Design Defect Claim Proceeds Against Wright Medical in Federal Conserve Hip System Action

INDIANAPOLIS — An Indiana federal judge has denied Wright Medical Technology Inc.’s motion for summary judgment on a design defect claim in a Conserve hip system lawsuit, finding there was expert testimony that the cobalt chromium components generated excessive toxic wear and that the use of a large metal ball and cup component exacerbated the wear issues.

However, in a Sept. 22order, Judge Sarah E. Barker of the U.S. District Court for the Southern District of Indiana awarded Wright summary judgment on the failure-to-warn, fraud and punitive damages claims. The judge pointed to the implanting surgeon’s testimony that stronger warnings …