Persons with hemophilia in the United States, Latin
America, Europe, Asia, the Middle East and Africa were
infected with contaminated blood products. Lieff Cabraser
is representing clients from around the world in lawsuits
filed in U.S. courts against American blood companies
that sold in the U.S. and exported contaminated blood
worldwide.
Blood
Factor Lawsuit Update - June 2005
The
blood factor defendants have recently filed their first
motion to dismiss the claims of the international plaintiffs
under the doctrine of forum non conveniens (“FNC”),
which vests the Court with discretion to dismiss the claims
of foreign plaintiffs even where the Court has jurisdiction
over such claims, if the Court determines that Plaintiffs'
home Courts are an adequate alternative to the U.S. legal
system and that prosecution of those claims abroad would
serve the convenience of all parties under the facts and
circumstances of this case. The Court need not dismiss
the claims of any plaintiffs on the basis of this doctrine,
but may choose to do so in its discretion if defendants
meet their burden to persuade the Court on this issue.
The
Court has not yet ruled whether it will dismiss the claims
of any Plaintiffs on this ground. It has, however, set
a timetable and a procedure for determining the issue on
a country-by-country basis, and directed Defendants to
select the country as to which defendants believe their
position on FNC is strongest. Defendants chose the United
Kingdom for their first motion.
Plaintiffs
have until August 23, 2005 to oppose Defendants' motion
papers, which were filed late last month. Defendants will
have up to approximately 60 days to reply, after which
the Court will be ready to decide the issue. Additional
motions will likely be filed, though no schedule has been
set regarding the FNC issue as to any country other than
the United Kingdom. In the meantime, Plaintiffs are continuing
to conduct discovery of the facts supporting Plaintiffs'
claims on the merits.
Please
feel free to contact us, or our local co-counsel in your
country, by phone should you have any questions or concerns.
Also, we will post any further developments of significance
on the web site, which you can check at your convenience.
