STORY FROM: Drugs & Medical Devices
Arthrex iBalance Knee Lawsuit to Proceed in Pa., Survives Dismissal Motion
March 6, 2019
HARRISBURG, Pa. — A Pennsylvania federal judge has refused to dismiss a lawsuit targeting Arthrex Inc.’s iBalance knee implant, finding the plaintiffs’ claims are timely because the limitations period did not start running until the plaintiff’s second knee implant failed.
In a Feb. 27 order, Judge A. Richard Caputo of the U.S. District Court for the Middle District of Pennsylvania further found a question of fact exists as to whether the negligence claims are preempted by federal law. In addition, the judge held that the plaintiffs adequately pled their claims for misrepresentation and punitive damages.
Lisa Chmil underwent a total ...
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