On June 1, 2023, The Flomenhaft Law Firm, PLLC won a hallmark victory before the Supreme Court of the State of New York Appellate Division, First Judicial Department in Almonte v. Con Edison Company of New York, Inc., Index No. 24968, 14E. The appellate panel reversed the order of the trial court requiring production of various technical data supporting Diffusion Tensor Imaging (“DTI”). DTI is a special sequence of brain MRI used to detect white matter abnormalities. The brain’s white matter furnishes the communication network among the brain’s approximately eight- six billion brain cells.
As the DTI in question involved a quantitative analysis, the trial court’s order directed our client’s production of control group information, calibrations and other technical information that are proprietary to Montefiore Medical Center where the DTI study was performed. The order is important as it is the first appellate decision imposing a roadblock to the increasingly proliferating litigation discovery demands impeding the forensic use of not just DTI but other advanced brain imaging.
See information on brain imaging litigation discovery victory below:
The Flomenhaft Law Firm’s brain imaging litigation discovery victory