Product Liability Suit Against French Manufacturer Fails Where Defendant Did Not Sell in U.S. and U.S. Marketing Was Performed by U.S. Intermediary

Parker v. Analytic Biosurgical Solutions, 2013 U.S. Dist. LEXIS 104753 (S.D. W.Va. July 26, 2013)

One of thousands of similar cases, Ms. Parker, the plaintiff, suffered an injury as a result of the use of transvaginal surgical mesh. To recover damages for the injury, Plaintiff sued the manufacturer of the mesh, Analytic Biosurgical Solutions (ABISS), a French company. Defendant moved to dismiss, asserting a lack of personal jurisdiction. Although the Plaintiff argued the Defendant was subject to both general and specific personal jurisdiction, the Court held ABISS’s contacts with the United States were not sufficient for either basis of personal jurisdiction. ABISS did not sell or distribute to the United States, but instead used an intermediary, which purchased the product and then sold within the United States. Furthermore, ABISS did not direct any marketing or advertising to the United States for its product, all efforts were made by the U.S. intermediary. As such, ABISS’s conduct took place exclusively in France with little contact, aside from contracts with intermediaries, in the United States. The Court granted the motion to dismiss.

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