STORY FROM: Drugs & Medical Devices

Plaintiff Opposes Exatech’s Summary Judgment Motion in Hip Implant Case, Says Claims Not Time-Barred

KNOXVILLE, Tenn. — A plaintiff has opposed Exactech Inc.’s motion for summary judgment in a case targeting its AcuMatch hip implant, arguing that an exception to the Texas statute of repose applies because the company’s sales representatives expressly warranted that the device would last 15 to 20 years.

In a Sept. 4 opposition filed before Judge Pamela Reeves of the U.S. District Court for the Eastern District of Tennessee, the plaintiff further argued that Exatech fraudulently concealed information regarding defects in the device he received, thereby tolling the limitations period.

Robert Brown underwent a total arthroplasty of his left hip ...

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