Successful Frye hearing aborts trial of multi-million dollar case

In Sadek v. Greyhound, venued in New York County, LCBF prevailed at a Frye hearing during trial, precluding plaintiff from proceeding to the jury with respect to his claims that he suffered a stroke as a result of an accident involving a Greyhound bus.  Plaintiff, who also alleged orthopedic injuries, shoulder surgery and recommended back surgery, had demanded $10 million to settle case, including a future wage loss of $5 million.  After medical testimony by several neurologists, and arguments by counsel, the court ruled that plaintiff's theory of medical causation (that plaintiff suffered a stroke due to the stress of the accident/spike in high blood pressure and the contortion of his body caused by the impact) was not generally accepted in the medical community of neurology.  It also ruled that plaintiff's theories of causation were new theories, presented after a jury had already been selected and thus, were prejudicial to the defense.  As a result of LCBF's success at the Frye hearing, plaintiff dismissed his orthopedic claims and is pursuing an appeal on the court's ruling precluding the stroke.  The LCBF team was headed by Diane Ruccia.