Exactech Lawsuit

The Exactech lawsuit includes personal injury claims associated with the Exactech hip, Exactech knee, and Exactech ankle replacement devices. Exactech Inc. initiated a recall in 2021, and another recall in 2022 due to issues with the packaging. These Exactech implants carried a risk of premature failure.

What are the Exactech Lawsuits? 

The Exactech lawsuits are personal injury claims for compensation from Exactech Inc for those who were negatively affected by the company’s faulty Exactech knee, hip, and ankle implants. In late 2021, Exactech initiated a recall of its polyethylene tibial insert, specifically the Ultra-High Molecular Weight Polyethylene Knee and Ankle Polyethylene Inserts that were produced from 2004 and 2021. The recall was initiated due to inadequate product packaging. Devices like the Exactech knee replacement, namely Truliant and Optetrak, as well as the Exactech ankle replacement Vantage, used these tibial inserts.

The bags in the packaging failed to include an oxygen barrier layer to protect the implants from oxidation, which caused the plastic to degrade over time. This oxidation led to device degradation and early failure, causing implants to crack or fracture, requiring patients to undergo corrective surgery. 

In mid 2021, an Exactech recall was issued for certain GXL liners found in hip implants, including Acumatch, MCS, and Novation, due to excessive wear and early failure. However, Exactech didn’t pinpoint a cause for these wear issues. In mid 2022, Exactech extended its initial recall to include all implants with plastic mechanisms that were packaged using ineffective bags. 

Exactech Lawsuit Injuries

People who received a recalled Exactech implant could experience serious complications. When these medical devices fail early, the symptoms could include pain, bone loss, and mobility challenges. In several cases, the only remedy for these complications is a knee revision surgery or corrective revision surgery.

Exactech device failure could lead to: 

  • Clicking, grinding, or popping from the joint 
  • Bone damage 
  • Device fracture 
  • Implant failure 
  • Dislocations 
  • Emerging or intensifying pain 
  • Inability to support weight 
  • Instability 
  • Rapid and significant device wear 
  • Corrective surgery 
  • Swelling 
  • Walking difficulties 

Why File an Exactech Lawsuit? 

People filing Exactech lawsuits are seeking compensation for the personal injuries they sustained due to potentially faulty Exactech ankle, knee, and hip implants. The lawsuit claims that Exactech Inc was aware of the defects in these medical devices, yet proceeded to sell them, suggesting they are guilty of fraud and negligence, among other charges. 

Based on Exactech’s 2022 Urgent Medical Device Correction letter, as many as 143,484 faulty inserts were used in the United States. These devices could have exposed thousands of patients to premature failure following their Exactech knee, hip, or ankle replacement surgeries.

Exactech Settlements 

Some attorneys estimate that an Exactech lawsuit settlement could be between $100,000 to $300,000. This projection takes into account previous knee replacement settlements. The exact settlement amount can vary based on severity of injuries. 

There have been no approved settlements in the Exactech lawsuits. Bellwether trials usually determine prospective settlement amounts. As of September 2023, there were no trials scheduled for Exactech MDL.

Can I File an Exactech Lawsuit? 

If you’ve had an implant surgery using a recalled Exactech knee, Exactech hip, or Exactech ankle implant, and underwent revision surgery or were advised to by a medical professional, you may be eligible to file an Exactech lawsuit. To determine which type of implant you received, you’ll need to review your medical documents or talk to your doctor.

If you’re not sure which implant brand was used for your surgery, consider scheduling a consultation with a lawyer who specializes in Exactech lawsuits. 

You may qualify to file a lawsuit if you experienced difficulties from the following implant devices:

  • Optetrak Knee encompassing: All-polyethylene CR Tibial Components, All-polyethylene PS Tibial Components, CR Tibial Inserts, CR Slope Tibial Inserts, PS Tibial Inserts, HI-FLEX PS Tibial Inserts 
  • Optetrak Logic Knee including: CR Tibial Inserts, CR Slope Tibial Inserts, CRC Tibial Inserts, PS Tibial Inserts, PSC Tibial Inserts, CC Tibial Inserts 
  • Truliant Knee variants: CR Tibial Inserts, CR Slope Tibial Inserts, CRC Tibial Inserts, PS Tibial Inserts, PSC Tibial Inserts 
  • Vantage Ankle with its Fixed-Bearing Liner Component 
  • Acumatch Hip with Connexion GXL liner 
  • MCS Hip with Connexion GXL liner 
  • Novation Hip with Connexion GXL liner

Exactech lawsuits can be filed if you received any of the implants manufactured between 2004 and August 2021.

If you’re experiencing any of the these symptoms—even if no surgery has been recommended by your surgeon—you may still be eligible to file an Exactech lawsuit:

  • Loosening due to osteolysis 
  • Pain 
  • Radiographic indications of osteolysis 
  • Restricted movement 
  • Stiffness

Exactech has asked physicians to reach out to patients with recalled implants. If you have not heard from your physician, you should call their health care facility to schedule an appointment.

What Should I Do if I Was Harmed by an Exactech Implant? 

If you’ve experienced complications or personal injury from an Exactech knee, hip, or ankle replacement, you should schedule an appointment with a healthcare professional. Those who received a recalled Exactech implant should reach out to their doctor, even if they aren’t currently experiencing any issues. Not everyone will experience symptoms during early device failure. 

If your implant causes concern or is failing, your physician may recommend additional surgery. At this time, however, the U.S. Food and Drug Administration does not recommend corrective surgery for patients who are not experiencing difficulties with the Exatech implants.

Exactech provides direct compensation for those who have been affected by their recalled implants. However, accepting compensation or signing any documents from Exactech could make you ineligible for filing an Exactech lawsuit. Before getting in touch with Exactech, it’s important to consult a personal injury lawyer or product liability lawyer to understand your legal options. These lawyers typically provide free case evaluations for those affected by Exactech ankle, hip, or knee implants. 

Exactec Lawsuit Timeline

March 2023: The FDA issued a reminder to medical providers and the general public about the flawed packaging of numerous Exactech implant devices manufactured between 2004 and August 2021. This packaging flaw could lead to the rapid degradation of the medical device, potentially requiring revision surgery. 

March 2023: An order written by Judge Marcia M. Henry ordered all plaintiffs in the Exactech MDL to finalize their Plaintiff Facts Sheets by June 6, 2023. 

May 2023: The Exactech lawsuits in the New York MDL stand at 373. 

June 2023: The most recent status conference is scheduled with 391 cases in the queue.

July 2023: Only four more cases have been added to the multidistrict litigation since June, increasing the total to 395. 

August 2023: Multidistrict litigation cases have increased to 822 claims, with the majority of those being knee implants. Plans to schedule a bellwether trial are in motion. 

Exactech Replacement Lawsuit Status

As of August 2023, there were 822 Exactech lawsuits in the New York multidistrict litigation (MDL). The Exactech lawsuit is quickly moving through the courts, with a bellwether trial expected to be scheduled shortly. 

References

  1. https://www.aboutlawsuits.com/wp-content/uploads/2022-11-11-exactech-sexton-complaint.pdf
  2. https://www.exac.com/medical-professionals/recall-information/
  3. https://www.exac.com/product/exactech-ankle-patient-letter/
  4. https://www.exac.com/product/exactech-dhcp-letter/
  5. https://www.exac.com/wp-content/uploads/2021/06/Frequently-Asked-Questions-FAQs-for-US-Agents-Surgeons_FINAL_GXL.pdf
  6. https://www.exac.com/wp-content/uploads/2022/02/Exactech-Knee-and-Ankle-FAQ.02.07.2022_Letterhead.pdf
  7. https://www.fda.gov/medical-devices/safety-communications/risks-exactech-joint-replacement-devices-defective-packaging-fda-safety-communication
  8. https://www.jpml.uscourts.gov/sites/jpml/files/Pending_MDL_Dockets_By_District-July-17-2023.pdf