Corrigan
Corrigan v. Bjork Shiley Corp.
Opinion
Opinion
Arguelles, J.
Australian James Corrigan and his two sons (appellants) appeal the trial court’s order of a stay of their action for wrongful death brought against California-based Bjork Shiley Corporation (respondent), a manufacturer of a heart valve prosthesis, based upon the doctrine of forum non conveniens. We reverse the stay order.
Factual and Procedural Background
This is an action for wrongful death arising out of the demise of Elsie Joan Corrigan, age 49, on September 20, 1982. Mrs. Corrigan was a citizen and resident of New South Wales, Australia. On September 8, 1982, she had undergone a mitral (heart) valve replacement with the implantation of a Bjork Shiley disc prosthesis with a 70-degree opening angle. The surgery was performed by Australian doctors in an Australian hospital. This particular heart valve prosthesis was imported from its sole manufacturer, Bjork Shiley Corporation (a California corporation with its principal place of business in Irvine, California).
On September 20, several of the components of the valve allegedly fragmented and separated from the valve, entering Mrs. Corrigan’s circulatory system. A resulting blockage allegedly caused cardiac arrest from…