Preview
Filing # 196000334 E-Filed 04/11/2024 02:04:37 PM
IN THE CIRCUIT COURT
OF THE EIGHTH JUDICIAL CIRCUIT
IN AND FOR ALACHUA COUNTY, FLORIDA
Case No.01.
2024 CA 001230
Michael Alan Chappell v. Exactech, Inc.,
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:
1 IDENTIFICATION OF PARTIES
A PLAINTIFF(S)
Injured Plaintiff(s): Name of the individual implanted with and injured by an Exactech
Device.
MICHAEL ALAN CHAPPELL
(“Plaintiff”)
At the time of the filing of this Short Form Complaint, Plaintiff resides in the following
state:
INDIANA
Consortium Plaintiff(s): Name of the individual(s) that alleges damages for loss of
consortium:
(“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):
(“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.
"2024 CA 001230" 196000334 Filed at Alachua County Clerk 04/11/2024 02:04:44 PM EDT
b. Name and state of residence of Decedent Plaintiff when he/or she died as a result
of an Exactech Device related injury:
c Decedent Plaintiff died on the following date:
B DEFENDANTS
5. Plaintiff(s) names the following Defendants in this action:
Exactech Defendants (Count I, IJ, III, IV, V, VI, VIL, VII, IX, X, XI, XII, and XIII, pertain
to the Exactech Defendants.)
v Exactech, Inc.
v Exactech U.S., Inc.
s)
Petty Defendants ( Counts IV, V, VI, IX, X, XI, XII, and XIII pertain to these Defendant
¥ William “Bill” Petty
v Betty Petty
v David Petty
ts)
Miller Defendants ( Counts IV, V, VL IX, X, XI, XII, and XU pertain to these Defendan
v Gary Miller
v Miller Family Holdings, LLC
v Miller Family Holdings, Inc.
Hillman Defendant (Counts I, II, [V, XI, XI, and XIII, pertain to this Defendant.)
¥ Hillman Supply Company, Inc.
Other Defendant(s) (provide name and state(s) of citizenship for each new Defendant):
i. JURISDICTION
6. Plaintiff(s) specifically incorporate by reference Paragraphs 19 through 2] of the Long Form
Complaint
i. PLAINTIFF'S EXACTECH DEVICE
Exactech
[Complete paragraphs 7-15 for one Exactech Device. If Plaintiff received more than one
for each Device and attach additional pages to this
Device, complete paragraphs 7-15 separately
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
Optetrak Logic
AcuMatch GXL
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)
Form
why you were unable to locate such information prior to the filing of your Short
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
ation.
Complaint to avoid the risk of dismissal with prejudice for lack of product identific
9. Leg in which the Exactech Device was Implanted:
v Right
Left
10. Date the Exactech Device was implanted:
06/18/2018
11. State in which the Exactech Device was implanted
3
INDIANA
12. State in which the Plaintiff resided at the time the Exactech Device was implanted:
INDIANA
13. Date(s) the Exactech Device was surgically removed/revised:?
06/21/2023
14. State(s) in which the Exactech Device was surgically removed/revised:?
INDIANA sone
15, State(s) in which the Plaintiff resided at the time the Exactech Device was surgically
removed/revised:*
INDIANA
Iv. CAUSES OF ACTION
16. Counts in the Long Form Complaint incorporated herein and asserted by Plaintiff(s):
v Count I - Strict Product Liability - Manufacturing Defect (Exactech & Hillman)
v Count II — Strict Product Liability ~ Design Defect (Exactech & Hillman)
Count IH- 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 VII — Breach of Express Warranty (Exactech)
Count VIII — Breach of Implied Warranty (Exactech)
v Count [X — Information Negligently Supplied for the Guidance of Others
(Exactech, Petty and Miller)
2 If more than one removal/revision surgery, list the dates of each removal/revision surgery.
the Exactech Device was
3 If more than one removal/revision surgery, list each state in chronological order in which
surgically removedirevised.
one removal/revision surgery, list each state in chronological orde!
r where the Plaintiff resided at the
4 If more than
time of the removal/revision surgeries.
4
Count X — Consumer Protection Act (Exactech, Petty and Miller)
(Identify applicable State Law(s)):
Indiana - Defendants engaged in unfair or deceptive acts in violation of Ind. Code Ann
Florida - Defendants have engaged in unfair competition or unfair or deceptive acts of practices in vioiation of Florida Stat. Ann. Sec $04.201
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: 04/11/2024 js llyas Sayeg
Ilyas Sayeg, Esq.
Florida Bar #99140
metlaw
1605 Main St. Ste. 710
Sarasota, FL 34236
Telephone: 888.952.5242
Facsimile: 941.952.5042
Primary Email: isayegi@metlaw.com
Secondary Email: smecall(@metlaw.com
Thomas M. Connelly, Esq.
Pro Hac Vice (IL Bar No. 6332570)
Meyers & Flowers, LLC
3.N. Second St., Suite 300
Saint Charles, IL 60174
Phone: 630-232-6333
Fax: 630-845-8982
Primary email: tmc@meyers-flowers.com
Secondary email: sao@meyers-flowers.com
Attorneys for Plaintiff
Preview
Filing # 196000334 E-Filed 04/11/2024 02:04:37 PM IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT IN AND FOR ALACHUA COUNTY, FLORIDA Case No.01. 2024 CA 001230 Michael Alan Chappell v. Exactech, Inc., 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: 1 IDENTIFICATION OF PARTIES A PLAINTIFF(S) Injured Plaintiff(s): Name of the individual implanted with and injured by an Exactech Device. MICHAEL ALAN CHAPPELL (“Plaintiff”) At the time of the filing of this Short Form Complaint, Plaintiff resides in the following state: INDIANA Consortium Plaintiff(s): Name of the individual(s) that alleges damages for loss of consortium: (“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): (“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. "2024 CA 001230" 196000334 Filed at Alachua County Clerk 04/11/2024 02:04:44 PM EDT b. Name and state of residence of Decedent Plaintiff when he/or she died as a result of an Exactech Device related injury: c Decedent Plaintiff died on the following date: B DEFENDANTS 5. Plaintiff(s) names the following Defendants in this action: Exactech Defendants (Count I, IJ, III, IV, V, VI, VIL, VII, IX, X, XI, XII, and XIII, pertain to the Exactech Defendants.) v Exactech, Inc. v Exactech U.S., Inc. s) Petty Defendants ( Counts IV, V, VI, IX, X, XI, XII, and XIII pertain to these Defendant ¥ William “Bill” Petty v Betty Petty v David Petty ts) Miller Defendants ( Counts IV, V, VL IX, X, XI, XII, and XU pertain to these Defendan v Gary Miller v Miller Family Holdings, LLC v Miller Family Holdings, Inc. Hillman Defendant (Counts I, II, [V, XI, XI, and XIII, pertain to this Defendant.) ¥ Hillman Supply Company, Inc. Other Defendant(s) (provide name and state(s) of citizenship for each new Defendant): i. JURISDICTION 6. Plaintiff(s) specifically incorporate by reference Paragraphs 19 through 2] of the Long Form Complaint i. PLAINTIFF'S EXACTECH DEVICE Exactech [Complete paragraphs 7-15 for one Exactech Device. If Plaintiff received more than one for each Device and attach additional pages to this Device, complete paragraphs 7-15 separately 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 Optetrak Logic AcuMatch GXL 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) Form why you were unable to locate such information prior to the filing of your Short 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 ation. Complaint to avoid the risk of dismissal with prejudice for lack of product identific 9. Leg in which the Exactech Device was Implanted: v Right Left 10. Date the Exactech Device was implanted: 06/18/2018 11. State in which the Exactech Device was implanted 3 INDIANA 12. State in which the Plaintiff resided at the time the Exactech Device was implanted: INDIANA 13. Date(s) the Exactech Device was surgically removed/revised:? 06/21/2023 14. State(s) in which the Exactech Device was surgically removed/revised:? INDIANA sone 15, State(s) in which the Plaintiff resided at the time the Exactech Device was surgically removed/revised:* INDIANA Iv. CAUSES OF ACTION 16. Counts in the Long Form Complaint incorporated herein and asserted by Plaintiff(s): v Count I - Strict Product Liability - Manufacturing Defect (Exactech & Hillman) v Count II — Strict Product Liability ~ Design Defect (Exactech & Hillman) Count IH- 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 VII — Breach of Express Warranty (Exactech) Count VIII — Breach of Implied Warranty (Exactech) v Count [X — Information Negligently Supplied for the Guidance of Others (Exactech, Petty and Miller) 2 If more than one removal/revision surgery, list the dates of each removal/revision surgery. the Exactech Device was 3 If more than one removal/revision surgery, list each state in chronological order in which surgically removedirevised. one removal/revision surgery, list each state in chronological orde! r where the Plaintiff resided at the 4 If more than time of the removal/revision surgeries. 4 Count X — Consumer Protection Act (Exactech, Petty and Miller) (Identify applicable State Law(s)): Indiana - Defendants engaged in unfair or deceptive acts in violation of Ind. Code Ann Florida - Defendants have engaged in unfair competition or unfair or deceptive acts of practices in vioiation of Florida Stat. Ann. Sec $04.201 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: 04/11/2024 js llyas Sayeg Ilyas Sayeg, Esq. Florida Bar #99140 metlaw 1605 Main St. Ste. 710 Sarasota, FL 34236 Telephone: 888.952.5242 Facsimile: 941.952.5042 Primary Email: isayegi@metlaw.com Secondary Email: smecall(@metlaw.com Thomas M. Connelly, Esq. Pro Hac Vice (IL Bar No. 6332570) Meyers & Flowers, LLC 3.N. Second St., Suite 300 Saint Charles, IL 60174 Phone: 630-232-6333 Fax: 630-845-8982 Primary email: tmc@meyers-flowers.com Secondary email: sao@meyers-flowers.com Attorneys for Plaintiff