Encore Backs Motion to Dismiss Knee Implant Suit, Says Plaintiff’s Reliance on Malfunction Theory Misplaced

HARRISBURG, Pa. –– Encore Medical Inc. has reinforced its bid to dismiss a knee implant personal injury suit, contending that the plaintiffs’ reliance on the “malfunction theory” is a “tacit admission that she has not and cannot identify a defect.”

In their May 30 reply brief filed in the U.S. District Court for the Middle District of Pennsylvania, the defendant argued that the plaintiffs cannot satisfy their pleading burdens by solely identifying the component that allegedly failed.

“[The plaintiffs] must identify the defect, whether it is in the design of, the manufacture of, or the warnings accompanying the device,” Encore …