Francisca Gutierrez, et al v. Advanced Medical Optics, Inc.

Plaintiffs appealed the district court's dismissal of their complaint on forum non conveniens grounds where plaintiffs developed eye infections after surgery in Mexico and initially brought suit in the Central District of California. At issue was whether the district court erred in finding that Mexico was an available alternative forum by not placing conditions on the dismissal of the case. The court held that, based on the evidence before it at the time, the district court did not err in its initial forum non conveniens analysis by not imposing return conditions. The court also held that, in light of the subsequent changes in the factual circumstances, a new forum non conveniens analysis was compelled and therefore, the court vacated and remanded the case.