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Lynne N. Nahmani

Co-Chair, Long-Term Care Liability Practice

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Portrait of Lynne N. Nahmani

As a supervising attorney for the Health Care Liability Practice, Lynne coordinates and oversees the work of the attorneys who handle cases throughout eight New Jersey counties. Lynne's role is vital to ensuring that client matters are handled promptly, professionally and effectively. Lynne also serves as the co-chair of the Long-Term Care Liability Practice Group.

Lynne has been a trial attorney for more than 35 years and has litigated hundreds of cases in the state courts of New Jersey and Pennsylvania, many to verdict and directed verdict in favor of her clients. She has provided legal counsel to physicians, hospitals, nurses, allied health professionals, dentists, nursing homes and physician practices.

Lynne received a Bachelor of Science degree from Sargents College of Health and Rehabilitation Sciences at Boston University in 1985. After completing internships at Thomas Jefferson University Hospital, The Children's Hospital of Philadelphia and Eugenia Hospital, Lynne became a licensed occupational therapist. She later enrolled at Temple University School of Law to pursue a career that combined her health care education with the practice of law.

Lynne has spent her legal career defending practitioners and facilities in the health care industry.

    • Temple University Beasley School of Law (J.D., 1989)
    • Boston University (B.S., 1985)
    • New Jersey, 1989
    • Pennsylvania, 1989
    • U.S. District Court Eastern District of Pennsylvania
    • AV® Preeminent™ by Martindale-Hubbell®
      The Martindale-Hubbell rated attorney list is issued by Internet Brands, Inc. 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.
    • The Best Lawyers in America©, Litigation – Health Care (2024-2027)
      The Best Lawyers list is issued by Woodward & White. 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.
    • New Jersey Super Lawyers (2006-2007)
      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.
    • South Jersey Magazine, Top Lawyer 2009
    • American Bar Association
    • Camden County Bar Association
    • Diversity Law Institute
    • Federation Allied Jewish Appeal
    • Perelman Jewish Day School, Board Member (2013-2016)
    • Pennsylvania Bar Association
    • The Trial Law Institute
    • Trial Attorneys of New Jersey, Board Member (2012-present)
    • Long Term Care Litigation and the Covid-19 Pandemic: Injury and Immunity, New Jersey Institute for Continuing Legal Education, June 1, 2020
    • What is Your Case Worth?, Marshall Dennehey Health Care and Health Law Seminar, November 9, 2017
    • New Jersey Case Law Update, Health Care Law Seminar, Marshall Dennehey, November 9, 2016
    • Avoiding and Defending Nursing Home Litigation, American College of Health Care Administrators 50th Annual Convocation & Exposition, April 20, 2016
    • Mock Trial: Lessons from the Bar and Risk Management, American Professional Agency, Inc., March 23, 2016
    • Affidavit of Merit, Experts and the Net Opinion Rule Seminar, New Jersey State Bar Association Summer CLEFest, August 14, 2015
    • Sex and the Facility: Understanding and Reducing Liabilities, American Health Care Association/National Center for Assisted Living Annual Conference, October 5, 2014, Washington, D.C.
    • Sex and the Facility - Starring the Defense, 2013 Trends in Health Care and Health Law Seminar, Marshall Dennehey, November 7, 2013 
    • Long-Term Care, Hospicomm, April 4, 2012
    • Nursing Home Litigation – How to Handle and Defend a Case, Allied World Assurance Company, January 2012
    • When You Are First Sued, What to Do and What Not to Do and the Processes of a Medical Negligence Claim, University of Medicine and Dentistry of New Jersey, program for medical residents and physicians, Spring 2010
    • Annual Seminar for Clients and Risk Managers, Princeton Insurance Company
    • Risk Management and Dental Claims, Eastern Dentists Insurance Company
    • Mock Trial Demonstration, South Jersey Medical Office Managers Society, Conventus Insurance Company
    • Seminars given at local hospitals for interns and residents, CME credits
    • "Med Mal Litigation and Social Media Records: Where is New Jersey Headed?"New Jersey Law Journal, May 19, 2014
    • "Doctor's Personal Characteristics Not Relevant to Claims of Informed Consent," The Redwoods Group Dentists Insurance Program, Monthly Article, January 2002 and Defense Digest, 2001-10, Vol. 7, No. 5
    • "Defending the Discovery Rule," Defense Digest, Spring 1993
    • Successfully defended a chiropractor with a directed verdict on informed consent and a no cause, 7-0, on standard of care. Plaintiff claimed the defendant was negligent in failing to obtain a MRI before adjusting the lumbar spine with a differential diagnosis which included a herniated or bulging disc. Plaintiff claimed increased risk of harm for foot drop, surgery, pain and suffering and alteration in work and life enjoyment.
    • Secured a directed verdict in a subacute rehab case. The plaintiffs claimed their father, who suffered from dysphagia, was negligently left unattended to choke and die in his room by the nursing staff while eating breakfast. At the close of plaintiff’s case, three motions for directed verdict were made. The court eventually agreed that the plaintiffs had not met their burden on causation with the expert testimony.
    • Represented general surgeon called in to perform emergency laparoscopic appendectomy. Five days after uneventful surgery and discharge, plaintiff is transported via medivac to a tertiary care facility for an emergent splenectomy. Defense successfully utilized literature and expert testimony both on direct and cross examination that, however rare, splenic injury can occur after laparoscopic procedure due to the insufflation of the abdomen in the presence of adhesions. Jury returned a verdict for the defense.
    • Represented mental health institution whereby a depressed and bipolar 28-year-old father and husband was receiving outpatient treatment when he locked himself in his truck, covered himself with gasoline and struck a match, only to survive. Plaintiff suffered second and third degree burns over more than 70 percent of his body. He lived severely disfigured with no facial features and no arms below the elbows. Plaintiff claimed defendant facility failed to recognize plaintiff's suicide risk and was ill-equipped to handle patients with a dual diagnosis. Successfully defended at mediation.
    • Jury returned a defense verdict for general surgeon who took an 89-year-old to surgery for treatment of diverticulitis and made the medical judgment not to remove the affected colon once the patient's vital signs took a turn for the worse during surgery. Decision to get the patient out of surgery and treat with antibiotics was not successful as the patient died within 48 hours. Defense convinced the jury that the surgeon was not negligent, rather, he exercised medical judgment in making this decision.
    • Defendant hospital granted summary judgment in a case where it was alleged the hospital failed to provide an appropriate and complete background check subsequent to employing a nurse who was later accused of killing patients within the institution. Claims dismissed on jurisdiction and lack of patient-physician relationship.
    • Obtained a defense directed verdict in a nursing home trial against a well-known plaintiffs' firm. Allegations included violations of the NJ Nursing Home statute with damages for a Stage IV decubiti, loss of dignity and requests for statutory counsel fees. Testimony from ex-employees and family members was introduced to suggest the resident was left for many hours unattended, double diapered and dirty. Plaintiffs never came off a $1 million dollar demand.

Results

Thought Leadership

The Quarterly Dose

From Bedside to Bar

August 26, 2026

Lynne N. Nahmani, Esq. Former Occupational Therapist For the Love of Medicine! After more than three decades defending health care professionals in medical malpractice cases, I still harken back to my undergraduate education as an occupational therapist. My education focused on anatomy, physiology, human behavior, and physical and cognitive development; disciplines that have shaped every single legal case I have defended. The competencies acquired are closely aligned, as the scientific analysis reflected in a S.O.A.P. note parallels the legal reasoning process. As lawyers, we must recognize the Subjective and Objective case facts, perform a legal Assessment, and develop a Plan for defense. Both professions require critical thinking, careful investigation, and a commitment to solving complex problems. Whether serving a patient or a client, the goal is the same: provide guidance and support for their particular problem. Each problem requires a scientific exercise into the underlying medicine. By understanding the medical issues involved, we are better equipped to build a strong defense, explain complex concepts to a jury, and help our clients make informed decisions about the risks, options, and strategies available for achieving the best possible outcome. Susan A. Kostkas, Esq. Registered Nurse When people ask what I do for a living, I often describe myself as a “nurse who went to law school.” Caring for others has always been a natural part of who I am. Inspired by my mother, a nurse, I began working in nursing homes as a dietary aide during high school and later as a nurse’s assistant while in college. I went on to practice as a nurse at the bedside for ten years, primarily in cardiac care, including time before, during and after law school. My nursing experience continues to influence the way I practice law every day. As a nurse, I learned to assess complex situations, prioritize competing demands, solve problems under pressure, and collaborate effectively with multidisciplinary teams. Those same skills are invaluable in litigation, where strategic decision-making, careful analysis, and teamwork are critical to achieving successful outcomes. My health care background also gives me a unique perspective when reviewing medical records and evaluating clinical issues. Being able to understand medical conditions and health care concepts helps me identify key issues related to liability, causation, and damages. Most importantly, nursing taught me the value of the human side of advocacy. The skills of active listening, empathy, and conflict resolution remind me to slow down amid the demands of litigation and focus on my client. Often, the most important insights into a case come directly from them. These same skills also help me better understand the motivations of plaintiffs and their counsel, allowing me to develop thoughtful, effective defense strategies.

The Quarterly Dose

New Leverage for Defendants: Burckhardt’s Impact on New Jersey Nursing Home Act Litigation

June 11, 2026

In a unanimous, unpublished opinion issued on February 24, 2026, the New Jersey Superior Court, Appellate Division, affirmed the dismissal of claims against a rehabilitation facility based on the plaintiffs’ failure to prove proximate causation—an essential element of negligence claims as well as claims brought under New Jersey’s Nursing Home Act (NHA). Although unpublished, Burckhardt v. Advanced Subacute Rehabilitation Center at Sewell, LLC provides important guidance for defendants facing nursing home malpractice and Resident-Rights Act litigation. Background of the Case The decedent, Burckhardt, was a 72-year-old resident at Advanced Subacute Rehabilitation Center at Sewell (Advanced). He had numerous medical conditions, including encephalopathy, diabetes mellitus, hypertension, urinary tract infection, respiratory failure, dysphagia, and required assistance with activities of daily living, including eating. The plaintiffs alleged that Advanced failed to follow Burckhardt’s care plan by leaving him alone in his room while eating and failing to follow his care plan.  During that time, he choked and required emergency medical intervention and was hospitalized.  Burckhardt suffered cardiac arrest and died two days later. His children, the Estate representatives, filed suit against Advanced, alleging negligence and violations of the NHA based on the alleged failure to appropriately “monitor” him during meals as care planned for. Trial Court’s Ruling After five days of testimony, the trial court granted a directed verdict in favor of Advanced, dismissing all claims. The court concluded that the plaintiffs failed to present sufficient evidence of proximate causation. Specifically, Advanced argued, previously via summary judgment and again at trial, that neither of the plaintiffs’ medical experts offered sufficient testimony establishing that the alleged lack of staff presence was a “but-for” or “substantial factor” cause of Burckhardt’s injuries and death, as required under New Jersey law. The trial court agreed. It emphasized that the plaintiffs’ nursing expert, Bonnie Tadrick, testified only as to the applicable standard of care and an alleged failure to monitor, but admittedly did not offer an opinion on causation. The plaintiffs’ physician expert, Dr. Hood,  testified about the mechanics of choking and identified choking as the cause of death. However, Dr. Hood failed to opine that any conduct by the Advanced staff caused, increased the risk or worsened the choking episode. Without expert testimony linking the alleged breach of care to the outcome, the court found the plaintiffs’ proofs legally insufficient and dismissed the case. Appellate Division’s Analysis The Appellate Division affirmed, carefully analyzing the causation requirements for both negligence and NHA claims. The court held that the Estate failed to establish the essential causal link between any alleged lapse in care and Burckhardt’s injury. With respect to Nurse Tadrick, the court noted that while she testified about the standard of care and the need for monitoring, she admitted she was not offering a causation opinion—and could not do so under New Jersey law, which prohibits nurses from testifying about medical causation. Her testimony did not explain how staff presence in the room would have prevented the choking, altered its severity or the ultimate outcome. As to Dr. Hood, the Appellate Division acknowledged that he was qualified to testify on causation but found his testimony inadequate. Although he explained how choking occurs and identified it as the cause of death, he never testified that the alleged absence of staff caused the choking or was a substantial factor in producing the injury. He also never opined that the staff failed to timely respond to the alleged incident. The court stressed that to reach a jury, plaintiffs were required to present evidence from which a jury could reasonably conclude that the absence of staff increased the risk of harm and that earlier intervention would likely have changed the outcome. In this case, the plaintiffs failed to meet that minimal threshold. Nursing Home Act Claims and Causation The Appellate Division also squarely addressed whether NHA claims require proof of causation. The Estate argued they did not. The court rejected that argument, holding that causation is required even though the NHA does not explicitly use the word. The court reasoned that damages are, by definition, compensation for harm, and recovery without a causal connection would make little sense. The court further held that the NHA claims failed for an additional reason: the Estate did not establish a separate or distinct injury attributable to the alleged resident-rights violation. Even if causation had been established, the absence of proof that the alleged NHA violation resulted in an independent injury was fatal to the claim. Significance of Burckhardt Although unpublished, Burckhardt is a meaningful decision for defendants in nursing home litigation. The Appellate Division’s clear statement that NHA claims require proof of proximate causation—and an identifiable injury tied to the alleged statutory violation—provides defendants with a powerful basis for early motion practice. The decision supports dispositive motions at the summary judgment stage where plaintiffs’ experts fail to connect alleged care deficiencies to a specific injury. It also serves as a lesson to defense counsel to renew the dispositive motion grounds at the end of a plaintiff’s case, where appropriate.

Firm Highlights

Thought Leadership

WCJ Improperly Refused to Conduct C&R Hearing and Erroneously Required Settlement of All Pending Petitions

In this case, the claimant sustained injuries in the course and scope of her employment as a registered nurse. The employer acknowledged the injury by a Notice of Compensation Payable (NCP).  Subsequently, a Workers’ Compensation Judge (WCJ) expanded the description of injury. The employer then filed a Termination Petition, alleging the claimant was fully recovered from the injuries. Providers filed Utilization Review (UR) Petitions, challenging UR determinations finding their chiropractic treatment to be not reasonable and necessary. A settlement of the claim was eventually reached, and the employer filed a Petition to Seek Approval of a Compromise and Release (C&R) Agreement. The C&R outlined that the agreement fully resolved all future workers’ compensation claims except for the termination and UR Petitions. Briefs were filed and one day later, the WCJ issued an Interlocutory Order which stated if instructions were not followed regarding filing of a C&R, a settlement hearing date would not be given. The employer complied with the order, and filed the C&R. Subsequently, the WCJ notified the parties that the C&R must resolve all issues in the petitions, or would not be entertained. A settlement hearing was never held, and the WCJ then issued a decision, granting the Termination Petition and dismissing the UR Petitions. The WCJ also said that the Petition for Approval of a C&R was dismissed without prejudice, as the issues in the Termination and UR Petitions went to a decision. The claimant appealed to the Workers’ Compensation Appeal Board (Board). The Board granted the claimant’s appeal, finding that the WCJ violated the requirement of Section 449 that an expedited hearing be held when a Petition for Approval of a C&R is filed.  The Board further held that it was legally incorrect for the WCJ to insist that the C&R resolve all issues raised by the pending Petitions. The Board remanded the case to a new WCJ, and Employer appealed to the Commonwealth Court. The court affirmed the Board and held that the WCJ erred, as a matter of law, by refusing to hold an expedited hearing within 30 days, once the Petition for Approval of a C&R was filed.  The court noted that the language of Section 449(b) is mandatory, and a settlement hearing is not discretionary or dependent on a party’s separate request for a stay, or whether the record has been closed. The court further rejected Employer’s argument that the case should not be remanded to a new WCJ for a new decision on the termination and and UR Petitions, as the Board passed no judgment on whether the C&R Agreement resolved the termination and UR Petitions, and left it for the WCJ to decide in connection with the Petition for Approval of a C&R.

Thought Leadership

Appellate Division Reversed Trial Judge's Orders Granting a Plaintiff's Section 40 Summary Judgement Motion

In Haskins v. Casey, et al., the plaintiff Dane Haskins worked for defendant Ekornes, Inc. (Ekornes) as a material handler. In June 2021, he filed a workers’ compensation claim petition for benefits due to a left shoulder injury in December 2020. He then resolved his workers’ compensation claim in November 2022 under an Order Approving Settlement. In January 2023, he filed a lawsuit against Ekornes and later amended to add additional claims and name other defendants, including the Ekornes president, chief financial officer, and director of human resources. In May 2025, a second amended complaint alleged that after he filed the workers compensation claim, Ekornes placed him on leave under the Family and Medical Leave Act (FMLA), denied his request for a work accommodation, and ultimately terminated him from employment in December 2021. He pleaded several causes of action asserting violations of the New Jersey Law Against Discrimination (LAD) as well as fraudulent concealment and wrongful discharge. The plaintiff then moved for partial summary judgment, seeking an order enforcing Section 40 of the Workers’ Compensation Act (WCA) as well as summary judgment on his FMLA claims. The defendants opposed the motions and cross-moved for summary judgment on the FMLA claims. After arguments, the court entered an order in December 2025, denying the FMLA motion and cross motion and granting the plaintiff’s Section 40 motion. In the order, the court permitted the plaintiff to pursue compensatory damages at trial in connection with the bodily injury claim. The court also allowed the plaintiff to present evidence of any workers’ compensation benefits to support his claim. The court then denied the defendant's subsequent reconsideration motion in February 2026. The defendants that appealed the Section 40 aspect of the orders. In reviewing the appeal de novo, the Appellate Division rejected the plaintiff's argument that the work-related injury arose out of his discrimination claims under the LAD. The plaintiff argued that he should be able to pursue a personal injury claim as a part of his LAD claim, noting that the employer’s compensation carrier would be able to assert a lien against any recovery against his LAD claims. In distinguishing between the Richter vs. Oakland Board of Education, 246 N.J. 507 (2021) case, in which the Court found that any recovery would be subject to a Section 40 lien as the allegation was that the defendants failed to accommodate her pre-existing diabetic condition, which resulted in bodily injury. In this case, the Appellate Division indicated that there was no bodily injury caused by Ekornes’ failure to accommodate a pre-existing disability. Rather, the shoulder injury was a result of a workers compensation claim, for which he received appropriate benefits previously. The Appellate Division noted that if the plaintiff was successful in proving his LAD claims, he would be entitled to damages caused by the discriminatory discriminatory conduct such as lost wages and emotional distress damages and that there will be no Section 40 lien. In addition, the Appellate Division disagreed that the petitioner could present evidence about and seek damages for his shoulder injury at trial. Although the petitioner argued that a defendant who retaliated against an employee for filing a workers’ compensation claim should not benefit from the exclusivity provision of the WCA, the Appellate Division noted that the Legislature did not include this type of scenario in the statue nor did any of the case law recognize this type of claim as a remedy. As such, the Appellate Division reversed the December 2025 order granting the the plaintiff’s Section 40 summary judgment motion as well as the February 2026 reconsideration motion order. The Appellate Division noted that they did not intend to limit the plaintiff in his pursuit of his other claims on under the LAD, FMLA, and workers’ compensation retaliation causes of action.

Thought Leadership

Commonwealth Court Reaffirms the Constitutionality of Act 111's IRE Provisions

In this case, the claimant sustained a work injury of January 6, 1994, which was acknowledged by Notice of Compensation Payable (NCP). After the claimant’s receipt of 104 weeks of temporary total disability benefits, the employer filed a Request for an Impairment Rating Examination (IRE). The IRE was performed in May 2023 and the IRE physician found that the claimant had a 5% whole person impairment, under the AMA Guides. The employer filed a Petition based on the IRE results, and the Petition was granted by the WCJ. During litigation, the claimant argued that the IRE provisions of Act 111 (Section 306(a.3) of the Act) were not applicable to her injury, since it predated June 24, 1996, the date Act 57 went into effect, and that the IRE provisions were unconstitutional. The Workers’ Compensation Judge (WCJ)) granted the Petition and the Board affirmed. On appeal to the Commonwealth Court, the claimant argued that Act 111 violated the nondelegation doctrine and that its retroactive application to the claimant’s injury was unconstitutional. The court rejected the arguments on the basis that they had already found the same arguments without merit in multiple, prior cases. The court also addressed an argument made by the claimant that Act 111 was procedurally defective under the Pennsylvania Constitution because it was only considered on two days in each House after having undergone amendments and reassignments. The court noted that the Pennsylvania Constitution requires every bill to be considered on three different days in each House. The claimant maintained that, according to the legislative history, the bill did not receive three separate days of consideration from each House when it was assigned a new bill number. The court pointed out, however, that the bill number, H.B. 1840 remained constant and was considered on three occasions by the House. Further, the court concluded that minor amendments to the bill were germane to its original subject, which was to modify the Act’s IRE process, in accordance with Protz II.