STORY FROM: Drugs & Medical Devices

Exatech Says Tenn. Federal Judge Properly Dismissed Hip Action on Timeliness Grounds

KNOXVILLE, Tenn. — Exactech Inc. maintains that a lawsuit targeting its AcuMatch hip implant is time-barred because there is no evidence that the plaintiff suffered from a “latent disease” that would toll the limitations period.

In an April 12 brief filed before Judge Pamela Reeves of the U.S. District Court for the Eastern District of Tennessee, the manufacturer opposed the plaintiff’s motion for reconsideration of a ruling that the “latent disease” exception does not apply to his claims.

Robert Brown underwent a total arthroplasty of his left hip in September 2001. During the procedure, which took place in Tennessee, Dr. ...

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