U.S. Lawsuits Against Shiley by Foreigners Denied : Litigation: An appellate court in Santa Ana holds that the families of two Scandinavians who died when their heart valves malfunctioned should pursue claims in their own countries.

In a decision that could affect scores of overseas claims filed in Orange County against mechanical heart-valve maker Shiley Inc., an appeals court here said Monday that the families of two Scandinavian men who died when their heart valves malfunctioned cannot pursue their claims in U.S. courts.

Bruce Finzen, an attorney representing the Scandinavian families, said he is concerned that the decision by a three-judge State Court of Appeal panel could set a precedent for about 90 other cases filed in Orange County on behalf of foreign recipients of the Shiley valves.

He said the two families plan to appeal to the California Supreme Court.

The Santa Ana appellate court’s decision, Finzen noted, conflicts with rulings by the 2nd District Court of Appeal in Los Angeles, which has consistently allowed claims filed on behalf of overseas heart-valve recipients to be tried in county courts.

Finzen acknowledged that one option for overseas plaintiffs who have filed claims against Shiley in Orange County would be to refile the claims in Los Angeles County.

In a 39-page decision, the Santa Ana court said the families of the valve recipients should pursue their claims in Sweden and Norway, where they live. The court rejected arguments of the plaintiffs “that Scandinavian law provides a less favorable forum and less appropriate remedies.”

Finzen said the decision “ignores that all the culpable conduct (by the manufacturer) that causes these valves to break occurred in California. It will make it much more difficult for foreign plaintiffs to be able to prove their case of liability against Pfizer and Shiley.”

Shiley voluntarily stopped making the valves in 1986, after defective welds were blamed for deaths around the world. The FDA estimated that as of July 6, 395 Bjork-Shiley valves have fractured, resulting in the deaths of 252 people.

It is estimated that some 55,000 people are implanted with the valves, about 34,000 of whom reside outside the United States.

Bob Fauteux, a Shiley spokesman, said the company would have no comment Monday until its attorneys reviewed the appeals court decision. Shiley is a subsidiary of Pfizer Inc., the New York pharmaceutical company.

Monday’s ruling marked the second time that the Santa Ana appeals court has ruled against the Scandinavian families. In August, 1988, the court overruled an Orange County Superior Court decision allowing the claims to be heard in county courts.

The families contend that Scandinavian law makes it much more difficult for them to collect information from Shiley and to obtain testimony from former Shiley employees. Finzen said his clients are trying to prove that “the defects that caused the valves to break are an inherent part of the manufacturing and/or the design of the valve.”