State court grants motion to dismiss for forum non conveniens to Firm client C.R. Bard, Inc.
news | August 25, 2008
On July 22, 2008, the Philadelphia County Court of Common Pleas granted C.R. Bard, Inc.’s (“Bard”) Motion to Dismiss Pursuant to Forum Non Conveniens and 42 Pa. C.S.A. § 5322(e) in the case of Murphy v. C.R. Bard, Inc. and Davol, Inc., No. 00766. The plaintiff was a New Jersey resident pursuing a product liability claim in Pennsylvania state court for injuries that were allegedly caused by the use of a medical device in a surgery that was performed by New Jersey doctors in a New Jersey hospital. Bard argued for dismissal under the doctrine of forum non conveniens and Pennsylvania law, arguing that Pennsylvania lacked any meaningful contact with the dispute and that the case should be dismissed and heard in New Jersey where the alleged injury and all of plaintiffs’ treatment occurred. The Court granted Bard’s motion and dismissed plaintiffs’ claims. Hollingsworth LLP is national counsel for C.R. Bard, Inc.