Judge Orders Briefing on Preemption Before Deciding Stryker’s Motion to Dismiss Triathlon Knee Case

DENVER — A Colorado federal judge has ordered briefing from the parties on the issue of preemption before considering Stryker Corp.’s motion to dismiss a lawsuit alleging injuries caused by its Triathlon Total Knee System.

On Aug. 1, Judge R. Brooke Jackson of the U.S. District Court for the District of Colorado explained that he is uncertain as to why Stryker did not assert preemption in moving to dismiss the lawsuit. The judge abstained from ruling on the motion pending further briefing.

In September 2011, Edward Haffner underwent a total knee arthroplasty in which Dr. Roger Greenberg surgically removed his …