Failure-To-Warn Claim Survives in Wright Medical Hip Action

SOUTH BEND, Ind. — The learned intermediary doctrine does not defeat a failure-to-warn claim in a Wright Medical hip implant action because the plaintiff alleged that the manufacturer failed to provide any warning at all, an Indiana federal judge has ruled. Tague v. Wright Medical Technology Inc., No. 4:12-13 (N.D. Ind.).

Judge Theresa L. Springmann of the U.S. District Court for the Northern District of Indiana explained May 10 that recovery on the factual allegations is possible, even assuming that Wright’s only obligation was to warn the plaintiff’s doctor.

Mertha B. Tague sued Wright Medical in Indiana state court, alleging …