STORY FROM: Drugs & Medical Devices

Negligent Misrepresentation Claim Dismissed in Calif. Wright Profemur Hip Case

SAN DIEGO — A California federal judge has dismissed a negligent misrepresentation claim asserted against Wright Medical Technology Inc. regarding its Profemur Z hip replacement system, finding the allegations were not pled with the specificity required by Rule 9(b).

In an Aug. 20 order, Judge Anthony Battaglia of the U.S. District Court for the Southern District of California said the plaintiffs failed to specify who made any of the alleged misrepresentations, where and when they were made, and how they were made.

William Hofer underwent hip arthroplasty in 2008, during which he was implanted with the Profemur Z hip system. ...

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Dixon Diab & Chambers
Pope McGlamry
Shook Hardy & Bacon

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