In an order issued on February 27, Judge A. Richard Caputo of the U.S. District Court for the Middle District of Pennsylvania refused to toss a lawsuit involving complaints against Arthrex Inc.'s iBalance knee implant, ruling that the claims filed were timely because the limitations period did not begin until the plaintiff's second knee implant failed.
The lawsuit involved allegations by a couple that the iBalance knee devices implanted in the woman's knee twice were defective. The Pennsylvania court found that a question of fact existed whether the negligence claims were preempted by federal law. Similar complaints regarding knee implant failure have been filed against other manufacturers like Zimmer Inc., Stryker Corporation, and DePuy Orthopedics. Recently, plaintiffs involved in the Zimmer NexGen knee implant litigation agreed to be part of a global settlement program to resolve most of the lawsuits pending in the state and federal courts.
