STORY FROM: Drugs & Medical Devices

Warranty, Fraud Claims Dismissed in Ind. Wright Conserve Hip Case

INDIANAPOLIS — An Indiana federal judge has dismissed breach of warranty claims asserted against Wright Medical Technology Inc. in connection with its Conserve hip system, explaining that while they are not subsumed by the state products liability act, they are time-barred.

In a June 21 order, Judge Sarah E. Barker of the U.S. District Court for the Southern District of Indiana also dismissed the plaintiffs’ fraud claims, ruling that they are subsumed by the Indiana Products Liability Act. However, the judge allowed the claims for loss of consortium and punitive damages to proceed.

Coleman Jarrett underwent implantation of Wright’s Conserve ...

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