Germany Held Proper Forum for Ethicon Surgical Stapler Suit

July 14, 2016, 4:00 AM UTC

Germany is the proper forum for a suit against Johnson & Johnson and Ethicon Endo-Surgery Inc. by an American husband and German wife, the Sixth Circuit said (Hefferan v. Ethicon Endo-Surgery, Inc., 2016 BL 219642, 6th Cir., 15-3619, 7/8/16).

Brandon and Sabine Hefferan, who live in Germany, allege that Brandon was injured in Germany when an Ethicon surgical stapler malfunctioned during a procedure.

The U.S. Court of Appeals for the Sixth Circuit July 8 said a federal trial court acted within its discretion in dismissing the suit based on forum non conveniens.

The couple’s initial forum choice was ...

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