Fraud Claims Dismissed with Leave to Amend in Mo. Federal Wright Conserve Hip Case

ST. LOUIS — A Missouri federal judge has dismissed fraud-based claims without prejudice in a lawsuit targeting Wright’s Conserve Total Hip System, ruling that they were not pled with the particularity required by Rule 9(b).

However, in the April 29 order, Judge Stephen Clark of the U.S. District Court for the Eastern District of Missouri refused to dismiss the plaintiff’s punitive damages claim, ruling that it is derivative of the claims that Wright has not moved to dismiss.

Willie Seals underwent a left total hip arthroplasty on Jan. 16, 2010, in which his surgeon, Dr. Robert Barrack, implanted the Wright …