DJO Medical Moves to Dismiss Putative Class Action Targeting Walking Boot

SAN DIEGO — A walking boot manufacturer has moved to dismiss a putative class action accusing it of fraudulently concealing the device’s risks, arguing that the plaintiff failed to plead his claims with the particularity required by Rule 9(b).

In a motion to dismiss filed in the U.S. District Court for the Southern District of California, DJO Global Inc. further contends that the plaintiff lacks standing to assert his claims because he fails to allege that he relied on any statement from DJO in purchasing or using the walking boot.

Daniel Dreifort says he was prescribed the walking boot after …