TPG Dismissed From Exactech Defective Implant Injury Litigation

Recipients of Exactech Inc’s polyethylene orthopedic implants didn’t sufficiently allege the company’s private equity owner, TPG Inc.—and TPG’s subsidiaries—exerted enough control over the company to be liable for personal injuries related to alleged defects in the implants.

Although TPG took one-third of Exactech’s board seats after the acquisition, the plaintiffs didn’t show it controlled the company or misused Exactech’s corporate form, Judge Nicholas G. Garaufis, of the US District Court for the Eastern District of New York, said Thursday.

The patients allege they were harmed by components in recalled hip, knee, and ankle implants when the devices failed prematurely. Exactech ...