Court: Worried Recipients Can Sue Shiley Over Valves

The California Supreme Court has let stand a lower court ruling that would allow people implanted with certain heart valves made by Shiley Inc. to sue the Irvine company for fraud even if their own heart mechanisms have not malfunctioned.

The justices declined to review a state appellate court’s decision made in early February giving Judy Khan, 39, of Roanoke, Va., permission to seek damages for emotional distress in connection with a Shiley valve she had implanted in 1983.

Khan’s Bjork Shiley Convexo-Concave valve hasn’t malfunctioned, but in a lawsuit filed in Orange County Superior Court Khan said she has experienced tremendous anxiety since a disclosure by the U.S. Food and Drug Administration that 389 people have reported breakages of the valve and 246 people have died because of such a failure.

“We are very pleased with the decision. We felt all along we have a good claim,” said Khan’s attorney, Bruce A. Finzen. “Now we’re eager to get back to the trial court.”

Shiley--through its parent corporation, New York pharmaceutical giant Pfizer Inc.--said in a statement that it intended to vigorously defend itself in Khan’s action.

The company also said just a day before the California Supreme Court decision a federal Court of Appeals in St. Louis dismissed a case similar to Khan’s.

“Of the 19 courts in jurisdictions other than California which have considered the legal sufficiency of suits for claims of emotional distress arising from properly functioning valves, all have decided in Shiley’s favor,” the company said in a statement.

Khan must prove that Shiley acted in a fraudulent and deceitful manner in selling the valves and in failing to notify her of potential defects, an accusation the company has denied.

The law firm defending Khan says it has approximately 200 suits similar to hers pending in California courts.