STORY FROM: Hip & Knee Implant Litigation
11th Circuit Denies Petition for Rehearing in Conserve Hip Implant Dispute, Won’t Review Order Affirming $2.1 Million Verdict
May 26, 2017
ATLANTA –– The 11th Circuit U.S. Court of Appeals has denied a petition for rehearing filed by Wright Medical Technology Inc., which argued that the appellate court in part erred when it found that Utah law did not apply Comment k as a bar to strict liability for medical devices that have obtained Section 510(k) clearance.
In a one-page May 18 order, the 11th Circuit explained that no judge in regular active service on the court had request that the court be polled on rehearing en banc.
Wright Medical Technology asked the appellate court to rehear the dispute en banc, ...