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MATTER OF BAUSCH & LOMB CONTACT LENS SOLUTION PRODUCT LIABILITY LITIGATION

5228, 766000/07

87 A.D.3d 913 (2011)

932 N.Y.S.2d 18

2011 NY Slip Op 6460

In the Matter of BAUSCH & LOMB CONTACT LENS SOLUTION PRODUCT LIABILITY LITIGATION. PLAINTIFFS IN THE NEW YORK COORDINATED PROCEEDING, Appellants, v. BAUSCH & LOMB, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided September 15, 2011.

Plaintiffs failed to meet their burden of showing at the Frye hearing (Frye v United States, 293 F 1013 [1923]) that their experts' opinions that defendant's soft contact lens solution ReNu with MoistureLoc (ReNu ML) was causally related to a rise in non-Fusarium corneal infections were generally accepted by the relevant medical or scientific community (see Pauling v Orentreich Med. Group, 14 A.D.3d 357 [2005], lv...

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