WARREN W. EGINTON, Senior District Judge.
Plaintiff Beverly Kay Graham Orr brings this wrongful death action on behalf of herself and the estate of her husband, Robin Orr, against the defendants, Bristol-Myers Squibb Company and Pfizer, Inc. Defendants have moved to transfer the action to the Northern District of Texas pursuant to 28 U.S.C. § 1404(a). For the following reasons, the motion to transfer will be granted.
The following factual background is culled from the pleadings and the briefs relevant to the motion to transfer.
Plaintiff and the decedent resided in Texas. Defendants Bristol-Meyers Squibb and Pfizer are each incorporated under the laws of Delaware and have their principal of business in New York.
The decedent Orr died in Texas on September 1, 2013, after hemorrhaging following coronary artery bypass surgery. Plaintiff alleges that his death was the result of taking Eliquis, a blood thinner that is jointly developed and marketed by defendants to prevent strokes in patients with atrial fibrillation; and that defendants failed to warn physicians that Eliquis could cause bleeding.
Defendants argue that transfer to the Northern District of Texas is appropriate pursuant to Section 1404(a), which authorizes transfer to another district where venue is also proper. The purpose of Section 1404(a) is to have federal civil suits tried in the district most suitable in terms of convenience, efficiency and justice.
Generally, the Court gives deference to a strong presumption in favor of a plaintiff's choice of forum, which presumption may be overcome only by clear and convincing evidence that private and public interest factors favor trial in the alternative forum.
The Court must balance the following relevant factors, including (1) locus of operative facts; (2) access to evidence; (3) convenience of witnesses; (4) availability of compulsory process to compel witness testimony; (5) convenience of the parties; (6) familiarity of the forum with governing law; (7) trial efficiency; (8) the relative financial means of the parties; and a catchall factor (9), interests of justice. The Court considers these factors in the relative order of importance.
To determine the locus of operative facts, courts look to where the conduct giving rise to the claim occurred.
Due to the fact that the alleged wrongful death caused by the defective Eliquis occurred in Texas, a large portion of documents concerning decedent's medical treatment will be found in Texas. Discovery will facilitate plaintiff's access to documents related to defendants' production of Eliquis and the alleged concealment of its design defect. Accordingly, this factor weighs slightly, if at all, in favor of transfer.
Transfer should not shift the inconvenience of travel from one party to another.
The District of Connecticut would not be able to compel a nonparty witness in Texas to attend trial pursuant to Federal Rule of Civil Procedure 45(c)(1)(a). Thus, this factor weighs in favor of transfer.
This Court is well experienced in applying the law of other states. Accordingly, this factor does not weigh in favor of transfer.
This Court is not so overburdened with such a congested docket that this case would be unduly delayed. Accordingly, the interests of efficiency and justice weigh do not weigh in favor of transfer.
Upon review, the Court finds that the balance of the factors, particularly the convenience of nonparty witnesses, favors transfer to the Northern District of Texas. Accordingly, the Court will grant the motion to transfer.
For the foregoing reasons, the motion to transfer [doc. #26] is GRANTED. The clerk is instructed to transfer this case to the Northern District of Texas.