PRACTICES
OVERVIEW
Josh Gajer is an experienced litigator and a tenacious advocate who is committed to achieving the best possible results for his clients. As a former criminal prosecutor, Josh understands how important an early and thorough investigation is to the favorable resolution of any matter, no matter how big or small. He focuses his practice on complex matters, including medical malpractice litigation and general liability matters as well as white collar criminal defense and internal investigations. He represents hospitals, physicians, nurses and other healthcare practitioners against professional liability claims and corporate clients in connection with fraud related litigation and investigations, including internal investigations, criminal and regulatory enforcement and insurance fraud.
Prior to joining the firm, Josh worked as a criminal prosecutor in the Miami-Dade Office of the State Attorney. As an Assistant State Attorney, Josh tried approximately 30 jury trials and 100 bench trials including many complex cases involving conspiracies, insurance fraud, larcenies and other significant financial crimes. As a prosecutor, Josh also served as a member of the State Attorney’s Multi-Agency Gang Task Force responsible for coordinating federal and state investigations and prosecutions of Miami’s most dangerous and sophisticated criminal organizations engaged in complicated schemes to defraud.
While in law school, Josh served as an editor of the Arts and Entertainment Law Journal and found his calling as a litigator while interning for the Honorable Frederic Block of the Eastern District of New York.
Recognition and Involvement
Recognition & Involvement
As a prosecutor, Josh was awarded Mothers Against Drunk Driving's (MADD) Excellence in Prosecution Award for his efforts developing an effective office-wide strategy to defeat novel defense motions to exclude scientific evidence in DUI cases.
Recognized as a Best Lawyers: Ones to Watch® in America since 2023 for Health Care Law.
Josh was selected in a survey of her peers as a Pennsylvania "Rising Star" by Super Lawyers in 2019 and 2020.
He is an avid baseball fan and manages the firm’s softball team.
Credentials
Bar and Court Admissions
Florida
New Jersey
Pennsylvania
U.S. District Court for the Middle District of Florida
U.S. District Court for the Southern District of Florida
U.S. District Court for the District of New Jersey
U.S. District Court for the Eastern District of Pennsylvania
Education
Benjamin N. Cardozo School of Law, JD, 2010
Columbia University, BA, 2006
News & Insights
REPRESENTATIVE MATTERS
- Obtained summary judgment and complete dismissal of all claims against a Geisinger Clinic-employed geriatrician who allegedly failed to diagnose a shoulder fracture in a nursing home resident based on the doctrine of collateral estoppel
- Obtained complete dismissal of a products liability action against a medical device manufacturer
- Secured a dismissal, on appeal, on behalf of Horizon Healthcare Services, Inc. against claims that its Omnia healthcare plan violated the New Jersey state Healthcare Quality Act and that the state’s opioid crises required the court to create a private right of action
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Obtained a defense verdict in an arbitration on behalf of physicians and a hospital accused of failing to implant a defibrillator in a patient who died from a lethal arrhythmia
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Obtained dismissal of a corporate property owner from a premises liability case based on workers’ compensation immunity when the injured party was an employee of a subsidiary of the property owner
- Obtained emergent appellate stay, and later the complete reversal on interlocutory appeal, of two discovery orders from two different courts that required a health insurer to provide in discovery confidential, competitive, and proprietary business information to various hospitals upset with their tier designation in the insurer’s health plan
- Successfully represented a major health insurer against efforts by hospitals to enjoin implementation of a new health insurance product
- Obtained complete dismissal of a breach of contract action against a multinational consumer goods company
- Obtained a defense verdict at arbitration on behalf of a physician accused of delaying an emergent transfer of a premature baby who later passed from necrotizing enterocolitis
- Served as a part of a trial team that obtained a defense verdict on behalf of a physician accused of causing a 3-year-old child’s death by failing to diagnose a severe stomach condition