Legal Opinion

Pauling v. Orentreich Medical Group

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

Decided January 6, 2005PublishedCited by 11 opinions

1Opinion of the Court

Judgment, Supreme Court, New York County (Paula J. Omansky, J.), entered May 18, 2004, dismissing the complaint, unanimously affirmed, without costs.

Plaintiff failed to meet her burden of proof at the Frye hearing (Frye v United States, 293 F 1013 [1923]) that her theory of causation is generally accepted in the medical community (see Lara v New York City Health & Hosps. Corp., 305 AD2d 106 [2003], citing, inter alia, People v Wesley, 83 NY2d 417, 422-423 [1994]). The theory is that facial injections of liquid silicone over a long period of time, administered to plaintiff as an acne *358treatment,…

2Cases cited9 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. People v. WesleyNew York Court of Appeals · 1994
  3. People v. LeeNew York Court of Appeals · 2001
  4. In Re Breast Implant LitigationDistrict Court, D. Colorado · 1998
  5. People v. WernickNew York Court of Appeals · 1996

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3Cited by11 opinions

  1. Ratner v. McNeil-PPC, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
  2. Heckstall v. PincusAppellate Division of the Supreme Court of the State of New York · 2005
  3. Lewin v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 2005
  4. Pullman v. SilvermanAppellate Division of the Supreme Court of the State of New York · 2015
  5. Carter v. Isabella Geriatric Center, Inc.Appellate Division of the Supreme Court of the State of New York · 2010

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