Ariz. Federal Judge Dismisses Ankle Replacement Case as Preempted

PHOENIX — An Arizona federal judge has dismissed with prejudice a lawsuit targeting Small Bones Innovations Inc.’s ankle replacement device, ruling the claims are preempted because they seek a different design and manufacturing process than that approved by the Food and Drug Administration.

In an Aug. 2 order, Judge Michael Liburdi of the U.S. District Court for the District of Arizona ruled that the plaintiff failed to cure pleading defects identified by the court in earlier rulings.

Richard Skinner was implanted with SBI’s Scandinavian Total Ankle Replacement (STAR) in October 2013. The STAR device is a Class III medical device, …