Boyer

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

REBECCA S BOYER, et al., Case No. 23-cv-00838-AGT

Plaintiffs,

ORDER ON MOTION TO DISMISS

v. Re: Dkt. No.

ABBOTT VASCULAR INC.,

Defendant.

Abbott Vascular has moved to dismiss in part Rebecca Boyer’s first amended complaint. For the reasons that follow, the Court will grant the motion with leave to amend. * * * 1. Choice of Law. Based on what Boyer has alleged, the Court concludes that her claims are governed by Virginia law, not California law. Her claims arise from the tragic death of her husband, Roy Boyer, following heart surgery. During the surgery, the distal portion of a coro- nary dilatation catheter broke and got stuck in Roy’s artery. Attempts to remove the catheter were unsuccessful and Roy passed ten days after the surgery. See Dkt. 42, FAC ¶¶ 2, 9–18. Virginia’s interest in Boyer’s claims is significant. Roy was a resident of Virginia, and the surgery that resulted in his death occurred in Virginia. See FAC ¶¶ 1, 9. “Virginia, like every other state, has a keen interest in regulating conduct by imposing liability for harm occurring within its borders.” Hamilton v. Accu-Tek, 47 F. Supp. 2d…