Joshua Gajer

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.

• 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