Okla. Federal Judge Dismisses Claims Against Orthopedic Device Maker, Allows Plaintiffs to Amend

OKLAHOMA CITY — An Oklahoma federal judge has dismissed without prejudice a lawsuit filed against the maker of an expandable vertebral body replacement implant system, ruling that the battery claim is time-barred, and the fraud claim was not pled with the requisite particularity.

In a Nov. 13 order, Judge Timothy DeGiusti of the U.S. District Court for the Western District of Oklahoma further held that the negligence per se claim against Ulrich Medical USA Inc. fails because the plaintiffs did not allege violation of a particular statute or regulation.

However, the judge granted plaintiffs leave to file an amended complaint, …