09/08/2015 // JusticeNewsFlash // (press release)
U.S. – An order has been issued by United States District Judge William S. Duffrey, Jr. in a consolidated multidistrict litigation (MDL) case involving metal-on-metal hip implants manufactured by Wright Medical. News Inferno reported that the 123-page order was issued on August 31, and rejected the company’s argument that design-defect claims by the plaintiffs were deterred by the Medical Device Amendment to the Food Drug & Cosmetic Act.
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The Court also denied a summary judgment motion in connection with the plaintiff’s claims regarding “defective design, fraudulent misrepresentation, concealment and punitive damages” News Inferno reported.
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The plaintiffs in the case allege that the Conserve hip implant’s metal-on-metal design is linked to serious injuries. The implants are stated to pose risks to patients as a result of the possible shedding metal particles into the bloodstream or tissues, resulting in a range of health complications such as metal lead poisoning.
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The order noted that Wright Medical had not undergone the more rigorous process for getting the device approved, submitting only the short-form clearance application to the FDA, stating that going this route “denied the FDA the opportunity to determine if the Conserve implant provided a ‘reasonable assurance of safety and effectiveness,’ and denied the FDA the opportunity to scrutinize and evaluate the device …”
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News Inferno Story Link: http://www.newsinferno.com/judge-issues-order-in-conserve-hip-implant-bellwether-case/
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