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Third DCA affirms trial court denial of medical device manufacturer’s motion to dismiss product liability cases on the grounds of forum non conveniens

On July 14, 2021, the Florida Third DCA affirmed trial court rulings in nine product liability cases brought by individual claimants against Cordis Corporation, a medical device manufacturer. The trial court’s rulings deniedthe defendant’s motion to dismiss on the grounds of forum non conveniens. Cordis and several other companies are defendants in lawsuits brought by plaintiffs around the country for alleged defects in IVC filters which are implanted to prevents blood clots from moving into the lungs. Cordis is a Florida corporation and maintains an office in Miami Lakes, Florida. Cordis’s Miami Lakes office is the central location for handling product complaints, quality control, risk management, training, and regulatory compliance involving the Cordis IVC Filter. The plaintiffs in the appealed cases are citizens and residents of states outside Florida. The Third DCA noted that the trial court had properly considered all the forum non conveniens factors set forth in Cortez v. Palace Resorts, 123 So. 3d 1085 (Fla. 2013).

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