STORY FROM: Drugs & Medical Devices

11th Cir. Upholds $2.1 Million Verdict in Bellwether Conserve Hip Implant Action

ATLANTA — A federal appeals court has upheld a $2.1 million Conserve Hip Implant verdict, rejecting Wright Medical Technology Inc.’s argument that it should have been awarded judgment as a matter of law or a new trial, finding the District Court properly instructed the jury on issues of design defect and comment k.

In a March 20 opinion, the 11th Circuit U.S. Court of Appeal “acted in a neutral and non-biased manner in acknowledging and addressing” the jury’s inconsistent answer to whether there was a design defect. The appellate court further held that comment k protection would not be extended ...

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