Tenn. Federal Hip Implant Case to Proceed to Discovery on Timeliness Issue

KNOXVILLE, Tenn. — A Tennessee federal judge has allowed a hip implant case to proceed against Exactech Inc., ruling that questions of fact exist as to whether an exception to the applicable statute of repose applies, namely, whether the manufacturer provided the surgeon with a written warranty.

In a July 7 order, Judge Pamela Reeves of the U.S. District Court for the Eastern District of Tennessee explained that at this point in the case, the question of whether the action is timely requires further discovery.

Robert Brown underwent a total arthroplasty of his left hip in September 2001. During …