Wright Medical Hip Claim Passes ‘Evil Mind,’ Timeliness Tests for Now, Judge Rules

PHOENIX — A federal judge in Arizona has refused to dismiss breach of warranty claims and a bid for punitive damages included in a lawsuit filed by a recipient of a failed hip implant manufactured by Wright Medical Technology Inc. Weikert v. Wright Medical Technology Inc., No. 11-2415 (D. Ariz.).

Judge David G. Campbell of the U.S. District Court for the District of Arizona ruled Aug. 3 that there exists insufficient evidence at this stage to rule on the timeliness of plaintiff Russell and Shelly Weikert’s complaint against Wright Medical and whether it violated Arizona’s four-year statute of limitations for …