John Barker Secures Dismissal at Trial After Successful Frye Motion

On November 13, 2017, John Barker successfully conducted an intra-trial Frye Hearing that led to the striking of plaintiff’s expert’s testimony in a medical malpractice action.  Plaintiff claimed that Mr. Barker’s client negligently performed cryosurgery causing a rectal-urethral fistula resulting in the need for a permanent colostomy and urinary diversion.  Mr. Barker argued that there was no support in the medical literature for the theory of liability espoused by plaintiff’s expert urologist.  After determining the Frye issue, the trial court granted Mr. Barker’s motion for a dismissal based upon plaintiff’s inability to establish a prima facie case.

 

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