STORY FROM: Drugs & Medical Devices

Plaintiff Asks Tenn. Federal Judge to Reconsider Dismissal of Exatech Hip Action

KNOXVILLE, Tenn. — A plaintiff has asked a Tennessee federal judge to reconsider her ruling that the claims in an Exactech hip replacement action are time-barred, arguing that his injuries constituted a “latent disease” and therefore the limitations period was tolled.

In an April 5 motion filed before Judge Pamela Reeves of the U.S. District Court for the Eastern District of Tennessee, the plaintiff seeks to supplement the record supporting his argument that the “latent disease” exception to the Texas statute of repose applies.

Robert Brown underwent a total arthroplasty of his left hip in September 2001. During the procedure, ...

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