79 Misc. 2d 753 - In re Weberlist’s Empirical Analysis

Citation profile

8 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The Court is faced with the possibility that the ward may simply serve as an object for experimentation. Organized concern with the threat of human experimentation can be dated back to the so-called Nuremberg Code of 1946. (See, e.g. Symposium on Ethical Aspects of Experimentation with Human Subjects, 98 Daedalus 219, et seq. [1969]; Freund, Ethical Problems in Human Experimentation, 273 New Engl.J.Med. 687 [1967]; Curran & Beecher, Experimentation in Children, 10 J.A.M.A. 77 [1969]; Lasagna, Special Subjects in Human Experimentation, 98 Daedalus, 449 [1969]; Note, Experimentation on Human Beings, 20 Stan.L.Rev. 99 [1967]; Rules and Regulations of the U.S. Dept, of Health, Education and Welfare in the Protection of Human Subjects, effective July 1, 1974). It may well be that: 'Human experimentation has been a part of medical science since it gained the title of "science” some centuries ago. There are still physicians who insist that all medical treatment is still experimental.’ (Curran and Shapiro, Law, Medicine and Forensic Science [Second Edition, 1970] p. 887) but the critical factor in this case is its beneficial potential for Eugene Weberlist.” 360 N.Y.S.2d at 787 (brackets in original).”

   1 later decision quote this exact passage · from the majority
   e.g. Wentzel v. Montgomery General Hospital, Inc.

2. “"In this case, the Court must decide what its ward would choose, if he were in a position to make a sound judgment. Certainly, he would pick the chance for a fuller participation in life rather than a rejection of his potential as a more fully endowed human being. The Court does not know what the future holds in store for its unfortunate ward — whether the treatment will be successful. But the most humble of us is entitled to the promise of the Declaration of Independence for 'Life, Liberty and the pursuit of Happiness’. We owe the respondent that opportunity and accordingly, the Court authorizes the proposed medical intervention.” 360 N.Y.S.2d at 787 .”

   1 later decision quote this exact passage · from the majority
   e.g. Wentzel v. Montgomery General Hospital, Inc.