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Gary is a highly skilled trial attorney who has successfully handled more than 200 major jury trials throughout his career. With a primary focus on the health care industry, he represents doctors, nurses, health care practitioners, hospitals, and facilities of all types when facing catastrophic outcomes and medical malpractice lawsuits. Gary divides his time between our King of Prussia and Philadelphia offices. 

Gary is also experienced in complex civil litigation matters encompassing all areas of professional liability, sexual assault, property litigation and intellectual property. Representing clients in the federal and state courts, he has successfully argued before the Pennsylvania Supreme Court and the Third Circuit Court of Appeals, and he has handled scores of bench trials, arbitrations and mediations. He serves as a Judge Pro Tem for the Philadelphia Court of Common Pleas and is a trained mediator.

Prior to joining Marshall Dennehey, Gary chaired the Professional Liability and Catastrophic Loss practice groups at a well-known Philadelphia-based law firm. Gary was named one of Pennsylvania's Top 100 Lawyers and one of Philadelphia's Top 100 Lawyers five times, and has been recognized as a Pennsylvania Super Lawyer since 2006 by Pennsylvania Super Lawyers®. He is also recognized in the 2025 and 2024 editions of The Best Lawyers in America® for professional malpractice law – defendants.

Outside of the courtroom, Gary is a distinguished speaker and lecturer on litigation topics including trial tactics, expert selection and cross-examination. He has also been featured on Fox Business News' "Xpert Forum" program.

    • University of Arkansas School of Law
    • West Chester University
    • Pennsylvania, 1990
    • U.S. District Court Eastern District of Pennsylvania
    • Supreme Court of the United States
    • AV® Preeminent™ by Martindale-Hubbell®
    • The Best Lawyers in America©, Professional Malpractice Law – Defendants (2024-2027)
    • The Legal Intelligencer – Professional Excellence Award – “Distinguished Leader” (2020)
    • Pennsylvania Super Lawyers (2006-2026; Top 100 in Pennsylvania, 2009-2011, 2013-2014; Top 100 in Philadelphia, 2009-2011, 2013-2014)
    • Suburban Life Magazine – Top Attorneys (2013-2022)
    • American Bar Association
    • American Inns of Court
    • Defense Research Institute
    • Pennsylvania Bar Association
    • Philadelphia Bar Association
    • Secured a non-suit in a hotly contested matter with a pre-trial demand of $7 million dollars regarding the death of a neurologist after complications from a green light procedure for prostate issues. Plaintiffs contended thermal injury occurred, as well as a bladder perforation, infection, bladder removal and ultimately death and argued the hospital did not act appropriately and failed to have appropriate policies and procedures regarding the use of warm saline during the procedure. The corporate and direct negligence theories failed after Gary's cross-examination of their expert on voir dire determined that the plaintiff's expert was not qualified to offer opinions on hospital policies and procedures. Successful cross-examination had already occurred regarding the pathologist involved in the autopsy and the urologist who performed the procedure. The granting of a non-suit is a rarity at trial. (2026)
    • Obtained a unanimous defense verdict on behalf of an anesthesiologist accused of causing nerve damage during the administration of an adductor canal block in connection with a complex knee surgery. Although the week-long trial featured compelling and emotional testimony regarding the plaintiff’s alleged limitations, the defense successfully challenged the plaintiff’s expert testimony through effective cross-examination focused on the technique used to perform the block, the nerves at issue, and the relevant medical literature. Jurors later indicated that these efforts were instrumental in their decision to return a defense verdict. (2026)
    • Obtained a Non-Suit in a wrongful death case in Delaware County. The Court found upon Motion that there was no link to causation after extensive, nuanced argument. (2025)
    • After an 11-day trial, obtained a defense verdict on behalf of four physicians and a major teaching hospital in Philadelphia. The medical malpractice action involved the labor and delivery of a baby later alleged to have a hypoxic birth injury that caused developmental delays and permanent brain damage, among other issues. The plaintiffs’ experts boarded $21 million in future medical costs to take care of the child and the demand in the pretrial was commensurate with those numbers. (2025)
    • Secured a unanimous defense verdict in Philadelphia on behalf of a prominent orthopedic surgeon accused of inappropriate touching of a patient. The plaintiff alleged that the physician inappropriately touched her during a preoperative examination for bilateral hip surgery. Through meticulous cross-examination and persuasive argument, the defense team achieved a complete victory. (2025)
    • Obtained a dismissal in the middle of trial after cross-examining the plaintiff’s witnesses in a case involving a former NFL player and opera singer who contended they had permanent injuries after knee surgery and the failure to diagnose a pseudoaneurysm. Plaintiff’s counsel agreed to dismiss Gary and his client prior to the end of their case to prevent him from participating in the trial further, and decided to limit their recovery to the other defendants due to the successful cross-examination. (2025)
    • Secured a medical malpractice defense verdict in a complex urosepsis case where the damages included allegations of neurological sequelae and cognitive deficits. The trial was marked by aggressive cross-examination of expert witnesses and a deep dive into comprehensive neurological records and literature. (2025)
    • Received a defense verdict on behalf of an anesthesiologist after a six-day trial in Philadelphia. The plaintiffs had contended the anesthesiologist failed to deal with internal bleeding, blood pressure issues and failed to communicate with the surgeon during a Cesarean section and in the Post Anesthesia Care Unit (PACU), leading to the plaintiff almost bleeding out and causing the loss of her uterus during an emergency hysterectomy. The jury was receptive to the defense arguments that, in fact, the doctor not only complied with the standard of care, but exceeded it. (2024)
    • Achieved a unanimous defense verdict in a wrongful death case. The lawsuit included allegations of failure to workup and diagnose lung cancer. The 9-day trial revolved around the care provided by the primary care and orthopedic physicians. The plaintiffs claimed the patient’s symptoms were related to a Pancoast tumor that was undiagnosed, resulting in his death. Gary was able to establish with the jury the superiority of the defense experts by comparison, and explain there can be concurrent diseases and there was an objective reason for each and every one of the patient’s symptoms. (2024)
    • Secured a unanimous defense verdict on behalf of a cardiologist cardiologist who was accused of causing the death of a patient. The plaintiff contended the cardiologist should have immediately sent his patient to the hospital for an emergent cardiac catheterization due to unstable angina. Gary persuaded and convinced the jury that the patient indeed had stable angina and did not need urgent care, even though the patient died four days after the visit. (2024)
    • Secured a defense verdict on behalf of a gynecological surgeon facing accusations of damaging a woman’s ureters and urinary tract during a laparoscopic hysterectomy. The plaintiff claimed that the doctor’s alleged inexperience and negligence led to a transection of the ureter. Following the verdict, the jury emphasized that Gary’s cross-examination of the plaintiff’s experts played a pivotal role in the verdict. (2024)
    • Obtained a total dismissal of a hospital client after six days of trial. The matter involved allegations against the hospital for direct negligence and agency after a radical cystectomy, sepsis, perforation of the bowel and death. (2024)
    • Obtained a defense verdict on behalf of a urologist in a case involving testicular torsion. After a six-day trial the jury found the doctor was not liable for any injury sustained by the plaintiff. The key issue in the case revolved around presentation in the emergency room and the interpretation of an ultrasound as well as the presenting symptoms and complaints of the plaintiff. (2024)
    • Secured a unanimous defense verdict after a six-day trial on behalf of a primary care physician accused of failing to timely diagnose cancer. The unanimous verdict was reached after a thorough and aggressive cross-examination of experts. Gary persuaded the jury that the doctor’s actions were appropriate and that no CT screening was required for this patient despite their extensive smoking history. (2024)
    • After an 8-day trial regarding the death of a patient, Gary obtained a unanimous defense verdict on behalf of an interventional cardiologist. The plaintiff alleged the doctor was negligent in his interpretation of an echocardiogram and in the performance of a ventriculogram during a cardiac catheterization. Gary succeeded in presenting expert testimony from four different specialties to persuade the jury his client acted appropriately at all times. Aggressive cross-examination of plaintiffs' experts contributed greatly to the victory. (2023)
    • Secured a defense verdict after a nine-day trial where the jury found no liability for a primary care physician who was accused of making improper referrals to a weight loss physician and failing to work up a 36-year-old obese woman for cardiac issues. The decedent left behind a 4-year-old son and quadriplegic husband making the case extremely sympathetic. (2023)
    • Secured a unanimous defense verdict in Chester County on behalf of a podiatric surgeon after a six-day trial. Plaintiffs alleged the doctor failed to meet the standard of care by not closely observing a patient in follow-up post-surgery on a severe Charcot foot, allowing an infection that led to a below-the-knee amputation. The trial involved seven experts and complicated medicine regarding various infectious pathogens. (2023)
    • Secured a defense verdict for two anesthesiologists accused of malpractice. The plaintiffs had claimed the anesthesiologists failed to properly hydrate the patient during the procedure as well as adequately and appropriately monitor the blood pressure and heart rate. They were also criticized for extubating prior to the patient meeting the necessary criteria. The plaintiffs alleged the deficiencies resulted in poor perfusion to the bowel which led to necrosis and resection leaving the patient with short gut syndrome and cognitive deficits. The jury commented on the effective cross-examination and the quality of the defendants’ experts as being important in their analysis. Raymond Petruccelli was instrumental in the defense of this case. (2023)
    • Obtained a defense verdict for a lab director, hospital and health care system. Gary was asked to “parachute” in two weeks before trial and represent these health care providers. The complex case involved a lab mix-up that caused plaintiffs to have unnecessary surgery in the form of a radical prostatectomy for prostate cancer. The surgery caused complications of stress urinary incontinence and erectile dysfunction. The plaintiff made an eight-figure demand and the trial lasted eight days. (2023)

Firm Highlights

Thought Leadership

Florida Supreme Court Rules Florida Statute §627.70152 Does not Apply Retroactively

In a decision that resolves years of appellate uncertainty and confirms that insurers and insureds alike can rely on the legal framework in place when a policy is issued, the Supreme Court of Florida last week found that Florida Statute §627.70152, which involves an insured’s requirement to provide an insurer with pre-suit notice before filing a suit, cannot be applied retroactively. In Universal Property & Casualty Insurance Company v. Hughes, the Court was presented with the issue of whether the statutory pre-suit notice requirement applied retroactively and whether it would apply to a breach of contract of an insurance policy that was issued before the statute went into effect. Before the Court was an appeal from a homeowner, Ms. Hughes, who sued her insurance carrier, Universal Property & Casualty Insurance Company (Universal) for breach of contract under an insurance policy that was in effect from April 24, 2019 through April 24, 2020. During the policy period, Ms. Hughes suffered a loss and, on May 29, 2019, made a claim for water damage. The carrier investigated the loss and issued payment; Ms. Hughes disputed the payment, finding the amount insufficient for repairs. On July 1, 2021, Florida Statute §627.70152 went into effect, which required insureds to provide notice of intent to initiate litigation against the carrier prior to filing a lawsuit; if an insured filed the lawsuit without complying with §627.70152, a court must dismiss the case without prejudice. On August 4, 2021, Ms. Hughes filed her lawsuit against Universal for breach of contract. Universal moved to dismiss based on her failure to comply with §627.70152. Ms. Hughes contended the notice requirement could not be applied retroactively. The trial court disagreed and dismissed the lawsuit without prejudice, and Ms. Hughes appealed. During the appeal, the Fourth District Court of Appeal, in Cole v. Universal Property & Casualty, 363 So. 3d 1089 (Fla. 4th DCA 2023), ruled that Florida Statute §627.70152 did apply retroactively to policies issued before the effective date of §627.70152. However, the Sixth District Court agreed with Ms. Hughes and overturned the trial court’s ruling, finding the statute could not retroactively apply to policies issued prior to the statute effective date. Thereafter, the other district courts weighed in, with the Third District Court agreeing with the Fourth District Court, and the First, Second and Fifth District Courts agreeing with the Sixth District Court. In resolving the conflict amongst the district courts, the Supreme Court advised “as a general rule, ‘the statute in effect at the time an insurance contract is executed governs substantive issues arising in connection with that contract.’ Hassen v. State Farm Mut. Auto. Ins. Co., 674 So. 2d 106, 108 (Fla. 1996). The Court applied the two-step test when deciding whether a statute has retroactive application: “First, the Court must ascertain whether the Legislature intended for the statute to apply retroactively. Second, if such an intent is clearly expressed, the Court must determine whether retroactive application would violate any constitutional principles.” Menendez v. Progressive Exp. Ins. Co., 35 So. 3d 873, 877 (Fla. 2010). In analyzing the Legislature’s intent, the Court must determine whether the Legislature has manifested a clear command for retroactivity in the statutory text.  In review of the statutory text, the Court found nothing in the language of the statute to indicate that the phrase “all suits” was serving another purpose of expanding its reach to suits based on policies that both predate and postdate the enactment of the statute. Buis v. Universal Prop. & Cas. Ins. Co., 394 So. 3d 738, 741 (Fla. 2d DCA 2024). Further, the Court noted the statute has an effective date, which has long been considered to be evidence against retroactive application of a statute. The Court concluded that, on its face, no provision of §627.70152 speaks to application of the statute to insurance policies issued before the statute’s effective date and therefore, the Legislature did not clearly command retroactivity of the statute to include insurance policies issued prior to the enactment of the statute. The Court briefly reviewed Universal’s argument that the presuit notice requirement was procedural, not substantive, and therefore should be applied retroactively; however, the Court agreed with the Sixth District Court’s finding that, in its entirety, §627.70152 transformed an insured’s ability to sue an insurance company under a property insurance policy and an insurer’s obligations to respond to and pay insurance claims, thus making the requirement a substantive change. The Court thereby upheld the decision of the Sixth District and disapproved the decision of the Fourth District in Cole.

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.

Thought Leadership

The Tolling Trap: Filing Alone Will Not Toll the Statute Without Good-Faith Service

The Eastern District of Pennsylvania recently reinforced a critical limitation on bad faith claims, holding that a timely filing alone will not preserve a cause of action absent a good-faith effort to serve the original process. The plaintiff had presented a claim for underinsured motorist benefits to his auto insurer. The insurer evaluated the claim and determined that the plaintiff’s accident-related damages did not exceed the bodily injury liability insurance limits of the at-fault driver and denied his claim. Among other claims, the plaintiff sought to present a claim for insurance bad faith under 42 Pa. C.S.A. § 8371, to which a two year statute of limitation applies. He first filed a praecipe for writ of summons before the expiration of the statute of limitation. However, the plaintiff did not attempt to serve the praecipe or writ until after the statute of limitations had expired. Additionally, the service failed as the plaintiff had mailed the original process to an incorrect address. Despite receipt of the Postal Service’s failure to deliver the original process, the plaintiff did not attempt to re-serve the writ. Two months later, the plaintiff filed a complaint and then successfully served that complaint. The insurer sought to dismiss the plaintiff’s bad faith claim as time-barred by the statute of limitations. The district court agreed. Though the plaintiff had filed a praecipe for a writ of summons prior to the expiration of the statute of limitations, the statute is only tolled if there is a good faith effort to serve that original process. In this case, the court determined that the plaintiff had failed to perform a “good faith effort to serve the original process”. Additionally, though the filing and service of a complaint can serve as alternative original process when the lawsuit is commenced by the filing of a praecipe for a writ of summons, the plaintiff filed his complaint after the statute of limitations had expired. The plaintiff’s bad faith claim was therefore determined to be barred by the statute of limitations and dismissed by the court, with prejudice. A key takeaway for the defense is not to assume that the statute of limitations has been successfully tolled by a plaintiff merely because a praecipe for a writ of summons or complaint has been filed prior to the expiration of the statute. A filed complaint or writ is only part of the equation. The defense should carefully review the docket and filings to confirm that the plaintiff also performed the requisite good faith effort to serve that original process. A thorough review of the docket may reveal that the plaintiff failed to make the good-faith service efforts necessary to toll the statute of limitations.