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.
Listed in 2023 Best Lawyers: Ones to Watch in America 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.
Bar and Court Admissions
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
Benjamin N. Cardozo School of Law, JD, 2010
Columbia University, BA, 2006
News & Insights
- 9.15.22 | Liberty View at Independence Visitor Center
- What Comes Next? Implications of the Supreme Court of Pennsylvania’s Repeal of the Medical Malpractice Venue Rule9.1.22 | Healthcare Alert
- 8.18.22 | Firm News
- Superior Court of Pennsylvania to Address Requirements for Application of the MCARE Patient Safety Privilege4.12.22 | Healthcare Alert
- The Superior Court of Pennsylvania Clarifies the Discoverability of Mental Health Records in Personal Injury Lawsuits1.18.22 | Healthcare Alert
- 12.8.21 | ED Management
- 8.19.21 | Healthcare Alert
- 6.24.20 | MDedge Med Tech Report
- 6.18.20 | Healthcare Alert
- 4.9.20 | The Legal Intelligencer
- PA Legislature Cannot Determine the Anticipated Impact of the Proposed Repeal of the Medical Malpractice Venue Rule2.4.20 | Healthcare Alert
- Pennsylvania Senate Report on the Anticipated Impact of the Proposed Repeal of the Medical Malpractice Venue Rule Delayed by One Month1.3.20 | Healthcare Alert
- 5.15.19 | Healthcare Alert
- Pennsylvania Supreme Court Postpones Consideration of Proposed Repeal of Medical Malpractice Venue Rule2.15.19 | Healthcare Alert
- Pennsylvania Senate Urges Supreme Court to Delay Considering Repeal of Venue Rule in Medical Professional Liability Cases Pending Further Study2.7.19 | Healthcare Alert
- Pennsylvania Supreme Court Considering Repeal of the Venue Rule in Medical Professional Liability Cases1.7.19 | Healthcare Alert
- PA Supreme Court Declines to Consider Constitutional Challenge to Statutory Damages Cap Applicable to Commonwealth Agencies10.25.18 | Litigation Alert
- PA Supreme Court Dramatically Changes Scope of Qualified Immunity for Government Entities for Torts Related to “Operation of a Motor Vehicle”9.6.18 | Litigation Alert
- Where Must We Fight? Developments in Personal Jurisdiction Law May Limit the States in Which Corporations Must Defend Themselves9.22.16 | White and Williams Coverage College
- 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
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
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