Margulis v. Stryker Corp.
Docket: Civil Action No. 19-20637-Civ-Scola
Court: District Court, S.D. Florida; April 22, 2019; Federal District Court
The Court grants the Plaintiffs' motion to transfer the case to the District of New Jersey, where Defendant Howmedica Osteonics Corp. is incorporated and has its principal place of business. The Plaintiffs initially filed the case in Florida state court, asserting strict liability against Stryker Corporation for harm caused by allegedly defective medical products implanted in Silvina Margulis during a 2008 hip replacement in Argentina. Margulis experienced multiple dislocations from late 2016 through early 2017, leading to two surgeries in 2017 for implant removal and replacement. The Defendants removed the case to the Southern District of Florida based on federal diversity jurisdiction, asserting that both Defendants are not subject to personal jurisdiction in Florida. Although the Plaintiffs opposed this argument, they ultimately sought to transfer the case to New Jersey, which aligns with the Defendants' request for dismissal based on lack of jurisdiction. The Court finds that transferring the case, rather than dismissing it, serves the interests of justice and judicial efficiency, particularly considering the potential statute of limitations issues. The Court emphasizes that the transfer is warranted under 28 U.S.C. § 1406(a), which allows for transfer when the venue is improper, regardless of the personal jurisdiction status of the defendants. The Court orders the transfer of the case to the District of New Jersey, denies all pending motions without prejudice, and instructs the Clerk to close the case following transfer.