STORY FROM: Drugs & Medical Devices

Ethicon Surgical Stapler Case Should Be Tried in Germany, 6th Cir. Affirms

CINCINNATI — A federal appeals court has upheld dismissal of an Ethicon surgical stapler action, ruling that the trial court did not abuse its discretion in determining that the case should be tried in Germany, where the plaintiffs have lived for the last 12 years and where the alleged injury took place.

On July 8, 2016, the 6th Circuit U.S. Court of Appeals found the convenience of the witnesses and the parties, along with the relative ease of access to sources of proof, weigh in favor of dismissal in favor of a German forum.

Since 2002, Brandon Hefferan and his ...

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