STORY FROM: Drugs & Medical Devices

Negligent Misrepresentation Claim Dismissed Without Prejudice in Wright Hip Action

PHOENIX — An Arizona federal judge has dismissed without prejudice a negligent misrepresentation claim in an artificial hip action filed against Wright Medical Technology Inc., ruling that it was not pled with the particularity required by Federal Rule of Procedure 9(b).

In a Feb. 13 order, Judge Neil Wake of the U.S. District Court for the District of Arizona held that Rule 9(b)’s heightened pleading requirements apply to the claim because it sounds in fraud.

The judge also dismissed the punitive damages claim with prejudice, noting the plaintiff has conceded that the Food and Drug Administration cleared the Profemur hip ...

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