Where to File in North Carolina
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.
North Carolina applies a three-year statute of limitations for personal injury product-liability claims under N.C. Gen. Stat. § 1-52(16). North Carolina also has a six-year statute of repose for product-liability actions under § 1-46.1, running from the date of first purchase — patients who purchased implants after 2016 are within the repose period.
North Carolina's orthopedic implant volume is centered at Duke University Medical Center (Durham), UNC Health (Chapel Hill), Atrium Health (Charlotte), and Cone Health (Greensboro). Duke Orthopaedics in particular has been a significant joint replacement research center and implanted Exactech devices across its affiliated practice network during the relevant period.
North Carolina plaintiffs file in the E.D.N.C. (Raleigh), M.D.N.C. (Greensboro), or W.D.N.C. (Charlotte). Conditional transfer orders from all three North Carolina districts have directed cases to MDL 3062. The geographic distance to Miami is manageable; North Carolina counsel frequently participate by video for routine MDL status conferences.