Arthrex iBalance Knee Action Survives Dismissal Motion

SCRANTON, Pa. — A Pennsylvania federal judge has allowed a lawsuit targeting Arthrex Inc.’s recalled iBalance knee replacement device to proceed, ruling that the manufacturer’s federal preemption defense raises matters extraneous to the pleadings and is raised prematurely.

In a Feb. 27 order, Judge A. Richard Caputo of the U.S. District Court for the Middle District of Pennsylvania further found the plaintiff has adequately pled claims of intentional and negligent misrepresentation. In addition, the plaintiff has pled facts that, if true, would entitle him to seek punitive damages, the judge held.

Mark DeAntonio underwent a total left knee replacement on …