Legal Opinion

Rowe v. Fisher

Appellate Division of the Supreme Court of the State of New York

Decided March 10, 2011PublishedCited by 7 opinions

1Opinion of the Court

*491The motion court properly precluded plaintiffs’ expert testimony on chelation because the expert’s theories were contrary to the medical literature on the subject and therefore “unreliable” (Parker v Mobil Oil Corp., 7 NY3d 434, 447 [2006]).

Furthermore, the court properly precluded the testimony pursuant to Frye v United States (293 F 1013 [1923]). Although we find that plaintiffs’ theory that chelating Carol at the start of her third trimester would have prevented or reduced the claimed injuries to the infant plaintiff was a novel theory subject to a Frye analysis, plaintiffs failed to rebut…

2Cases cited2 opinions

  1. Parker v. Mobil Oil Corp.New York Court of Appeals · 2006
  2. Marso v. NovakAppellate Division of the Supreme Court of the State of New York · 2007

3Cited by7 opinions

  1. Lugo v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2011
  2. Muhammad v. FitzpatrickAppellate Division of the Supreme Court of the State of New York · 2012
  3. Keilany B. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2014
  4. Nobre v. ShanahanNew York Supreme Court · 2013
  5. LaRose v. CorraoAppellate Division of the Supreme Court of the State of New York · 2013

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