![]() ![]() They seek damages for complications that arose when a surgical stapler manufactured by American corporation Ethicon Endo-Surgery allegedly malfunctioned during a surgery that Brandon Hefferan underwent in Germany. Brandon and Sabine Hefferan, an American husband and German wife, have lived together in Germany since 2002. Berg, United States District Judge for the Eastern District of Michigan, sitting by designation. Cetrulo, CETRULO MOWERY & HICKS, PSC, Edgewood, Kentucky, for Appellees. Abernethy, DRINKER, BIDDLE & REATH LLP, Philadelphia, Pennsylvania, Susanne M. Deutsch, MORELLI RATNER LAW FIRM PLLC, New York, New York, for Appellants. Abernethy, DRINKER, BIDDLE & REATH LLP, Philadelphia, Pennsylvania, for Appellees. _ COUNSEL ARGUED: Sara Ann Strickland, MORELLI RATNER LAW FIRM PLLC, New York, New York, for Appellants. Argued: MaDecided and Filed: JBefore: BOGGS, and ROGERS, Circuit Judges and BERG, District Judge. ![]() 15-3619 Appeal from the United States District Court for the Southern District of Ohio at Cincinnati. 32.1(b) File Name: 16a0158p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT _ BRANDON HEFFERAN SABINE HEFFERAN, Plaintiffs-Appellants, v. RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. The court here correctly concluded that Ethicon met its burden of showing that if the case remained in Ohio, the vexation it would endure and trouble to the court would be disproportionate to the plaintiffs’ minimal convenience. Public-interest factors include administrative difficulties from court congestion the local interest in the controversy’ the interest in having the trial in a forum that is at home with the law that governs the action and the unfairness of burdening citizens in an unrelated forum with jury duty. Private-interest factors include the relative ease of access to sources of proof availability of compulsory process and the cost of obtaining witnesses possibility of view of premises, id appropriate and all other practical problems. Where a district court has considered all relevant public- and private-interest factors, and has reasonably balanced those factors, its decision deserves substantial deference. An Ohio district court dismissed on the ground of forum non conveniens in favor of litigating in Germany. They sought damages for complications that arose when a surgical stapler manufactured in Mexico by an American corporation, Ethicon, allegedly malfunctioned during a 2012 surgery that husband underwent in Germany. The American husband and German wife have lived together in Germany since 2002. ![]()
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