Comment k Bars Strict Liability Claims Against Wright Medical in Hip Implant Case, Pa. Federal Judge Rules

PITTSBURGH — Strict liability claims asserted against Wright Medical Technology Inc. in connection with its hip replacement system are barred by Comment k of the Restatement (Second) of Torts, a Pennsylvania federal judge has ruled, finding "no reason why the same rationale applicable to prescription drugs may not be applied to medical devices.”

In a July 16 order, Judge Cathy Bissoon of the U.S. District Court for the Western District of Pennsylvania added that several federal district courts applying Pennsylvania law have similarly extended the application of Comment k to medical devices.

However, the judge allowed plaintiffs’ negligent misrepresentation claim …