Manufacturing Defect Claim Dismissed in Wright Hip Case; Plaintiff May Amend Negligence, Fraud Claims
August 15, 2019
SAN DIEGO — A California federal judge has dismissed a strict liability manufacturing defect claim in a Wright Medical Profemur hip action, explaining that the plaintiff failed to allege how the manufacture of his device deviated from its suitable design.
However, in an Aug. 13 order, Judge Anthony J. Battaglia of the U.S. District Court for the Southern District of California allowed the plaintiff to amend his claims of negligent failure to recall/retrofit and fraud to cure identified defects and refused to dismiss his punitive damages claim.
Sivilli sued Wright Medical Technology Inc. (WMT), Wright Medical Group Inc. (WMG), Wright …
- Kiesel Law
- Shook Hardy & Bacon