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 - April 2008
Court Grants Defendants' Motion to Dismiss Claims of Argentine Plaintiffs
On January 17, 2008, the U.S. Court granted the defendants' motion to dismiss the claims of the Argentine plaintiffs on the grounds of Forum Non Conveniens ("FNC"). The Court found that Argentina was an adequate alternative forum, and that the public interests weighed in favor of the Argentine claims proceeding in Argentina instead of in the United States. The Court required the defendants to agree to the following conditions of dismissal:
Defendants will voluntarily submit to the jurisdiction of Argentine courts if the clients file claims there within 120 days of dismissal or 120 days of a final decision on appeal;
Defendants will satisfy a final judgment rendered by the Argentine courts;
Defendants will toll (stop) the statute of limitations in Argentina for the period during which the claims have been pending in the United States, including during appeal; and
Defendants will not object to admission in the Argentine courts of evidence obtained during discovery in the United States on the grounds that it was not obtained in Argentina.
On February 28, 2008 we filed our appeal of the Argentina decision. We are also working on our responses to defendants’ upcoming FNC motions regarding clients who live in the following countries: Germany, Israel, Hong Kong and Denmark.
We will keep you informed regarding the appeal and any other important developments. Please feel free to contact us, or our local co-counsel in your country, by telephone should you have any questions or concerns.
