Where plaintiff filed a products liability claim based on a hip replacement device she had received, but her hip replacement occurred more than ten years before her suit was filed, dismissal based on the statute of repose was affirmed.
In Jones v. Smith & Nephew Inc., No. W2021-00426-COA-R3-CV, 2022 WL 767709 (Tenn. Ct. App. Mar. 14, 2022), plaintiff had a hip replacement in January 2009 in which a metal-on-metal device was implanted. This device caused plaintiff significant issues, which resulted in her having to have a second surgery to replace the original replacement device in November 2019.
Plaintiff filed this products liability suit in November 2020, asserting that defendant, who manufactured, marketed, and sold the original replacement device, “actively and intentionally misled the public, medical community, health care providers, and patients into believing these products were safe and effective.” In an amended complaint, plaintiff asserted that the statute of repose found in the Tennessee Products Liability Act (TPLA) would not bar her action because “the injuries suffered by [plaintiff] often take considerably longer than ten years to manifest themselves, in a fashion similar to injuries from exposure to asbestos.” Defendant filed a motion to dismiss based on the statute of repose, which the trial court granted, and the Court of Appeals affirmed.