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Filing # 195684311 E-Filed 04/08/2024 12:23:14 PM
IN THE CIRCUIT COURT OF THE 8TH
JUDICIAL CIRCUIT IN AND FOR
ALACHUA COUNTY, FLORIDA
CASE NO.: 01 2024 CA 001166
CHRISTOPHER CONWAY,
Plaintiff,
vs.
EXACTECH, INC.; EXACTECH, US, INC.;
WILLIAM “BILL” PETTY; BETTY PETTY. :>
DAVID PETTY; GARY MILLER; MILLER
FAMILY HOLDINGS, LLC; MILLER
FAMILY HOLDINGS, INC; and HILLMAN
SUPPLY COMPANY, INC.
Defendants.
/
SHORT FORM COMPLAINT AND DEMAND FOR JURY TRIAL
Plaintiff 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)
1 Injured Plaintiff(s): Name of the individual implanted with and injured by an Exactech
Device.
Christopher Conway
(“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.
"2024 CA 001166" 195684311 Filed at Alachua County Clerk 04/08/2024 12:23:27 PM EDT
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”)
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
Decedent Plaintiff died on the following date:
N/A
B. DEFENDANTS
5. Plaintiff(s) names the following Defendants in this action:
Exactech Defendants (Count I, II, III, IV, V, VI, VII, VIII, [X, X, XI, XII, and XIII, pertain
to the Exactech Defendants.)
BZx x]
Exactech, Inc.
& Exactech U.S., Inc.
Petty Defendants ( Counts IV, V, VI, IX, X, XI, XII, and XIII pertain to these Defendants)
BZx x]
William “Bill” Petty
& Betty Petty
BZx x]
David Petty
Miller Defendants ( Counts IV, V, VI, IX, X, XI, XII, and XIII pertain to these Defendants)
& Gary Miller
& Miller Family Holdings, LLC
x Miller Family Holdings, Inc.
Hillman Defendant (Counts I, II, 1V, XI, XII, and XIII, pertain to this Defendant.)
x Hillman Supply Company, Inc.
Other Defendant(s) (provide name and state(s) of citizenship for each new Defendant):
Il. JURISDICTION
6. Plaintiff(s) specifically incorporate by reference Paragraphs 19 through 21 of the Long Form
Complaint
Til. 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 Device: Exactech Knee Devices
y Novation GXL a Optetrak Classic
Oo AcuMatch GXL o Optetrak Logic
Oo MCS GXL a Truliant
Oo Unspecified/Other o Unspecified/Other
Exactech Ankle Device
o Vantage
o 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 (e.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.
Leg in which the Exactech Device was Implanted:
& Right
Oo Left
10. Date the Exactech Device was implanted:
July 22, 2014
11 State in which the Exactech Device was implanted:
Florida
12 State in which the Plaintiff resided at the time the Exactech Device was implanted
Florida
13 Date(s) the Exactech Device was surgically removed/revised:?
October 18, 2022
14. State(s) in which the Exactech Device was surgically removed/revised:>
Florida
15 State(s) in which the Plaintiff resided at the time the Exactech Device was surgically
removed/revised:*
Florida
IV. CAUSES OF ACTION
16. Counts in the Long Form Complaint incorporated herein and asserted by Plaintiff(s):
x Count I - Strict Product Liability - Manufacturing Defect (Exactech & Hillman)
Count II — Strict Product Liability - Design Defect (Exactech & Hillman)
Count III- Strict Product Liability — Failure to Warn (Exactech)
? If more than one removal/revision surgery, list the dates of each removal/revision surgery.
3 If more than one removal/revision surgery, list each state in chronological order in which the Exactech Device was
surgically removed/revised.
* Tf more than one removal/revision surgery, list each state in chronological order where the Plaintiff resided at the
time of the removal/revision surgeries.
4
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 VII — Breach of Express Warranty (Exactech)
Count VIII — Breach of Implied Warranty (Exactech)
Count IX — Information Negligently Supplied for the Guidance of Others
(Exactech, Petty and Miller)
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
5
Plaintiff(s) hereby demands a trial by jury as to all claims in this action.
Date: April 8, 2024 By: /s/C. Calvin Warriner, III
C. Calvin Warriner, III, Esquire
Florida Bar ID No. 374131
SEARCY DENNEY, et al
2139 Palm Beach Lakes Blvd.
West Palm Beach, FL 33409
Telephone: (561) 686-6300
Facsimile: (561) 383-9442
E-mail: CCW@searcylaw.com
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Filing # 195684311 E-Filed 04/08/2024 12:23:14 PM IN THE CIRCUIT COURT OF THE 8TH JUDICIAL CIRCUIT IN AND FOR ALACHUA COUNTY, FLORIDA CASE NO.: 01 2024 CA 001166 CHRISTOPHER CONWAY, Plaintiff, vs. EXACTECH, INC.; EXACTECH, US, INC.; WILLIAM “BILL” PETTY; BETTY PETTY. :> DAVID PETTY; GARY MILLER; MILLER FAMILY HOLDINGS, LLC; MILLER FAMILY HOLDINGS, INC; and HILLMAN SUPPLY COMPANY, INC. Defendants. / SHORT FORM COMPLAINT AND DEMAND FOR JURY TRIAL Plaintiff 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) 1 Injured Plaintiff(s): Name of the individual implanted with and injured by an Exactech Device. Christopher Conway (“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. "2024 CA 001166" 195684311 Filed at Alachua County Clerk 04/08/2024 12:23:27 PM EDT 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”) 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 Decedent Plaintiff died on the following date: N/A B. DEFENDANTS 5. Plaintiff(s) names the following Defendants in this action: Exactech Defendants (Count I, II, III, IV, V, VI, VII, VIII, [X, X, XI, XII, and XIII, pertain to the Exactech Defendants.) BZx x] Exactech, Inc. & Exactech U.S., Inc. Petty Defendants ( Counts IV, V, VI, IX, X, XI, XII, and XIII pertain to these Defendants) BZx x] William “Bill” Petty & Betty Petty BZx x] David Petty Miller Defendants ( Counts IV, V, VI, IX, X, XI, XII, and XIII pertain to these Defendants) & Gary Miller & Miller Family Holdings, LLC x Miller Family Holdings, Inc. Hillman Defendant (Counts I, II, 1V, XI, XII, and XIII, pertain to this Defendant.) x Hillman Supply Company, Inc. Other Defendant(s) (provide name and state(s) of citizenship for each new Defendant): Il. JURISDICTION 6. Plaintiff(s) specifically incorporate by reference Paragraphs 19 through 21 of the Long Form Complaint Til. 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 Device: Exactech Knee Devices y Novation GXL a Optetrak Classic Oo AcuMatch GXL o Optetrak Logic Oo MCS GXL a Truliant Oo Unspecified/Other o Unspecified/Other Exactech Ankle Device o Vantage o 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 (e.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. Leg in which the Exactech Device was Implanted: & Right Oo Left 10. Date the Exactech Device was implanted: July 22, 2014 11 State in which the Exactech Device was implanted: Florida 12 State in which the Plaintiff resided at the time the Exactech Device was implanted Florida 13 Date(s) the Exactech Device was surgically removed/revised:? October 18, 2022 14. State(s) in which the Exactech Device was surgically removed/revised:> Florida 15 State(s) in which the Plaintiff resided at the time the Exactech Device was surgically removed/revised:* Florida IV. CAUSES OF ACTION 16. Counts in the Long Form Complaint incorporated herein and asserted by Plaintiff(s): x Count I - Strict Product Liability - Manufacturing Defect (Exactech & Hillman) Count II — Strict Product Liability - Design Defect (Exactech & Hillman) Count III- Strict Product Liability — Failure to Warn (Exactech) ? If more than one removal/revision surgery, list the dates of each removal/revision surgery. 3 If more than one removal/revision surgery, list each state in chronological order in which the Exactech Device was surgically removed/revised. * Tf more than one removal/revision surgery, list each state in chronological order where the Plaintiff resided at the time of the removal/revision surgeries. 4 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 VII — Breach of Express Warranty (Exactech) Count VIII — Breach of Implied Warranty (Exactech) Count IX — Information Negligently Supplied for the Guidance of Others (Exactech, Petty and Miller) 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 5 Plaintiff(s) hereby demands a trial by jury as to all claims in this action. Date: April 8, 2024 By: /s/C. Calvin Warriner, III C. Calvin Warriner, III, Esquire Florida Bar ID No. 374131 SEARCY DENNEY, et al 2139 Palm Beach Lakes Blvd. West Palm Beach, FL 33409 Telephone: (561) 686-6300 Facsimile: (561) 383-9442 E-mail: CCW@searcylaw.com