STORY FROM: Drugs & Medical Devices
Utah Federal Judge Dismisses Manufacturing Defect, Fraud Claims in Wright Hip System Case
November 19, 2018
SALT LAKE CITY — A Utah federal judge has dismissed manufacturing defect and breach of express warranty claims asserted against Wright Medical Group Inc. in connection with its hip replacement system, ruling that they are insufficiently pled.
In a Nov. 5 order, Judge Ted Stewart of the U.S. District Court for the District of Utah also dismissed the fraud claims, finding the plaintiff failed to adequately specify who made the alleged misrepresentations or omissions and when or where they occurred. However, the judge allowed the claims for punitive damages and prejudgment interest to proceed.
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