Four patients who received Vitek Proplast Teflon Interpositional implants in their temporomandibular joints in the mid-1980s sued St. Joseph's General Hospital and oral surgeons for injuries caused by the defective implants.
The appellants settled with the oral surgeons and obtained Pierringer Orders.
Three actions were dismissed as statute-barred under the Public Hospitals Act's two-year limitation period.
One action (Hearsey) proceeded to trial.
The trial judge found the hospital 5% at fault, the oral surgeons 20% at fault, the manufacturer 50% at fault, and the distributor 25% at fault, limiting recovery to 5% of damages.
The appellants appealed, challenging the limitation period findings, the rejection of a duty to recall, and the apportionment to non-parties.
The hospital cross-appealed on the limitation period and costs.
