STORY FROM: Drugs & Medical Devices

Exactech Hip Device Action Time-Barred Under Texas Law, Judge Rules

KNOXVILLE, Tenn. — A Tennessee federal judge has awarded Exactech Inc. summary judgment in a lawsuit targeting its AcuMatch M-Series Femoral Stem hip replacement device, ruling that the claims are time-barred under the Texas statute of repose because the action was filed one year after the period of repose expired.

In a March 27 order, Judge Pamela Reeves of the U.S. District Court for the Eastern District of Tennessee rejected the plaintiff’s arguments that the “express warranty” and “latent disease” exceptions to the statute tolled the limitations period.

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

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