STORY FROM: Drugs & Medical Devices
Fraudulent Concealment Claim to Proceed in Utah Wright Profemur Hip Action
April 2, 2019
SALT LAKE CITY — A Utah federal judge has allowed the plaintiff in a Wright Profemur hip system action to proceed with her claim that the manufacturer fraudulently concealed the dangers of the metal-on-metal device, ruling that the claim was adequately pled.
In a March 28 order, Judge Jill N. Parrish of the U.S. District Court for the District of Utah dismissed the claims of manufacturing defect, failure to recall, breach of express warranty, and fraudulent and negligent misrepresentation, ruling that they were inadequately pled. However, the judge granted the plaintiff leave to amend those claims.
Judge Parrish also refused ...
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