On May 1, 2023, Michael Flomenhaft, Esq., Principal of The Flomenhaft Law Firm, PLLC won an historic motion in a medical malpractice case, Martinez v. North Shore Long Island Jewish Franklin Hospital, Supreme Court, Queens County (Index No. 702801/2017). Defense counsel’s motion under Frye v. United States. 293 F. 1013 (1923) sought exclusion of the admissibility of quantitative electroencephalography (qEEG) to objectively corroborate chronic pain. A Frye motion enables exclusion of medical or scientific evidence that is not sufficiently substantiated as valid. However, the qEEG in question corroborated a clinical diagnosis of chronic pain by demonstrating patterns of brain wave abnormality scientifically recognized as corresponding to chronic pain.
“This motion is important because chronic pain is often minimized or even maligned as ‘subjective’ implying it is not significant or even real,” says Mr. Flomenhaft. “Consequently, claims for pain as an injury are fraught with credibility hurdles that personal injury plaintiffs and their physician witnesses must often overcome. qEEG provides an objective depiction of the patterns of brain abnormalities that are signatures for chronic pain experiences."
This appears to be the first ruling in United States courts allowing qEEG for this purpose. It represents a legal watershed for objective support of the presence of chronic pain, which represents a core issue in a major portion of cases in America’s legal system.
About The Flomenhaft Law Firm, PLLC
Based in lower Manhattan, The Flomenhaft Law Firm, PLLC is renowned for its elite representation of victims of traumatic brain injury (TBI) including concussions and severe chronic pain. Their attorneys are highly advanced in proving the real severity of minimized or even unrecognized brain injuries and are successful at achieving multi-million dollar awards for these conditions. More information is available at www.brainjusticeny.com
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Contacts
Michael Flomenhaft, Esq. (646) 747-0302, mflomenhaft@brainjusticeny.com
