Wright Denied Summary Judgment on Design Defect, Misrepresentation Claims in Conserve Hip System Action

ATLANTA — A Georgia federal judge has denied Wright Medical Technology Inc. and Wright Medical Group’s motion for summary judgment in a Conserve hip system action, finding the design defect claims are not preempted because the system did not undergo premarket approval.

In an Aug. 31 opinion, Judge William S. Duffey Jr. of the U.S. District Court for the Northern District of Georgia also allowed the plaintiff’s fraudulent and negligent misrepresentation claims to proceed, finding a question of fact exists as to the veracity of the Wright representative’s statements made to the implanting surgeon.

However, the judge found the …