Pa. Couple’s iBalance Knee Lawsuit Should be Dismissed, Arthrex Argues

HARRISBURG, Pa. — Arthrex Inc. argues that negligence and strict liability claims asserted by a Pennsylvania couple in an iBalance knee implant lawsuit are federally preempted and barred by comment k of Section 420(a) of the Restatement (Second) of Torts.

In an Oct. 4 motion to dismiss filed in the U.S. District Court for the Middle District of Pennsylvania, Arthrex further contends that the punitive damages claim fails because the plaintiffs did not allege that Arthrex “acted intentionally, recklessly, or maliciously, and that such behavior was the cause of the injuries.”

Lisa Chmil underwent a total left knee replacement on …