NEW YORK (Legal Newsline) - A Florida couple are suing a Florida company - in New York - over a knee replacement.
Theresa and Joseph Pagnotta sued Exactech in New York County Supreme Court on April 1, claiming the polyethylene liner in the company's Optetrak device prematurely degraded, requiring Theresa to undergo revision surgeries.
Exactech issued a recall on Feb. 7, warning the inserts were packaged in out-of-spec vacuum bags that contained a barrier layer containing ethylene vinyl alcohol.
The Pagnottas' lawyers at Weitz & Luxenberg invoke New York jurisdiction because Exactech does business in the state, plus Theresa's knee replacement took place in January 2013 at the Hospital for Special Surgery in New York.
"Following the revision surgery, Plaintiff continues to be limited in her activities of daily living," the suit says. "Plaintiff has difficulty with daily activities such as getting dressed, climbing stairs and bathing."