Where to File in Pennsylvania
Exactech knee, hip, and ankle implant cases are consolidated in MDL 3062 — In re: Exactech Polyethylene Orthopedic Products Liability Litigation — in the Middle District of Florida before the Honorable Marcia G. Cooke (Miami Division). MDL 3062 was established in 2022 following Exactech's global recall of approximately 147,000 defective implants. The recall was triggered by a vacuum packaging breach affecting UHMWPE (ultra-high-molecular-weight polyethylene) bearing inserts in the Optetrak Logic, GPS Knee, and Novation Hip systems; improperly packaged inserts were exposed to oxygen during the manufacturing or storage process, causing oxidative degradation that substantially accelerates wear and increases the risk of catastrophic implant failure requiring revision surgery years ahead of the expected device lifespan. Exactech Inc. has been a subsidiary of private equity firm TPG Capital since 2018.
Pennsylvania applies a two-year statute of limitations for personal injury product-liability actions under 42 Pa. C.S. § 5524. The discovery rule tolls the period until the plaintiff knew or reasonably should have known of both the injury and its causal connection to the recalled Exactech implant.
Pennsylvania hosts major orthopedic research and implant centers, including Penn Medicine, Thomas Jefferson University Hospital (Philadelphia), and UPMC (Pittsburgh). Both cities are significant Exactech implant hubs. Pennsylvania plaintiffs benefit from detailed surgical records typically retained by these academic medical systems.
Pennsylvania plaintiffs file in the E.D. Pa. (Philadelphia) or W.D. Pa. (Pittsburgh), where the JPML then issues a conditional transfer order to MDL 3062 in Miami. Pennsylvania lead counsel remain local counsel of record; pretrial coordination and depositions often occur in Florida.