicians were not negligent in the care and treatment that they rendered to their patients. He also handled a case for a physician involved in the Ortho Evra patch mass litigation.

Justin received a Bachelor of Science degree in Pharmacy from Drake University in 1986. While at Drake, he received various honors, including The Norcliff-Thayer Publishing Grant, election into the Order of Omega (honor society), and inclusion on the Dean's List. Justin received his juris doctor from Pace University School of Law in June 1989 where he was involved in the Health Law Program.

After serving a judicial internship with the Honorable John Marbach in the New York Supreme Court, Justin became associated with Jeffrey A. Krompier, Esquire, of Florham Park, New Jersey, from 1989 through 1992. In 1992, Justin became associated with Michael J. Lunga, Esquire of Fairfield, New Jersey, and became a partner at their newly named firm Lunga, Evers & Johnson in 1995. He remained at that firm until he joined Marshall Dennehey in 2007.

Justin is admitted to the bar in New Jersey and the U.S. District Court for the District of New Jersey, and he is a member of the New Jersey State Bar Association, and the American Society for Pharmacy Law. He was appointed to the Medical Malpractice Committee of the New Jersey State Bar Association, as well as the Joint Committee of Essex County Medical and Bar Associations.

Justin is an active member of the community, serving as a member of the Harrington Park Lions Club and, when his daughters were younger, serving as a board member and coach of serveral recreational and travel softball and basketball programs. He is also a consistory member and first vice-president of the Community Church of Harrington Park, New Jersey.

    • The Elisabeth Haub School of Law at Pace University (J.D., 1989)
    • Drake University (B.S., 1986)
    • New Jersey, 1989
    • U.S. District Court District of New Jersey, 1989
    • The Best Lawyers in America®, “Lawyer of the Year,” Roseland, Medical Malpractice Law - Defendants (2027)
    • The Best Lawyers in America®, Medical Malpractice Law - Defendants (2025-2027)
    • The Best Lawyers in America®, Health Care Law (2024)
    • New Jersey Super Lawyers (2026)
      The Super Lawyers list is issued by Thomson Reuters. A description of the selection methodology can be found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
    • American Bar Association
    • American Society for Pharmacy Law
    • Central Illinois Pharmaceutical Association
    • Joint Committee of Essex County Medical and Bar Associations
    • New Jersey State Bar Association, Member, Medical Malpractice Committee
    • Risk Management Rounds in Anesthesia, MDAdvantage, March 17, 2015

Results

No-Cause Jury Verdict Secured in Wrongful Death Trial

We successfully obtained a no-cause jury verdict in a 13-day wrongful death trial. The decedent, a 59-year-old man, was admitted to the emergency room on February 15, 2019, with complaints of abdominal pain, decreased appetite, and constipation, despite the use of laxatives. The patient did not complain of any nausea, vomiting, or diarrhea. He had a significant medical history including diabetes, hypertension, prior coronary artery stenting, morbid obesity (with past gastric bypass surgery), longstanding ventral hernia, and back pain. A CT scan revealed multiple hernias and a potential closed-loop bowel obstruction, leading to a surgery consultation. Our client, an emergency general surgeon, interpreted that the patient did not have a closed loop or any significant obstruction and recommended non-surgical management. The patient was approved to have clear liquids, and had a vomiting incident shortly after, but our client was not notified. The patient was returned to NPO status, and after improving overnight, he was returned to “clears” and additional medical and renal consults were ordered. Our client did not receive any communications from the residents/nurses of any changes in the patient’s condition. On February 18, 2019, two rapid responses were called due to increased heart rate and vomiting. It is believed that the vomiting resulted in aspiration, causing sepsis, ultimately leading to the patient’s death. During the trial, the plaintiff’s sole medical expert highlighted imaging on the wrong hernia, which called into question all of his opinions in the case. We made key objections related to the expert testimony, limiting what the allegations were, and preventing new allegations from being made. After approximately two and a half hours of deliberating, the jury returned a no-cause verdict. 

Unanimous Verdict Obtained in a Medical Malpractice Matter in Bergen County, New Jersey

Unanimous Verdict Obtained in a Medical Malpractice Matter in Bergen County, New Jersey

Thought Leadership

Defense Digest

On the Pulse…Our Roseland, New Jersey, Office

September 1, 2023

In February 1993, Roseland became the home of Marshall Dennehey’s North Jersey office. Its lone member, Howard Mankoff, was the original local managing attorney, and he is still with us today. Our initial home was in nearby Livingston, before relocating to our present office for the past 20 years. The Roseland office is located in the heart of North Jersey, in close proximity to two of the state’s largest cities, Newark and Paterson, and is a mere “hop, skip and a jump” to New York City (at least when traffic is light). In 2022, the office underwent a major construction project that included the creation of a beautiful new conference center, installation of state-of-the-art technology and communications systems, as well as new office furniture and decor.  Over the past three decades, our office has experienced exponential growth and currently boasts 36 attorneys (24 shareholder/senior counsel, 4 special counsel, and 8 associate attorneys). An additional 3 attorneys joined us after the Labor Day holiday, when they concluded their judicial clerkships. Roseland is one of Marshall Dennehey’s largest offices. Our attorneys specialize in all four of the firm’s essential practice department: Casualty (16 attorneys), Health Care (8 attorneys), Professional Liability (6 attorneys), and Workers’ Compensation (6 attorneys). Many of our attorneys have decades of legal experience and are recognized leaders in their areas of specialization. Our office also benefits from the support of 10 accomplished and dedicated paralegals.  Roseland’s Casualty Department is headed by Christopher Block, and includes Matt Schorr (who also serves as Assistant Director of the Casualty Department firmwide), Len Leicht (who received the honor of being named among the 2024 Best Lawyers in America for personal injury litigation), Mike Speer, Tim Jaeger, Alicia Calaf (member of the firm’s Diversity, Equity & Inclusion Committee as well as the Executive Committee Advisory Counsel), Art Bromberg, Julie Dorfman, Josie Scanlan, Sara Mazzolla, Jonathan Williams, Gary Lesser, Paul Lanza (who was recognized as a 2023 New Jersey Super Lawyer Rising Star), Brian Byrne, Hellen Tuckett, and Sean Govlick. Paul and Josie have also been identified as 2024 Best Lawyers: Ones to Watch. The Casualty Department handles a wide variety of cases. Its attorneys aggressively tackle their cases and routinely achieve successful results for their clients, both outside and in the courtroom.  The Roseland Health Care Department is supervised by Bob Evers (named as a 2023 New Jersey Super Lawyer, included among the 2024 Best Lawyers in America, named 2024 Lawyer of the Year for medical malpractice law in our region). Other members of the Health Care Department include Justin Johnson and Julia Klubenspies (both of whom also were named as 2024 Best Lawyers in America for medical malpractice law in the Newark, New Jersey, region), Ryan Gannon and Heather LaBombardi (both of whom were named as 2023 New Jersey Super Lawyers Rising Stars), Maura Brady, Dave Tomeo, and Eric Grogan. In the recent past, the Roseland Heath Care Department (in conjunction with our colleagues in the Mount Laurel office) was recognized as runner-up for the Best Litigation Group in New Jersey.  The Professional Liability Department in Roseland is led by Will Waldron (who is the supervisor for the Northeast Professional Liability Group) and Sunny Sparano (who serves as Chair of the Architectural, Engineering and Construction Defect Litigation Practice Group for the firm), Howard Mankoff, Wendy Smith, Patricia McDonagh, and Pauline Tutelo. This group has an extremely diverse portfolio of case types and is comprised of some of the most talented and experienced attorneys in their industry.  And last, but far from least, Roseland’s powerful and robust Workers’ Compensation Department is headed by Greg Bartley. Other group members include, Rachel Ramsay-Lowe (who currently serves a member of the Executive Committee of the New Jersey State Bar Association’s Workers’ Compensation section), Ida Fuda, William Murphy, Lela Eke, and David Levine. This group has grown in size during Greg’s tenure and successfully litigates a tremendous volume of cases.  In Roseland, we draw upon a wealth of experience and a depth to service our clients that goes above and beyond their expectations. Many of our attorneys have successfully litigated cases through trials, arbitrations, mediations, and keen motion practice. In combination with our Marshall Dennehey colleagues in the Mount Laurel office, we have been named a finalist in The American Lawyer Regional Litigation Department of the Year award. Although we are very diverse in our backgrounds, educations, and experiences, we are a tight-knit group (attorneys, para-professionals, and staff) who trust and care for each other, and genuinely enjoy each other’s company. If you are ever in our area, we would love to have you stop by and see for yourselves.  *Justin, a shareholder, is the managing attorney of our Roseland, New Jersey, office. He can be reached at 973.618.4185 or jfjohnson@mdwcg.com.   Defense Digest, Vol. 29, No. 3, September 2023, is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. ATTORNEY ADVERTISING pursuant to New York RPC 7.1. © 2023 Marshall Dennehey. All Rights Reserved. This article may not be reprinted without the express written permission of our firm. For reprints, contact tamontemuro@mdwcg.com.

Firm Highlights

Thought Leadership

The Ohio Supreme Court Extends Sham-Affidavit Rule to Contradictory Expert Reports

Legal Roundup: Ohio In its June 23, 2026, decision in Moore v. Mercy Medical Center, the Ohio Supreme Court upheld a trial court’s decision to strike an expert witness’s affidavit that contradicted the opinions expressed in the expert’s prior report. This case pertains to allegations of medical malpractice after plaintiff Cheri Moore gave birth to an infant in respiratory distress who required intubation. Moore alleged that a delay in ordering an emergency cesarean section resulted in the need for intubation, causing her child’s injuries. Specifically, Moore sued Dr. Meniru, who completed his first shift at 7:00 a.m. on May 28, 2015, and did not resume treating Moore until 7:00 a.m. on May 29, 2015. One of Moore’s expert witnesses authored a report stating that the doctors, including Dr. Meniru, deviated from the standard of care by not advocating for a cesarean section in the evening of May 28, 2015. Based on this report, Dr. Meniru moved for summary judgment, arguing that the alleged breach occurred during a period when he was not on duty. In response to the summary judgment motion, the plaintiff filed an affidavit from the same expert. Although the expert expressly incorporated his previous report into his affidavit, he also offered an additional opinion: that Dr. Meniru breached the standard of care by failing to begin a cesarean section within 30 minutes of receiving reports of fetal distress. Dr. Meniru filed a motion to strike the expert’s affidavit, arguing that it contradicted the opinions set forth in his prior report in violation of the sham-affidavit rule. The sham-affidavit rule applies to “a contradictory affidavit that indicates only that the affiant cannot maintain a consistent story, or is willing to offer a statement solely for the purpose of defeating summary judgment”. Moore, supra, at ¶ 19, citing Pettiford v. Aggarwal, 126 Ohio St.3d 413, 2010-Ohio-3237. The trial court granted both the motion to strike and the motion for summary judgment, and the Fifth District affirmed. The Ohio Supreme Court accepted two questions of law: (1) whether the sham-affidavit rule applies when the sworn testimony contradicts prior unsworn statements; and (2) whether an inconsistency within the affidavit goes to credibility or admissibility, justifying an order striking the affidavit. Previous rulings by the Ohio Supreme Court regarding the sham-affidavit rule have pertained to contradictions between an affidavit and sworn deposition testimony. See, e.g., Byrd v. Smith, 2006- Ohio-3455, 110 Ohio St.3d 24, 850 N.E.2d 47. However, here, the Court was asked to apply the same rule to contradictions between a sworn affidavit and an unsworn expert report. The Court held that, because Moore’s expert incorporated his prior report into his affidavit, he effectively adopted the report as part of his sworn testimony.

Thought Leadership

Pennsylvania Superior Court Reaffirms Liberal Pleading Standard in Medical Malpractice Actions

Legal Roundup: Pennsylvania The Pennsylvania Superior Court has reinforced a broader fact-pleading approach that may make it more difficult for health care defendants to obtain dismissal at the preliminary objection stage. In DaSilva v. Abington Memorial Hospital, the court held that the plaintiffs’ second amended complaint satisfied Pennsylvania’s fact‑pleading requirements despite the absence of individually named negligent actors. In DaSilva, the plaintiffs filed a second amended complaint alleging that Abington Memorial Hospital was directly and vicariously negligent after the patient, who was experiencing a mental health crisis, was left unattended by hospital staff, exited the emergency department, and was struck by a vehicle, suffering serious injuries. The trial court sustained the hospital’s preliminary objections and dismissed the complaint with prejudice, stating plaintiffs “failed to plead any material factual allegations in support of their claims of negligence [and] set forth vague allegations of negligence and unidentified agency.” Id. at *5. The plaintiffs appealed. On appeal, the Superior Court reversed, holding that the complaint sufficiently pled negligence and vicarious liability claims under Pa.R.C.P. 1019(a). The court concluded that allegations describing the patient’s condition, the hospital’s awareness of that condition, and the alleged failure to monitor or prevent elopement were adequate to satisfy Pennsylvania’s pleading requirements. Significantly, the court rejected the hospital’s argument that the complaint failed because it did not identify the specific employees responsible for the alleged negligence. Instead, the court found that generalized references to “emergency room staff” were sufficient to place the hospital on notice of the claims because “the names of those who performed services for the plaintiff are known to the defendant or can be ascertained during discovery.” Id. at *12 (citing Est. of Denmark ex rel. Hurst v. Williams, 117 A.3d 300, 307 (Pa. Super. 2015)). The effect of DaSilva is that plaintiffs may proceed past the pleading stage with relatively generalized allegations, particularly in cases involving institutional defendants where relevant details are uniquely within the defendant’s control. As a result, health care defendants should anticipate that challenges to claim sufficiency may be resolved in the later stages of litigation, including discovery and summary judgment.

Result

No-Cause Jury Verdict Secured in Wrongful Death Trial

We successfully obtained a no-cause jury verdict in a 13-day wrongful death trial. The decedent, a 59-year-old man, was admitted to the emergency room on February 15, 2019, with complaints of abdominal pain, decreased appetite, and constipation, despite the use of laxatives. The patient did not complain of any nausea, vomiting, or diarrhea. He had a significant medical history including diabetes, hypertension, prior coronary artery stenting, morbid obesity (with past gastric bypass surgery), longstanding ventral hernia, and back pain. A CT scan revealed multiple hernias and a potential closed-loop bowel obstruction, leading to a surgery consultation. Our client, an emergency general surgeon, interpreted that the patient did not have a closed loop or any significant obstruction and recommended non-surgical management. The patient was approved to have clear liquids, and had a vomiting incident shortly after, but our client was not notified. The patient was returned to NPO status, and after improving overnight, he was returned to “clears” and additional medical and renal consults were ordered. Our client did not receive any communications from the residents/nurses of any changes in the patient’s condition. On February 18, 2019, two rapid responses were called due to increased heart rate and vomiting. It is believed that the vomiting resulted in aspiration, causing sepsis, ultimately leading to the patient’s death. During the trial, the plaintiff’s sole medical expert highlighted imaging on the wrong hernia, which called into question all of his opinions in the case. We made key objections related to the expert testimony, limiting what the allegations were, and preventing new allegations from being made. After approximately two and a half hours of deliberating, the jury returned a no-cause verdict. 

News

106 Marshall Dennehey Attorneys Recognized in the 2027 Editions of The Best Lawyers in America® and the Best Lawyers: Ones to Watch® in America

Marshall Dennehey is proud to highlight the firm’s 106 attorneys who have been recognized in the 2027 editions of The Best Lawyers in America® and the Best Lawyers: Ones to Watch® in America. Less than 6% of all practicing lawyers in the U.S. were selected by their peers for this recognition. Additionally, four of the firm’s attorneys received the Best Lawyers® 2027 “Lawyer of the Year” awards in their respective practice areas and demographic regions. Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. For more information, please visit https://www.bestlawyers.com/. OUR 2027 LAWYERS OF THE YEAR Harrisburg, PA Christopher Reeser, Personal Injury Litigation - Defendants Kacey Wiedt, Workers Compensation Law - Employers Roseland, NJ Justin F. Johnson, Medical Malpractice Law - Defendants Leonard Leicht, Personal Injury Litigation - Defendants   OUR 2026 BEST LAWYERS IN AMERICA Philadelphia, PA Nicholas D. Bowers, Personal Injury Litigation - Defendants Josh J. T. Byrne, Professional Malpractice Law - Defendants Jefferey J. Chomko, Insurance Law James H. Cole, Insurance Law John J. Delany III, Personal Injury Litigation - Defendants Laurianne Falcone, Personal Injury Litigation - Defendants John P. Gonzales, Employment Law - Management John Hare, Appellate Practice Daniel D. Krebbs, Personal Injury Litigation - Defendants Michele Punturi, Workers' Compensation Law - Employers Bradley D. Remick, Product Liability Litigation - Defendants Andrea Cicero Rock, Workers' Compensation Law - Employers Robin M. Romano, Workers' Compensation Law - Employers Daniel J. Ryan, Jr., Personal Injury Litigation - Defendants Gary M. Samms, Professional Malpractice Law - Defendants Christopher N. Santoro, Personal Injury Litigation – Defendants; Product Liability Litigation -Defendants Josh D. Scheets, Personal Injury Litigation - Defendants Robert P. Schenk, Workers' Compensation Law - Employers Robert E. Smith, Insurance Law Robin Snyder, Litigation - Health Care Michael L. Turner, Commercial Litigation; Criminal Defense: White-Collar; Mass Tort Litigation / Class Actions - Defendants Claire Breaux Ventola, Product Liability Litigation - Defendants Pittsburgh, PA Melissa Devich Cochran, Commercial Litigation; Mass Tort Litigation / Class Actions – Defendants; Product Liability Litigation - Defendants  John F. Deasy, Personal Injury Litigation – Defendants; Product Liability Litigation - Defendants Daniel W. Deitrick, Workers' Compensation Law - Employers Douglas C. LaSota, Litigation - Construction; Mass Tort Litigation / Class Actions - Defendants Joseph V. Lesinski, Product Liability Litigation – Defendants   Christian D. Marquis, Personal Injury Litigation - Defendants Patricia A. Monahan, Insurance Law; Litigation - Insurance Patrick T. Reilly, Commercial Litigation; Mass Tort Litigation / Class Actions – Defendants; Product Liability Litigation - Defendants Brett C. Shear, Medical Malpractice Law - Defendants Teresa O. Sirianni, Education Law; Employment Law – Management; Litigation - Labor and Employment Stuart Sostmann, Product Liability Litigation – Defendants Danielle M. Vugrinovich, Mass Tort Litigation / Class Actions - Defendants Scranton, PA Sarah E. Argo, Litigation - Insurance Michael J. Connolly, Personal Injury Litigation – Defendants; Professional Malpractice Law - Defendants Matthew Keris, Litigation - Health Care; Medical Malpractice Law - Defendants John T. McGrath, Jr., Insurance Law; Medical Malpractice Law – Defendants; Product Liability Litigation - Defendants William J. McPartland, Insurance Law John R. Nealon, Product Liability Litigation - Defendants Victoria Scanlon, Health Care Law; Litigation - Health Care; Medical Malpractice Law - Defendants Michael A. Sebastian, Workers' Compensation Law - Employers Thomas A. Specht, Insurance Law; Litigation - Insurance Suzanne Tighe, Litigation Insurance Harrisburg , PA Casey Alan Coyle, Administrative/Regulatory Law; Appellate Practice; Commercial Litigation Brittany E. Bakshi, Personal Injury Litigation - Defendants Shannon P. Fellin, Workers' Compensation Law - Employers Allison Krupp, Insurance Law John R. Ninosky, Litigation – Insurance; Personal Injury Litigation - Defendants Christopher Reeser, Personal Injury Litigation - Defendants Kacey Wiedt, Workers' Compensation Law – Employers King of Prussia, PA  Michael L. Detweiler, Construction Law Joseph L. Hoynoski III, Medical Malpractice Law - Defendants Gregory J. Kelley, Construction Law, Litigation - Construction Anthony Natale III, Workers' Compensation Law - Employers Francis X. Wickersham, Workers' Compensation Law - Employers A. Judd Woytek, Workers' Compensation Law – Employers Erie, PA Patrick M. Carey, Personal Injury Litigation - Defendants Joel M. Snavely, Health Care Law; Insurance Law New Haven, CT Michael Wrona, Commercial Litigation, Litigation - Bankruptcy  Mount Laurel, NJ David D. Blake, Litigation - Insurance Barbara Davis, Personal Injury Litigation - Defendants Lynne Nahmani, Litigation - Health Care John H. Osorio, Personal Injury Litigation - Defendants John L. Slimm, Legal Malpractice Law – Defendants; Professional Malpractice Law – Defendants Roseland, NJ Robert T. Evers, Medical Malpractice Law - Defendants Justin F. Johnson, Medical Malpractice Law - Defendants Julia Klubenspies, Medical Malpractice Law - Defendants Leonard C. Leicht, Personal Injury Litigation - Defendants Patricia M. McDonagh, Appellate Practice Sunny Sparano, Litigation - Construction Randall S. Watts, Health Care Law New York, NY Tonya M. Lindsey, Medical Malpractice Law - Defendants Tampa, FL Michael Archibald, Personal Injury Litigation - Defendants Lindsay G. McCormick, Litigation – Construction Orlando, FL Thomas F. Brown, Personal Injury Litigation - Defendants Dante C. Rohr, Commercial Litigation Fort Lauderdale, FL Kimberly Kanoff Berman, Appellate Practice Patrick M. Delong, Personal Injury Litigation – Defendants Jacksonville, FL  Heather Byrer Carbone, Workers' Compensation Law - Employers Linda Wagner Farrell, Workers' Compensation Law - Employers Elizabeth B. Ferguson, Litigation - Construction James P. Hanratty, Personal Injury Litigation – Defendants Wilmington, DE Sarah B. Cole, Litigation - Insurance Benjamin K. Durstein, Workers' Compensation Law - Employers Maria R. Granaudo, Medical Malpractice Law - Defendants  Keri L. Morris-Johnston, Workers' Compensation Law - Employers Cincinnati, OH Timothy B. Schenkel, Personal Injury Litigation - Defendants David E. Williamson, Personal Injury Litigation - Defendants Cleveland, OH Vincent E. Cononico, Litigation – Insurance, Personal Injury Litigation - Defendants Jillian L. Dinehart, Personal Injury Litigation - Defendants David J. Fagnilli, Insurance Law Jason P. Ferrante, Health Care Law, Litigation - Health Care Andrew H. Isakoff, Transportation Law Leslie M. Jenny, Litigation - Health Care; Medical Malpractice Law – Defendant OUR 2026 BEST LAWYERS: ONES TO WATCH Jacksonville, FL Sean J. Reeves, Personal Injury Litigation – Defendants; Product Liability Litigation - Defendants Orlando, FL Carolin A. Pacheco, Insurance Law Mount Laurel Stacey Gorin, Insurance Law Melville, NY Kimberly Gitlin, Personal Injury Litigation – Defendants Matthew A. Gray, Insurance Law; Personal Injury Litigation - Defendants Philadelphia, PA Holli K. Archer, Health Care Law; Medical Malpractice Law – Defendants; Professional Malpractice Law Emily Pritchyk, Commercial Litigation; Product Liability Litigation – Defendants Pittsburgh, PA Taylor E. Kosko, Mass Tort Litigation / Class Actions – Defendants; Personal Injury Litigation - Defendants Alana Staniszewski, Workers' Compensation Law - Employers Michael D. Winsko, Product Liability Litigation – Defendants; Transportation Law King of Prussia, PA Richard Lechette, Commercial Litigation; Insurance Law, Personal Injury Litigation – Defendants