Where to File in New York
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.
New York imposes a three-year statute of limitations for personal injury product-liability claims under CPLR § 214. The discovery rule under CPLR § 214-c applies to latent injuries from defective products, tolling the period from the date of discovery of the injury and its cause — critical for Exactech patients whose implant degradation was asymptomatic until sudden failure.
New York has among the highest per-capita orthopedic surgery volumes nationally, anchored by HSS (Hospital for Special Surgery), NYU Langone Orthopedics, and Columbia University Medical Center. HSS and affiliated surgeons implanted Exactech devices extensively during 2004–2022. Revision surgery at these centers is well-documented, strengthening damages records.
New York federal plaintiffs file in the S.D.N.Y. (Manhattan/White Plains), E.D.N.Y. (Brooklyn), N.D.N.Y., or W.D.N.Y. A JPML conditional transfer order then moves the case to MDL 3062. New York counsel typically work with Florida-based MDL lead counsel through a co-counsel arrangement for pretrial proceedings.