State College

State College woman settles suit over knee replacement hardware

A settlement has been reached in the latest lawsuit a State College woman has brought over issues with the replacement of both knees.

Notice of the settlement was filed Thursday in U.S. Middle District Court, but no terms were disclosed.

A settlement agreement had been reached earlier this year that included a monetary payment but the plaintiff did not sign it, court documents state.

The woman has a history of osteoarthritis and in February underwent a double knee replacement.

In October 2001, she required additional surgery on her right knee. She sued Encore Medical Corp. of Austin, Texas, that provided the knee. That suit was settled in 2005.

In April 2011, the woman had surgery on her left knee to replace a broken polyethylene insert. Two years later she filed suit in Centre County Court against Encore over the issue with that knee. The case subsequently was transferred to federal court.

While Encore’s motion to dismiss was pending, the woman learned her left knee was failing again and, according to court documents, in July 2014 had her Encore device replaced with a different make.

The woman did not disclose to her lawyer or Encore she had had the second failure, a court document said.

Last December, Judge Matthew W. Brann dismissed most of the case except for the allegation of a manufacturing defect.

The settlement agreement reached in January contained a clause that released Encore from any future claims, which a document states the plaintiff refused to sign.

She is alleged to have told her attorney she wanted to preserve another claim for the July 2014 failure of her left knee.

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