PROCEDURE-JURISDICTION-MEDICAL DEVICES

April 17th, 2019 by Rieders Travis in Procedure

Freeman Maurice Vaughan v. Olympus Am. 2019 Pa. Super. LEXIS 334 (April 10, 2019) McLaughlin, J.-Lower court reversed in dismissing the case for change of venue. One of the defendants, Olympus America sought dismissal based on forum non conveniens. The lower court abused its discretion in moving the case to North Carolina. Further, Olympus had sufficient contacts in Pennsylvania. This case involved a device where Olympus allegedly had a duty to ensure and an effective and validated reprocessing protocol is disseminated to medical facilities and professionals. Despite of its redesign of the scope, Olympus took no action to update the reprocessing protocol and thus failed to provide end users of the redesigned scope an effective and validated protocol. If Olympus wanted or needed to disseminate information about changes to the reprocessing protocol, it would do so through a related company, Olympus Corporation of America. The court found sufficient contacts and also found that there was no reason to disturb venue.