A Missouri federal court has allowed design defect claims included in a Wright hip lawsuit to proceed after finding the manufacturer’s efforts to dismiss them to be “premature.”

According to an Order filed on April 28th, the U.S. District Court for the Eastern District of Missouri ruled against a request from Wright Medical Group to toss out certain claims that the Conserve Hip Replacement System was defectively designed, and took similar action on claims alleging its fraudulent concealment of side effects associated with the metal implant.  The plaintiff in this case asserts that the metal-on-metal Wright Hip Implant and Conserve Cup caused her to experience serious pain, discomfort and inflammation in her right hip and thigh areas. Her metal-on-metal hip lawsuit also alleges the need for revision surgery to remove and replace the device after it loosened.

In their motion to dismiss the strict liability design defect claims, lawyers for Wright Medical pointed to provisions in “Comment K” to Section 402A of the Restatement (Second) of Torts, which governs unavoidably unsafe medical products. Under this regulation, which typically applies to prescription drugs, a product cannot be considered defective if its manufacturer provides adequate warning about its association with side effects. Wright also said the Conserve implant was created to improve the plaintiff’s hip function, and innovations in medical treatment are encouraged under Comment K.

Wright Hip Lawsuit Should Be Governed Under Texas Law, Court Says

In its Order denying the company’s motion to dismiss the claims, the Missouri federal court said that claims should be governed under Texas substantive law, and that courts in this state have only applied the law to prescription drugs, and not medical devices like the Wright hip.  The Court also determined that design defect allegations put forth by the plaintiff contained factual matter and should be allowed to continue on those grounds, and that Wright Medical did not present evidence that claims were insufficient in areas unrelated to Comment K.

According to court records, this Conserve hip lawsuit is one of at least 78 that have been filed over the metal-on-metal implant in the U.S. Many of these claims have been consolidated in a federal multidistrict litigation (MDL) in the U.S. District Court, Northern District of Georgia.

Filing a Wright Hip Lawsuit

If you received the Wright Conserve hip replacement system and experienced complications afterward, the time is now to learn more about filing a lawsuit. Call our Firm today at (877) 779-1414.

Published May 2, 2014 by