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Filing # 195065767 E-Filed 03/28/2024 05:22:31 PM
IN THE CIRCUIT COURT
OF THE EIGHTH JUDICIAL CIRCUIT
IN AND FOR ALACHUA COUNTY, FLORIDA Case No: 91 2024 CA 001054
Margareta Brown
SHORT FORM COMPLAINT AND DEMAND FOR JURY TRIAL
Plaintiff(s) files this Short Form Complaint and Demand for Jury Trial against the
Defendants named below. Plaintiff(s) incorporates by reference the Consolidated Long Form
Complaint filed in Exactech Master Case, 2022 CA 002670 (“Long Form Complaint”).!
Plaintiff(s) further alleges as follows:
I IDENTIFICATION OF PARTIES
A PLAINTIFF(S)
Injured Plainiiff(s): Name of the individual implanted with and injured by an Exactech
Device.
Margareta Brown
(“Plaintiff”)
At the time of the filing of this Short Form Complaint, Plaintiff resides in the following
state:
Florida
Consortium Plaintiff(s): Name of the individual(s) that alleges damages for loss of
consortium:
N/A
(“Consortium Plaintiff”)
Survival and/or Wrongful Death Claims:
a. Representative Plaintiff: Name of the individual filing this matter and their
representative capacity (i.e. administrator or executor of estate):
N/A
(“Representative Plaintiff’)
! Plaintiff may assert additional causes of action and/or name Defendants not otherwise set forth in the Long Form
Complaint. If additional causes of action are asserted and/or new Defendants named, the specific facts supporting any
such additional cause of action or the naming of such additional Defendants must be pled in a manner complying with
the Florida Rules of Civil Procedure. Additional pages may be attached to this Short Form Complaint, if necessary.
Any amendments to Plaintiff's first-filed Short Form Complaint are subject to all applicable law and Court Rules.
"2022 CA 002638" 168088062 Filed at Alachua County Clerk 03/20/2028 08:46:29 AM EDT
b. Name and state of residence of Decedent Plaintiff when he/or she died as a result
of an Exactech Device related injury:
N/A
niet innit tinier pi
c Decedent Plaintiff died on the following date:
NIA on ae nen se et
B DEFENDANTS
55 Plaintiff(s) names the following Defendants in this action:
Exactech Defendants (Count I, 11, 1, PV. V. Vi, VI, VIL EX, X, XJ. XE. and XI, pertain
to the Exactech Defendants.)
v Exaetech, Inc.
v Exactech U.S., Inc.
Petty Defendants ( Counts [V, V, VI, IX, X, XI, X11, and XII pertain to these Defendants)
William “Bill” Petty
Betty Petty
Miller Defendants ( Counts IV, V, VI, IX, X, X1, X11, and XII pertain to these Defendants)
Gary Miller
Miller Family Holdings, LLC
Miller Family Holdings, Inc.
Hillman Defendant (Counts J, 1, 1V, Xf, XU. and XH, pertain to this Defendant.)
Hillman Supply Company, Inc.
Other Defendant(s) (provide name and state(s) of citizenship for each new Defendant):
se ae otc steno ae
ih. JURISDICTION
6. Plaintiff{s) specifically incorporate by reference Paragraphs 19 through 21 of the Long Form
Complaint
il, PLAINTIFF’S EXACTECH DEVICE
{Complete paragraphs 7-15 for one Exactech Device. If Plaintiff received more than one Exactech
Device, complete paragraphs 7-15 separately for each Device and attach additional pages to this
Short Form Complaint, if necessary.]
7. Plaintiff was implanted with the following Exactech Device:
Exactech Hip Devices Exactech Knee Devices
v Novation GXL Optetrak Classic
AcuMatch GXL Optetrak Logic
MCS GXL Truliant
Unspecified/Other Unspecified/Other
Exactech Ankle Device
Vantage
Unspecified/Other
IMPORTANT NOTE: If you indicated “Unspecified/Other” above, you must state (1) all
actions you took to attempt to identify the model of the device you were implanted with; (2)
why you were unable to locate such information prior to the filing of your Short Form
Complaint; and (3) the reason this lawsuit was filed without first obtaining product
identification (c.g, expiring statute of limitations).
Note: if you indicated “Unspecified/Other” above, you should file an amended complaint
with model information within seventy-five (75) days of the filing of the Short Form
Complaint to avoid the risk of dismissal with prejudice for lack of product identification.
oo ss ee ~
— oo
see ie aire
an oe
9. Leg in which the Exactech Device was Implanted:
¥ Right
Left
10. Date the Exactech Device was implanted:
3/9/2015 os ei
11. State in which the Exactech Device was implanted
3
Florida
cen eyecare nen
12. State in which the Plaintiff resided at the time the Exactech Device was implanted:
Florida _ a tin ninininnii tin tineninntininneiriigent
13. Date(s) the Exactech Device was surgically removed/revised:?
03/19/2024 rt
14. State(s) in which the Exactech Device was surgically removed/revised?>
Florida
So — -
15. State(s) in which the Plaintiff resided at the time the Exactech Device was surgically
removed/revised:4
Florida
crestor iene inne
IV, AUSES OF ACTION
16. Counts in the Long Form Complaint incorporated herein and asserted by Plaintiff(s):
Count I - Strict Product Liability ~ Manufacturing Defect (Exactech & Hillman)
Count If ~ Strict Product Liability ~ Design Defect (Exactech & Hillman)
Count H}- Strict Product Liability — Failure to Warn (Exactech)
Count IV ~ Negligence (All Defendants)
Count V ~ Breach of Post Market Duty to Warn (Exactech, Petty and Miller)
Count VI Negligent Misrepresentation (Exactech, Petty and Miller)
Count Vif ~ Breach of Express Warranty (Exactech)
v Count VIII ~ Breach of Implied Warranty (Exactech)
v Count IX ~ Information Negligently Supplied for the Guidance of Others
(Exactech, Petty and Miller)
“If more than one removal/revision surgery, list the dates of each removal/revision surgery.
‘If more than one removal/revision surgery, list cach state in chronological order in which the Exactech Device was.
surgically removed /revised.
‘If more than one remove revision surgery, fist each state in chronological order where the Plaintiff resided at the
time of the removal revision surgenes.
4
Count X — Consumer Protection Act (Exactech, Petty and Miller)
(Identify applicable State Law(s)):
Count XI — Wrongful Death (All Defendants)
Count XII — Survival Action (All Defendants)
Count XIII — Loss of Consortium (All Defendants)
Other Count(s) (please identify the claim, the applicable Defendant(s), and state the
factual and legal bases for other claims Plaintiff alleges that were not set forth in
the Master Complaint):
WHEREFORE, Plaintiff(s) prays for relief and judgment against named Defendants and
all such further relief that this Court deems equitable and just as set forth in the Long Form
Complaint and any additional relief to which Plaintiff(s) may be entitled.
JURY DEMAND
Plaintiff(s) hereby demands a trial by jury as to all claims in this action.
Date; 03/28/2024 /s/Courtney L. Mohammadi
Courtney L. Mohammadi
FL Bar No. 091414
POPE McGLAMRY, P.C.
3391 Peachtree Road, NE
Suite 300
Atlanta, GA 30326
Ph: 404 -523 -7706
Fax: 404 —524 —-1648
Email: efile@pmkm.com
courtneymohammadi@pmkm.com
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Filing # 195065767 E-Filed 03/28/2024 05:22:31 PM IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT IN AND FOR ALACHUA COUNTY, FLORIDA Case No: 91 2024 CA 001054 Margareta Brown SHORT FORM COMPLAINT AND DEMAND FOR JURY TRIAL Plaintiff(s) files this Short Form Complaint and Demand for Jury Trial against the Defendants named below. Plaintiff(s) incorporates by reference the Consolidated Long Form Complaint filed in Exactech Master Case, 2022 CA 002670 (“Long Form Complaint”).! Plaintiff(s) further alleges as follows: I IDENTIFICATION OF PARTIES A PLAINTIFF(S) Injured Plainiiff(s): Name of the individual implanted with and injured by an Exactech Device. Margareta Brown (“Plaintiff”) At the time of the filing of this Short Form Complaint, Plaintiff resides in the following state: Florida Consortium Plaintiff(s): Name of the individual(s) that alleges damages for loss of consortium: N/A (“Consortium Plaintiff”) Survival and/or Wrongful Death Claims: a. Representative Plaintiff: Name of the individual filing this matter and their representative capacity (i.e. administrator or executor of estate): N/A (“Representative Plaintiff’) ! Plaintiff may assert additional causes of action and/or name Defendants not otherwise set forth in the Long Form Complaint. If additional causes of action are asserted and/or new Defendants named, the specific facts supporting any such additional cause of action or the naming of such additional Defendants must be pled in a manner complying with the Florida Rules of Civil Procedure. Additional pages may be attached to this Short Form Complaint, if necessary. Any amendments to Plaintiff's first-filed Short Form Complaint are subject to all applicable law and Court Rules. "2022 CA 002638" 168088062 Filed at Alachua County Clerk 03/20/2028 08:46:29 AM EDT b. Name and state of residence of Decedent Plaintiff when he/or she died as a result of an Exactech Device related injury: N/A niet innit tinier pi c Decedent Plaintiff died on the following date: NIA on ae nen se et B DEFENDANTS 55 Plaintiff(s) names the following Defendants in this action: Exactech Defendants (Count I, 11, 1, PV. V. Vi, VI, VIL EX, X, XJ. XE. and XI, pertain to the Exactech Defendants.) v Exaetech, Inc. v Exactech U.S., Inc. Petty Defendants ( Counts [V, V, VI, IX, X, XI, X11, and XII pertain to these Defendants) William “Bill” Petty Betty Petty Miller Defendants ( Counts IV, V, VI, IX, X, X1, X11, and XII pertain to these Defendants) Gary Miller Miller Family Holdings, LLC Miller Family Holdings, Inc. Hillman Defendant (Counts J, 1, 1V, Xf, XU. and XH, pertain to this Defendant.) Hillman Supply Company, Inc. Other Defendant(s) (provide name and state(s) of citizenship for each new Defendant): se ae otc steno ae ih. JURISDICTION 6. Plaintiff{s) specifically incorporate by reference Paragraphs 19 through 21 of the Long Form Complaint il, PLAINTIFF’S EXACTECH DEVICE {Complete paragraphs 7-15 for one Exactech Device. If Plaintiff received more than one Exactech Device, complete paragraphs 7-15 separately for each Device and attach additional pages to this Short Form Complaint, if necessary.] 7. Plaintiff was implanted with the following Exactech Device: Exactech Hip Devices Exactech Knee Devices v Novation GXL Optetrak Classic AcuMatch GXL Optetrak Logic MCS GXL Truliant Unspecified/Other Unspecified/Other Exactech Ankle Device Vantage Unspecified/Other IMPORTANT NOTE: If you indicated “Unspecified/Other” above, you must state (1) all actions you took to attempt to identify the model of the device you were implanted with; (2) why you were unable to locate such information prior to the filing of your Short Form Complaint; and (3) the reason this lawsuit was filed without first obtaining product identification (c.g, expiring statute of limitations). Note: if you indicated “Unspecified/Other” above, you should file an amended complaint with model information within seventy-five (75) days of the filing of the Short Form Complaint to avoid the risk of dismissal with prejudice for lack of product identification. oo ss ee ~ — oo see ie aire an oe 9. Leg in which the Exactech Device was Implanted: ¥ Right Left 10. Date the Exactech Device was implanted: 3/9/2015 os ei 11. State in which the Exactech Device was implanted 3 Florida cen eyecare nen 12. State in which the Plaintiff resided at the time the Exactech Device was implanted: Florida _ a tin ninininnii tin tineninntininneiriigent 13. Date(s) the Exactech Device was surgically removed/revised:? 03/19/2024 rt 14. State(s) in which the Exactech Device was surgically removed/revised?> Florida So — - 15. State(s) in which the Plaintiff resided at the time the Exactech Device was surgically removed/revised:4 Florida crestor iene inne IV, AUSES OF ACTION 16. Counts in the Long Form Complaint incorporated herein and asserted by Plaintiff(s): Count I - Strict Product Liability ~ Manufacturing Defect (Exactech & Hillman) Count If ~ Strict Product Liability ~ Design Defect (Exactech & Hillman) Count H}- Strict Product Liability — Failure to Warn (Exactech) Count IV ~ Negligence (All Defendants) Count V ~ Breach of Post Market Duty to Warn (Exactech, Petty and Miller) Count VI Negligent Misrepresentation (Exactech, Petty and Miller) Count Vif ~ Breach of Express Warranty (Exactech) v Count VIII ~ Breach of Implied Warranty (Exactech) v Count IX ~ Information Negligently Supplied for the Guidance of Others (Exactech, Petty and Miller) “If more than one removal/revision surgery, list the dates of each removal/revision surgery. ‘If more than one removal/revision surgery, list cach state in chronological order in which the Exactech Device was. surgically removed /revised. ‘If more than one remove revision surgery, fist each state in chronological order where the Plaintiff resided at the time of the removal revision surgenes. 4 Count X — Consumer Protection Act (Exactech, Petty and Miller) (Identify applicable State Law(s)): Count XI — Wrongful Death (All Defendants) Count XII — Survival Action (All Defendants) Count XIII — Loss of Consortium (All Defendants) Other Count(s) (please identify the claim, the applicable Defendant(s), and state the factual and legal bases for other claims Plaintiff alleges that were not set forth in the Master Complaint): WHEREFORE, Plaintiff(s) prays for relief and judgment against named Defendants and all such further relief that this Court deems equitable and just as set forth in the Long Form Complaint and any additional relief to which Plaintiff(s) may be entitled. JURY DEMAND Plaintiff(s) hereby demands a trial by jury as to all claims in this action. Date; 03/28/2024 /s/Courtney L. Mohammadi Courtney L. Mohammadi FL Bar No. 091414 POPE McGLAMRY, P.C. 3391 Peachtree Road, NE Suite 300 Atlanta, GA 30326 Ph: 404 -523 -7706 Fax: 404 —524 —-1648 Email: efile@pmkm.com courtneymohammadi@pmkm.com