John Bower v. Wright Medical Technology Inc.

I. INTRODUCTION

On April 27, 2017, plaintiffs John Bower (“Bower”) and Catherine Prater (“Prater”) filed separate but substantially similar complaints against defendants Wright Medical Technology, Inc. (“Wright”) and MicroPort Orthopedics, Inc. (“MicroPort”). See Case No. 2:17-cv-03178-CAS, Dkt. 1 (“Bower Compl.”); Case No. 2:17-cv-03196, Dkt. 1. (“Prater Compl.”). Both plaintiffs assert seven claims against defendants: (1) strict products liability—manufacturing defect, (2) strict products liability—failure to warn, (3) negligence, (4) negligence—failure to recall/retrofit, (5) fraudulent misrepresentation, (6) fraudulent concealment, and (7) negligent misrepresentation. Id. In brief, plaintiffs allege that they received the same artificial hip devices manufactured by defendants and that the devices subsequently fractured, causing them serious injury. See id. On November 27, 2017, plaintiffs filed motions to consolidate. Dkt. 45. The Court granted plaintiffs’ motions in part and consolidated the cases for pre-trial purposes

1 For sake of clarity and convenience, the following references are to the record in

CIVIL MINUTES – GENERAL ‘O’

2:17-cv-03178-CAS…