In February 2022, Exactech, a leading medical device manufacturer, recalled hundreds of thousands of knee, hip, and ankle replacement devices implanted in patients between 2004 and 2022. The inserts lacked adequate packaging and were exposed to oxygen before implantation into the body. Over time, these inserts could degrade significantly, leaving many patients in pain and in need of revision surgery.
If you or a loved one have suffered from complications due to a defective Exactech knee, hip, or ankle implant, the attorneys at Estey & Bomberger, LLP can help. Our Exactech lawsuit attorneys are dedicated to securing justice for victims of these dangerous devices. We will work tirelessly to hold the manufacturer accountable and secure the compensation that you deserve.
Why Choose the Attorneys at Estey & Bomberger, LLP?
- Our attorneys have a proven track record of success in representing clients against manufacturers of dangerous and defective products. We recovered over $500 million in settlements and jury verdicts over a five-year period alone.
- Exactech lawsuits can be highly complex. Our firm specializes in lawsuits involving defective medical devices, and we will leverage our skills, experience, and network of expert witnesses to secure a favorable outcome in your case.
- We understand the financial hardship that victims of defective medical devices face. Our firm operates on a contingency fee basis, which means that you do not have to pay any legal fees unless we successfully recover compensation on your behalf.
Why Were the Exactech Knee, Hip, and Ankle Implants Recalled?
The Exactech knee, hip, and ankle implants are complex medical devices that are composed of various parts designed to replace damaged joints in the human body. A standard total knee replacement is made up of four parts: the femoral component, the tibial tray, the patellar component, and the tibial polyethylene insert. On the other hand, a standard total ankle replacement is made up of three parts: the tibial component, the talar component, and the polyethylene insert.
Exactech discovered a significant issue with the polyethylene insert used in both total knee and ankle replacements, which acts as a cushion for the replaced joint. Specifically, the company found that one of the packaging layers for the polyethylene insert did not comply with specifications, permitting oxygen to penetrate the plastic insert before its implantation.
This oxygen infiltration could trigger oxidation, leading to premature wear of the implant components and causing damage to the plastic after it is placed in the patient’s body. Without the plastic insert, there is no cushioning to absorb the impact of movement, causing pain and injury to the patient.
In August 2021, the U.S. Food and Drug Administration (FDA) announced a voluntary recall of various models of Exactech knee and ankle replacements with polyethylene components and inserts, due to the risk of device failure. Then, in February 2022, Exactech took additional action and expanded the recall to include all polyethylene liners used in knee and ankle replacements. Certain orthopedic hip-implant components were also recalled due to similar issues.
The Dangers of Defective Exactech Knee, Hip, and Ankle Implants
The rapid degradation of knee, hip, and ankle implants can result in a variety of complications. Many Exactech patients have experienced accelerated debris production, bone loss, component fatigue, cracking, or fracture, leading to health risks and the need for costly corrective surgery.
The FDA has received numerous reports of side effects from faulty Exactech implants, including the following:
- New or worsening pain
- Instability in the knee, ankle, or hip
- Inability to bear weight on your implant
- Osteolysis (or bone degeneration)
- Premature wear or device failure
- Clicking, grinding, popping, or other noises
List of Recalled Exactech Products
Exactech has recalled multiple products as a result he faulty packaging. These products include:
- Optetrak® All-polyethylene CR Tibial Components
- Optetrak® All-polyethylene PS Tibial Components
- Optetrak® CR Tibial Inserts
- Optetrak® CR Slope Tibial Inserts
- Optetrak® PS Tibial Inserts
- Optetrak® HI-FLEX® PS Tibial Inserts
- Optetrak Logic® CR Tibial Inserts
- Optetrak Logic® CR Slope Tibial Inserts
- Optetrak Logic® CRC Tibial Inserts
- Optetrak Logic® PS Tibial Inserts
- Optetrak Logic® PSC Tibial Inserts
- Optetrak Logic® CC Tibial Inserts
- Truliant® CR Tibial Inserts
- Truliant® CR Slope Tibial Inserts
- Truliant® CRC Tibial Inserts
- Truliant® PS Tibial Inserts
- Truliant® PSC Tibial Inserts
- Vantage® Fixed-Bearing Liner Component
- Exactech Connexion GXL liners (used in Exactech Acumatch®, MCS®, and Novation® systems of medical devices)
Who Is Eligible for a Lawsuit Against Exactech?
In October 2022, Exactech lawsuits across the United States were approved to be consolidated into a multidistrict litigation (MDL) case. This legal action is aimed at streamlining the litigation process and achieving a more efficient resolution of the numerous lawsuits filed against the company by patients who have suffered injuries due to faulty devices.
You may be eligible for a lawsuit against Exactech if you meet the following criteria:
- You have an Exactech knee, ankle, or hip implant.
- You have suffered side effects from the Exactech implant.
- You had, scheduled, or were told that you needed revision surgery due to the injuries that you suffered.
If you are unsure whether you are eligible for an Exactech lawsuit, call Estey & Bomberger, LLP today at (800) 260-7197. Our attorneys will carefully review your case during a free, no-obligation consultation and help you understand your options for compensation.
Compensation Available in an Exactech Lawsuit
Suffering from the pain and discomfort caused by a defective Exactech hip, knee, or ankle replacement product can be both physically and financially devastating. From mounting medical bills to lost wages, the financial strain can make it difficult to recover and move forward. However, you may be entitled to compensation that can alleviate this burden and help you get back on your feet.
By filing an Exactech lawsuit, you can recover a financial settlement to help pay for the financial, physical, and emotional losses that you endured. These damages may include medical expenses, lost wages, and pain and suffering.
Medical expenses are a major component of compensation available in an Exactech lawsuit and will likely comprise the majority of your award. Injuries caused by defective Exactech hip, knee, or ankle replacement products can require significant medical intervention, leading to substantial expenses for the injured party.
Through your lawsuit, you can recover all expenses associated with medical care for your defective implant. These may include the cost of regular doctor’s visits, hospitalization, surgery, rehabilitation, and other related expenses.
If you require ongoing medical care due to your injuries, you may also be entitled to financial compensation for those future costs. Additionally, if you need to pay for transportation to and from your medical appointments, you can recover compensatory damages to pay for your travel expenses.
When preparing for your lawsuit, save all of your medical records and bills—these documents can help your attorney calculate your potential award. For future costs, your lawyer can enlist the help of life care planners and medical professionals who can help determine your long-term needs.
Pain and Suffering
Pain and suffering are non-economic damages that are meant to compensate you for the physical and emotional pain caused by your injuries. In an Exactech lawsuit, you may be entitled to receive compensation for the pain and suffering that you experienced due to the defective implant. Your attorney can help you calculate these intangible damages using formulas commonly used by the court.
Examples of pain and suffering may include:
- Emotional distress
- Chronic pain
- Permanent disability
- Loss of enjoyment of life
- Mental anguish
- Depression and anxiety
- Post-traumatic stress disorder
Lost Wages and Future Earnings
A defective Exactech implant can cause you to suffer from serious pain, causing you to miss work and thus lose wages. You may also need to take time off of work to receive medical care, undergo surgery, and recover from the impact of the procedure. In some cases, you may be unable to return to work at all due to your injuries, resulting in a loss of future earning capacity.
Through an Exactech lawsuit, you have the right to recover compensation to help pay for these lost wages and benefits. If you are unable to return to your job, you can secure compensation for the value of the wages that you would have reasonably earned if you had not suffered your injury.
The Statute of Limitations for Exactech Lawsuits
The statute of limitations is a legal time limit within which a person must file a lawsuit. For Exactech lawsuits, the statute of limitations varies by state and by the type of claim being pursued. If you fail to file your lawsuit within the specified time frame, you may be barred from pursuing compensation for your injuries.
In most states, the statute of limitations for product liability claims is typically between two to four years from the date the injury was discovered or reasonably should have been discovered. However, some states have shorter or longer time limits, and certain circumstances may extend or shorten the statute of limitations.
To protect your right to financial recovery, it is important to speak with a lawyer as soon as possible. An Exactech recall attorney from Estey & Bomberger, LLP can evaluate your case, identify your options for compensation, and help you file your claim before the appropriate deadline.
Why You Need an Exactech Recall Lawyer
Exactech recall lawsuits can be incredibly complex, involving the nuances of medical device regulations, personal injury law, and product liability claims. Retaining an Exactech recall lawyer can help you navigate the legal process and ensure you receive the compensation you deserve.
A product liability attorney with expertise in these cases understands the unique challenges involved and can provide you with the guidance and support necessary to achieve the highest possible settlement. By hiring an Exactech lawsuit attorney from Estey & Bomberger, LLP, you can gain access to several benefits, such as the following:
- Knowledge and Experience: An Exactech lawsuit attorney can offer insight and guidance based on his or her extensive knowledge of the legal system and previous experience handling similar cases. Your lawyer can help you navigate the complex legal process and identify the best course of action to maximize your chances of success.
- Thorough Investigation: Your attorney can conduct an in-depth investigation into your case, including gathering evidence, interviewing witnesses, and consulting with experts to build a strong case on your behalf. This includes investigating the defective Exactech product, reviewing medical records, and examining the roles of all responsible parties.
- Aggressive Representation: Your attorney can provide aggressive representation, fighting for your rights and pursuing the compensation you deserve. This includes negotiating with the defendants and advocating for your case in court, if necessary.
- Negotiation Skills: Depending on the circumstances of your case, your lawyer can negotiate with the defendants on your behalf to reach a fair and just settlement. He or she can leverage his or her extensive knowledge of the legal system and previous experience handling similar cases to negotiate a settlement that fully compensates you for your injuries, lost wages, and other damages.
- Access to Resources: Our firm has a wide network of resources that we can leverage to address the complex legal and technical aspects of your case. We can retain expert witnesses like product experts and medical professionals to testify in your case. This allows your attorney to build a strong case on your behalf and provide the best possible representation.
- Peace of Mind: By hiring an attorney, you can alleviate the stress and uncertainty of pursuing legal action on your own, giving you the peace of mind that comes with having a dedicated legal advocate on your side. Your attorney can handle all aspects of your case, allowing you to focus on your recovery and well-being.
Schedule a Free Consultation with Estey & Bomberger, LLP Today
If you or a loved one has been injured by a defective Exactech product, it is important to seek legal representation as soon as possible. The Exactech recall lawyers at Estey & Bomberger, LLP are helping people nationwide hold the manufacturer accountable and secure fair compensation for their injuries. Our team of attorneys specialize in defective product cases and can help you navigate the legal process and fight for the compensation you deserve.
If you notice any complications related to your Exactech implant, seek medical care as soon as possible and follow the instructions of your doctor. Then, schedule a free consultation with Estey & Bomberger, LLP today to discuss your legal options and identify your optimal path to recovery. Call us at (800) 260-7197 or fill out our online contact form to get started.