MINISTRY OF HEALTH v. SHILEY

No. SACV 93-691-GLT[GJ].

858 F.Supp. 1426 (1994)

MINISTRY OF HEALTH, PROVINCE OF ONTARIO, CANADA; Her Majesty in Right of the Province of Manitoba, Plaintiffs, v. SHILEY INCORPORATED, a California corporation, formerly known as Pfizer Hospital Products Group, Inc., a Delaware corporation, Defendants.

United States District Court, C.D. California.

August 1, 1994.


Attorney(s) appearing for the Case

James T. Capretz, Law Offices of James T. Capretz, Newport Beach, CA, for plaintiffs.

Pierce O'Donnell, Kenneth A. Freeling, Kaye, Scholer, Fierman, Hays & Handler, Los Angeles, CA, Frank C. Rothrock, John R. Lister, Palimieri, Tyler, Wiener, Wilhelm & Waldron, Irvine, CA, for defendants.


RULING ON MOTION TO DISMISS

TAYLOR, District Judge.

In this defective heart valve case brought by Canadian plaintiffs, the court rejects a consistent line of developing authority, and holds plaintiffs' claims are not subject to blanket preemption by the Medical Device Amendments of 1976 (21 U.S.C. § 301 et seq.). However, under the Piper rule, the court applies the forum non conveniens doctrine, holding that Canada is the proper trial forum....

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