A negligent misrepresentation claim must meet the same heightened pleading standard as a fraud claim, and plaintiffs William and Kay Hofer fell short on detail, the Southern District of California said.
However, it gave the couple an opportunity to refile their complaint to address the pleading deficiencies.
William Hofer had hip surgery in 2008 with the Wright Profemur Z system.
The Food and Drug Administration cleared an earlier device, the Profemur R, in 2000. Some time after that, Wright allegedly began to manufacture ...
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