Exactech Knee Recall: What to Check in Michigan

Michigan applies a three-year statute of limitations for personal injury product-liability claims under MCL § 600.5805(2). Michigan has no product liability statute of repose; under MCL § 600.5805(12), for a product in use for at least 10 years the plaintiff must prove a prima facie case without the benefit of any presumption; MCL § 600.5839 applies only to claims against architects, engineers and contractors over improvements to real property.

Michigan's orthopedic surgery volume is anchored by the University of Michigan Health System, Henry Ford Health (Detroit), and Beaumont Health. The U-M musculoskeletal program is a national leader in outcomes research. Michigan's auto-industry workforce demographics contributed to elevated knee replacement rates in the relevant implant cohort.

Michigan plaintiffs file in the E.D. Mich. (Detroit) or W.D. Mich. (Grand Rapids). Conditional transfer orders from both Michigan districts route cases to MDL No. 3044 in the Eastern District of New York. Michigan plaintiffs' counsel should coordinate early with MDL lead counsel regarding plaintiff fact sheet deadlines, which apply uniformly to all MDL docket members regardless of originating district.