A Massachusetts judge on Wednesday shot down DePuy Spine‘s attempt to dismiss four lawsuits filed in 2006 by patients who say the firm’s Charite Artificial Disc is defective. The four patients underwent procedures that involved inserting the discs into their spines; they claim the disc failed, causing permanent damage. DePuy’s arguement? That the company should be protected from legal action since FDA approved the device. But superior court judge Susan Garsh said the preemption defense wouldn’t fly, noting that DePuy, a subsidiary of Johnson & Johnson, made some claims in the application process that may have led to an undeserved approval. In her ruling, Judge Garsh said, “There is evidence to support the device does not perform in the manner which DePuy represented to the FDA that it must perform.”