Burton L. Eichler Dies at age of 76

Press Release - November 30, 2009

Burton L. Eichler, widely regarded as the pioneer of healthcare law in New Jersey, died on November 26, 2009. He was 76.

Eichler co-founded the firm of Brach Eichler Rosenberg Silver Bernstein Hammer & Gladstone PC in 1967 in Newark, NJ. The firm, which had since relocated to East Orange and then Roseland, NJ, later merged with WolfBlock Schorr & Solis-Cohen LLP in 2003. In April 2009, the Roseland attorneys of WolfBlock formed Brach Eichler after WolfBlock announced its plans to disband earlier last spring.

"Burt's passing is not only a profound loss to those of us at Brach Eichler, but to the New Jersey Bar and healthcare community, as well," said John D. Fanburg, managing member of Brach Eichler L.L.C. "He viewed the firm's collection of lawyers and staff as family, and he delighted in the opportunity to mentor new attorneys.

"But Burt's loss will, no doubt, also be deeply felt among his peers and members of the bench alike. Furthermore, his contributions to the field of healthcare and hospital law in New Jersey have made his name synonymous with the practice, and he will be greatly missed within the healthcare business community. To this day, Burt's practice was at the cutting edge of change in the laws governing the healthcare industry," Fanburg explained.

In the early 1970s, Eichler paved the way for the establishment of many New Jersey healthcare "firsts" by shepherding the licensing of the first non-hospital-owned, free-standing dialysis facility, the first MRI, the first free-standing ambulatory surgical center, and the first lithotripter. He was also the first attorney to represent a medical staff in New Jersey.

Most notable among Eichler's published opinions was Marsh v. Finley, 160 N.J. Super., 193 (App. Div. 1978), certif. den. 78 N.J. 396 (1978), which allowed physicians engaged in the private practice of medicine to operate a CT scanner.

Other notable decisions in which he played a role were Desai v. St. Barnabas Medical Center, 103 N.J. 79 (1986); Paul Kimball Hospital Inc. v. Brick Twp. Hospital, Inc. , 86 N.J. 429 (1981); Women's Medical Center at Howell v. Finley, 192 N.J. Super. 44, certif. den. 96 N.J. 279 (1984); St. Joseph's Hospital and Medical Center v. Finley, 153 N.J. Super. 214 (App. Div. 1977); Radiological Society of N.J. v. Sheeran, 175 N.J. Super. 367 (App. Div. 1980) certif. den. 87 N.J. 311; and National Nephrology Foundations v. Dougherty, 133 N.J. Super. 470 (App. Div. 1976).

However, Eichler did not embark on his career as a healthcare attorney. He initially was a generalist, but when a group of healthcare providers came to him for counsel, he knew he had realized his niche, and he went on to develop the practice in New Jersey from its infancy. Interestingly, up until his death, he continued to handle real estate and large bond financing matters, as well.

"Perhaps more than anything, Burt was a counselor in every sense of the word, and he viewed himself as someone who could help people solve their problems - legal and otherwise," noted Fanburg. "But he was also a man of enormous integrity and honor and possessed a truly charitable nature.

For more than three decades Eichler was deeply committed to Cerebral Palsy of North Jersey and in November 2009, was honored for his service at its Steps to Independence Celebration. He also served as a member of the Board of Directors of Newark Beth Israel Medical Center, is listed among the top lawyers in New Jersey and America, and was honored by the Academy of Medicine with its Citizen Award.

He earned his L.L.B. from Rutgers University School of Law in 1957 and his B.S. from Ohio State University in 1954. He was a member of the Bars of New Jersey and New York.

Eichler served as a member of the Essex County, New Jersey and American Bar Associations, as well as the American Health Lawyers Association. He was a member of the South Orange-Maplewood Board of Education from 1980 to 1983 and served as vice president of that board from 1981 to 1982. In addition, Eichler was chair of the District 5, Fee Arbitration Committee of the New Jersey Supreme Court Fee Arbitration Committee from 1985 to 1986.

He is survived by his wife Belinda; three children, Betsy Eichler Feinstein, Peter Eichler, and Thomas Eichler; two step children, Scott and Kirk Brodows, and 11 grandchildren.

About Brach Eichler L.L.C.

Brach Eichler L.L.C. is a full-service law firm based in Roseland, N.J. With nearly 60 attorneys, the firm is focused in the following practice areas: health care, real estate (including environmental, land use and tax appeals), litigation, trusts and estates, corporate, and employment. Brach Eichler attorneys, many of whom have practiced law together for four decades, have been recognized by clients and peers alike in Best Lawyers in America, Chambers USA, and New Jersey Super Lawyers.