Misrepresentation, Punitive Damages Claims to Proceed in VerSys Hip Case

BALTIMORE — A Maryland federal judge has denied Zimmer’s motion to dismiss claims of negligent misrepresentation, fraudulent misrepresentation and concealment, and punitive damages in a VerSys hip replacement system case, ruling the claims were adequately pled.

In an Aug. 22 order, Judge Richard D. Bennett of the U.S. District Court for the District of Maryland said the plaintiffs sufficiently alleged that Zimmer misrepresented to the plaintiffs and the implanting surgeon that the hip system was safe and effective and was not associated with an increased risk of developing corrosion, metal fatigue or stress fractures.

On June 5, 2009, Suzanne Kane …