Testimony that a wrongly dispensed drug caused permanent visual and cognitive damage to a healthy 47-year-old man did not satisfy the Frye test, because the expert’s opinion that the drug overdose caused the plaintiff’s damages was not generally accepted in the relevant scientific community, the Superior Court has ruled.
The ruling in Trach v. Fellin affirmed a Lehigh County common pleas judge’s decision reversing a $5 million verdict and granting a new trial solely on the issue of damages.
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