Pa. Federal Court Throws out Encore Knee Implant Suit; Says Claims Barred by Statute of Limitations
December 15, 2014
SCRANTON, Pa. –– A Pennsylvania federal court has dismissed an Encore knee implant as time-barred based on a finding that, more than two years prior to the filing of the suit, the plaintiff was made aware that a tibial insert in the device had failed.
In the Dec. 10 order, the U.S. District Court for the Middle District of Pennsylvania cited admittance records in support of its decision that the discovery rule did not toll the statute of limitations to the point where it was within the two-year period.
“This Court can think of no situation in which, absent explicit …