Out-of-State Patients Can Sue Shiley on Heart Valves

Hundreds of out-of-state recipients of potentially defective heart valves have the right to sue the manufacturer in California, an Orange County Superior Court judge ruled Friday.

The decision is a victory for patients who want to sue Shiley Inc. of Irvine in California, rather than in their home states.

In previous opinions on the Shiley case, state Supreme Court justices have noted that plaintiffs from elsewhere often seek trial in California because pro-plaintiff laws and generous juries have generally increased the likelihood of large, emotional-distress awards.

About 51,000 people worldwide are believed to have received the Convexo/Concave valves. About 300 of them have died when the struts holding the valves together came apart. Those seeking to sue Shiley cite the anxiety caused by living in fear that their valves will fracture.

In a 17-page ruling, Orange County Superior Court Judge William Rylaarsdam wrote that, even though suing in their home states might be more convenient for plaintiffs, “a California forum is far preferable over this litigation being spread from sea to shining sea.” He went on to say that the “overall burden” on all U.S. courts “would be substantially less if the cases are litigated here.”

Foreign recipients of the valves, however, have no grounds to bring their suits in California because they do not hold the same constitutional rights as U.S. plaintiffs, Rylaarsdam wrote.

“Obviously, we are very pleased with the decision,” said James Capretz, an Irvine lawyer who represents about 300 recipients, the bulk of whom live out of state. “We think it was somewhat courageous on the part of the court.”

A Shiley spokesman said that the company had not heard of the decision and could not comment.

The ruling was the second in which Rylaarsdam backed the hearing of non-California cases here.

Earlier this year, a state Court of Appeal and the state Supreme Court had directed him to reconsider his decision after Shiley and its parent company, Pfizer Inc. in New York, argued that the out-of-state plaintiffs were “forum shopping”--looking for the jurisdiction likely to be most favorable to them.

Shiley officials also argued that allowing out-of-state residents to sue here would have overburdened the courts.

Rylaarsdam, however, noted that because Shiley has its headquarters in California, millions of documents relating to the cases are here, making the gathering of depositions and other information much easier.

Overall, 770 plaintiffs--including recipients and their spouses--have filed suits in Orange County Superior Court. Of those, 115 are from California. Another 496 plaintiffs are from other states, and the remaining 159 are from foreign countries. The figures include the 333 plaintiffs who settled their cases earlier this week with Pfizer and are expected to drop their claims against the company.

All of the plaintiffs opted not to join a $215-million class-action settlement approved last summer by a federal court in Cincinnati.