Pa. Federal Judge Allows Manufacturing Defect Claim to Proceed in Encore Knee Replacement Action

SCRANTON, Pa. — A Pennsylvania federal judge has allowed a manufacturing defect claim to proceed against the makers of an Encore artificial knee replacement, finding the plaintiff has adequately pled that the device’s tibial post was defective because it spontaneously failed, requiring revision surgery.

On Dec. 10, Judge Matthew W. Brann of the U.S. District Court for the Middle District of Pennsylvania also dismissed without prejudice the plaintiff’s claims of negligent failure to warn and negligent design, with leave to amend.

Helen Houtz underwent a bilateral knee replacement surgery on Feb. 7, 2000, during which her surgeon implanted an Encore …