Which of the Following Was the Result on Appeal in Gotlin

question 47

Multiple Choice

Which of the following was the result on appeal in Gotlin v. Lederman, the case in the text involving whether the defendants misrepresented the effectiveness of a particular form of cancer treatment, Fractionated Stereotactic Radiosurgery (FSR) , in violation of New York's consumer protection law?

• A) The court ruled that plaintiff was unable to recover because there was no evidence of deceptive statements made on the part of the defendants.
• B) The court ruled that the plaintiff was unable to recover because the consumer protection law at issue did not apply to the provision of medical services.
• C) The court ruled that the plaintiff was unable to recover because of the absence of expert medical testimony establishing that the treatment was ineffective.
• D) The court ruled that as a matter of law the plaintiff was entitled to recover because evidence indicating the ineffectiveness of the treatment was presented.
• E) The court ruled that the case was wrongfully dismissed prior to trial because issues of material fact were presented regarding the plaintiff's injuries and whether the marketing of the treatment was deceptive treatment.

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