Consumer Protection Act Claim Survives in Colo. Eleos Knee Replacement Action

DENVER — A Colorado federal judge has refused to dismiss a Consumer Protection Act claim against Onkos Surgical Inc. in a case targeting an Eleos Limb Salvage System knee replacement device, finding the plaintiffs adequately alleged an unfair or deceptive trade practice.

In an Oct. 17 order, Judge Charlotte Sweeney of the U.S. District Court for the District of Colorado explained that while the plaintiffs cannot yet pinpoint the exact company representatives making the alleged false representations on a particular date, those issues will be uncovered during discovery.

William Moody underwent left knee revision surgery in 2015, during which he …