Breach of Warranty, Fraud Claim Dismissed in Wright Medical Hip Action

DELTA, Ark. — An Arkansas federal judge has dismissed breach of warranty claims levied against Wright Medical Technology Inc. in a Profemur hip replacement action, ruling the plaintiff failed to provide the defendant with pre-suit notice of the claims, as required by state law.

In a March 29 order, Judge Kristine Baker of the U.S. District Court for the Eastern District of Arkansas also dismissed the plaintiff’s claim for fraudulent misrepresentation for failure to meet the heightened pleading requirements of Federal Rule of Civil Procedure 9(b).

Hughie Murphy underwent implantation of Wight Medical’s Profemur-Z modular hip system on Jan. 1, …