STORY FROM: Drugs & Medical Devices

Warranty, Misrepresentation Claims Dismissed in Mo. Wright Hip Case

ST. LOUIS — A Missouri federal judge has dismissed claims of breach of express warranty and negligent misrepresentation asserted against Wright Medical Technology Inc. in a Profemur Plus CoCr Modular Neck hip replacement action, ruling that they were not adequately pled.

However, in the June 12 order, Judge Catherine Perry of the U.S. District Court for the Eastern District of Missouri allowed the strict liability — manufacturing defect claim to proceed against WMT, ruling that the plaintiff adequately alleged that the device he received differed from WMT’s intended condition.

The judge also dismissed with prejudice all non-negligence claims filed against ...

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Duane Morris
Greensfelder & Hemker
James Krispin

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