Update on Wright Conserve Hip Replacement Bellwether Case
September 14th, 2015 by Cutter Law
Today we want to share an update from the bellwether case in the multidistrict litigation related to the Wright Conserve hip replacement currently underway in Georgia (MDL-2329).
The case alleges that the metal-on-metal Conserve hip replacement caused serious injuries (including metallosis) to plaintiff Robyn Christiansen. Her device was implanted in 2006 and failed six years later.
- Allowed: the plaintiff’s claims for negligent misrepresentation and liability
- Allowed: expert evidence from the plaintiff’s treating physician, another expert orthopedic surgeon, a pathologist, a biomedical engineer, a mechanical engineer, and a regulatory expert
- Denied: Wright’s argument that the lawsuit’s design-defect claims were preempted by the Medical Device Amendment to the Food Drug & Cosmetic Act
- Denied: Parent company Wright Medical Group, Inc.’s motion for summary judgment
The order also noted that Wright Medical had used a fast-track FDA approval process, skipped pre-market approval, and thus “denied the FDA the opportunity to scrutinize and evaluate the device.”
At trial, the jury will decide whether Wright’s behavior merits an award of punitive and compensatory damages for the plaintiff.
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