In a motion filed on August 14 in the Eastern District of Tennessee, Exactech Inc. agreed on a summary judgment in a plaintiff's case involving allegations regarding the company's AcuMatch hip implant. The move was taken considering the company's declaration that there was no written warranty that the device had a shelf life of more than 15 years; hence, the case could be barred under Texas law. The manufacturer challenges the evidence and testimony, stating that neither the plaintiff nor the performing surgeon counted on the written warranty details for the hip implant.
Similar allegations are piling up in the federal courts across the U.S. against other hip implant manufacturers including Zimmer, Biomet, and Stryker. Zimmer has settled many of the lawsuits between 2016 and 2017, but as of August 2018, about 131 cases linked to complications due to Zimmer Durom Hip Cup Implant, are still pending in the Multidistrict Litigation ( MDL No. 2158 (In Re: Zimmer Durom Hip Cup Products Liability Litigation), which is overlooked by Judge Susan D. Wigenton in the U.S. District for New Jersey.
