Exactech Knee Recall: What to Check in Ohio

Ohio imposes a two-year statute of limitations for product-liability bodily-injury claims under ORC § 2305.10. Ohio law also contains a ten-year statute of repose for product liability claims, running from the date the product was delivered to its first purchaser (ORC § 2305.10(C)(1)), with exceptions, including for fraud and for certain injuries from ethical medical devices (ORC § 2305.10(C)(2), (C)(7)).

Ohio has a robust orthopedic surgery infrastructure through the Cleveland Clinic, Ohio State University Wexner Medical Center, and University Hospitals Cleveland. The Cleveland Clinic in particular is a recognized leader in revision total knee arthroplasty, and its surgical records and outcome data are frequently used in MDL bellwether case selection.

Ohio plaintiffs file in the N.D. Ohio (Cleveland/Toledo/Akron) or S.D. Ohio (Columbus/Cincinnati/Dayton). Conditional transfer orders from both districts have flowed into MDL No. 3044 in the Eastern District of New York. Ohio plaintiffs' counsel should file a short-form complaint shortly after entry of the master complaint to streamline the transfer process.