A Brooklyn judge was right to exclude testimony in a personal injury action from experts who said that the plaintiff developed cirrhosis by taking Tylenol while offering little clinical data to support their opinion, a unanimous Appellate Division, Second Department, panel has ruled.
Writing for the court, Justice John M. Leventhal (See Profile) said last week in Ratner v. McNeil-PPC Inc., 48820/02, that the plaintiff had not shown that her three experts’ theory was founded on “generally accepted methodology” and therefore could not be admitted.
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