STORY FROM: Drugs & Medical Devices

Claims Trimmed in Iowa Federal Wright Medical Conserve Hip Action

CEDAR RAPIDS, Iowa — An Iowa federal judge has dismissed a negligent misrepresentation claim in a hip replacement action, ruling that the claim is not viable because the plaintiff failed to allege that Wright Medical Technology Inc. makes money by providing information, advice or counsel.

In a Jan. 31 order, Judge Leonard T. Strand of the U.S. District Court for the Northern District of Iowa also dismissed the breach of express warranty as time-barred, noting that the limitations period began when the hip system was implanted.

However, the judge refused to dismiss the plaintiff’s punitive damages claim, ruling that ...

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Baron & Budd
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Lederer Weston Craig
Prichard Law Office

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