iBalance Knee Case to Proceed on Theories of Negligence, Fraud in Pa.



DOCUMENTS
  • Order


HARRISBURG, Pa. — A Pennsylvania federal judge has allowed an iBalance knee replacement lawsuit to proceed on theories of negligence and fraud, rejecting Arthrex Inc.’s preemption defense as premature.

In a Feb. 27 order, Judge A. Richard Caputo of the U.S. District Court for the Middle District of Pennsylvania further found that the learned intermediary doctrine does not bar the negligence claims, and that the intentional misrepresentation claims were pled with the requisite particularity.

Mary Miller underwent a total left knee replacement on Aug. 6, 2015, during which her surgeon implanted an Arthrex iBalance knee implant. Following the surgery, Miller …

FIRM NAMES
  • McGartland Law Firm
  • Segal McCambridge Singer & Mahoney





UPCOMING CONFERENCES




HarrisMartin's MDL Conference: Navigating Current Mass Tort Litigation

November 30, 2022 - New York, NY
The Knickerbocker

MORE DETAILS



HarrisMartin’s Webinar Series: Acetaminophen ASD/ADHD Product Liability Litigation

October 21, 2022

MORE DETAILS