Wright Prevails on Warning, Punitive Damages Claims in Ariz. Federal Hip Action

PHOENIX — An Arizona federal judge has awarded Wright Medical Technology Inc. summary judgment on claims for failure to warn and punitive damages in a hip replacement device case, ruling the plaintiff failed to present evidence that the Instructions for Use did not warn her surgeon of the risks.

In a Sept. 6 order, Judge Diane J. Humetewa of the U.S. District Court for the District of Arizona further found the plaintiffs did not show that Wright’s continued marketing of the device would result in “harm was highly probable or inevitable.”

Genie Eiter underwent surgery on June 15, 2006, …