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Judge allows Punitive Damages in Wright Hip Lawsuit

A federal judge presiding over a Wright Profemur hip lawsuit ruled on July 23 to dismiss a petition filed by Wright Medical Technology, Inc. to dismiss claims of fraud and punitive damages. According to court documents, Judge Christina A. Snyder, of the U.S. District Court for the Central District of California, stated that allegations made by Kooros Shimy that Wright withheld information regarding neck fractures in the Profemur hip implant were sufficient basis for fraud charges. Judge Snyder also ruled that Shimy would be able to seek punitive damages based on this alleged fraud.

Court documents show that Shimy filed the personal injury lawsuit after his Wright Profemur hip implant allegedly failed only 5 years after implantation.

While the average hip implant should last at least 15 years, a study conducted by the Australian National Joint Replacement Registry in 2009 showed that up to 11.2 percent of patients who received Wright Profemur hips experienced implant failure within 3 years of implantation.

At this time, Wright Medical Technology is facing multiple lawsuits regarding the Profemur hip as well as the Conserve hip replacement. In these personal injury lawsuits, plaintiffs claim that the metal-on-metal construction of these devices led to pain, immobility, infection, metallosis and even premature hip implant failure.

In Wright hip lawsuits, plaintiffs may be eligible to recover substantial compensation for damages such as medical expenses, pain and suffering, lost wages and disability.

If you or your loved one has suffered due to a metal-on-metal hip such as the Wright Profemur or Wright Conserve, you may qualify for a lawsuit. To learn more about your rights, contact the Connecticut-based product liability lawyers of Berkowitz and Hanna LLC.