Hip Plaintiff Cannot Rebut Statute of Limitations Defense With Affidavit, Colo. Federal Judge Rules

DENVER — A Colorado federal judge has dismissed a hip replacement lawsuit against Wright Medical Technology Inc. without prejudice, explaining that the plaintiff failed to properly defend the manufacturer’s Rule 12(b)(6) motion to dismiss.

On July 10, Judge William J. Martinez of the U.S. District Court for the District of Colorado noted that he cannot consider the plaintiff’s affidavit submitted in response to Wright Medical’s assertion that her claims are time-barred.

Colorado resident Judith Butt underwent right hip replacement surgery in May 2008. Wright Medical had manufactured at least some of the components of Butt’s hip replacement system. In September …