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Retkwa v. Orentreich
New York Supreme Court
579 N.Y.S.2d 577 (1991)
- Written by Mary Phelan D'Isa, JD
Facts
Norman Orentreich (defendant) moved for an order to vacate a medical-malpractice panel’s unanimous finding that Orentreich violated the Federal Food, Drug, and Cosmetic Act when he compounded liquid silicone to inject into Rosalyn Retkwa’s (plaintiff) face. Orentreich argued that because the nonmedical grade base silicone was not an adulterated device within the meaning in the act when it was shipped interstate from Dow Chemical in Delaware to him in New York, the requisite contact with interstate commerce necessary for such a violation was lacking. Orentreich also argued that the act was not intended to interfere with a physician’s medical use of a product—whether that use was approved or not.
Rule of Law
Issue
Holding and Reasoning (Sklar, J.)
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