To satisfy the Frye standard, the testimony must be based on a scientific principle or procedure which is sufficiently established to have gained general acceptance. A plaintiff fails to carry this burden if it does not present supporting material such as clinical data and peer reviewed medical literature. Here, the material presented by plaintiff's proposed experts discussed the presence of involuntary fasciculations in patients who experienced hyponatremia, but who also demonstrated indicia of brain damage. Plaintiff, however, did not have brain damage, and so the material did not support plaintiff's theory of liability.
Knafo v. Mount Sanai Hosp., NY Slip Op 03462 (1st Dep't June 18, 2020)
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