Indiana Court Kicks Products Liability Case Against Prosthetic Hip Manufacturer to Virginia or Mississippi

In a products liability action over recalled prosthetic hip implants, nineteen plaintiffs from Virginia and Mississippi filed claims in Indiana state court.  The defendant manufacturer argued that the forum was inappropriate because the medical procedures to install the prosthetics were all conducted in Virginia or Mississippi, all Plaintiffs resided in Virginia or Mississippi, and the defendants were willing to waive all jurisdictional or limitations defenses if the plaintiffs re-filed in Virginia or Mississippi.  The trial court denied the manufacturer’s motion to dismiss based on forum non conveniens grounds, but the Indiana Court of Appeals reversed.  The court explained that the large majority of witnesses would be located in Virginia or Mississippi, the Indiana courts would have to apply Mississippi or Virginia law, and while the plaintiffs argued that they sought to take advantage of Indiana’s trial schedule, they made no showing that they would be deprived any substantive right if the case proceeded elsewhere.  Accordingly, the Court of Appeals held that the trial court abused its discretion and ordered the case be dismissed for re-filing in Virginia or Mississippi.