Two updates in orthopedic devicemaker cases both focus on alleged defects with implants and components.
1. A federal district court in Arizona issued a mixed ruling on a motion to dismiss liability claims involving spinal fixation screws. The case stems from complications in an April 2019 spinal tumor surgery involving Alphatec’s Arsenal spinal fixation system. The patient alleged that product failures caused permanent injury and the need for additional surgery. A court dismissed claims of negligence per se were dismissed and found allegations of strict liability design defects sufficient under state law.
2. A lawsuit filed in Delaware Court of Chancery by the Exactech Litigation Trust alleges that private equity firm TPG, among other entities, concealed known defects in implant components. Following its acquisition of Exactech in 2018, private equity firm TPG concealed known defects and delayed corrective action and recalls, the lawsuit claims. The litigation trust alleges that TPG pushed Exactech into bankruptcy in order to limit liability exposure to the firm. A TPG spokesperson told Becker’s “Any allegation that TPG discouraged the disclosure of the nonconformance or the recall of Exactech products is categorically false. TPG has already successfully defended itself in federal court against very similar allegations and intends to vigorously defend itself against these claims.”
