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Patients who received Exactech implants for knee, hip, or ankle replacements may have recently learned of significant defects associated with these devices. Due to faulty materials and defective designs, many Exactech products have been recalled, with thousands of affected individuals now experiencing severe medical complications, including pain and even the need for additional surgery.
As Exactech injury lawyers, we seek full compensation to patients harmed by defective Exactech implants. This includes compensation for pain and suffering, as well as the trauma and additional pain when an additional surgery is required. The financial implications of the Exactech hip replacement lawsuit are significant, with settlement amounts influenced by factors such as injury severity, medical costs, and lost income.
The Law Offices of Mark T. Hurt is committed to helping those affected by defective medical devices hold manufacturers accountable and pursue rightful compensation. If you have been harmed as a result of a defective Exactech medical device we invite you to contact us as soon as possible for a free consultation and case evaluation, particularly as the time period for seeking compensation is limited.
We advance all litigation costs on behalf of clients (which are normally recovered through a settlement or verdict), and we provide representation on a contingency fee basis, meaning that we only receive a fee if compensation is recovered.
In the interim, this article discusses the legal foundation for Exactech lawsuits, what claimants may expect from the litigation process, and the potential effects of Exactech’s recent bankruptcy filings on ongoing and future claims.
Claims made in the Exactech litigation allege strict product liability based upon defective manufacturing. More specifically, plaintiffs have claimed that the defective packing was causing a polyethylene insert component to degrade as the result of not having an oxygen layer to protect the implant device components from oxidation. These issues affect shoulder, knee, ankle, and hip devices. Additionally, patella devices are also alleged to be defective as the result of devices packaged without an ethylene vinyl alcohol layer.
Product liability claims arise when a product is found to be defective and causes harm to consumers. Under product liability claims, manufacturers and others in the sales chain can all be held liable for the harm that results from a defective product.
Three of the ways that a product can be legally defective are due to:
Litigation against Exactech has been consolidated into what is referred to as a Class Action or Multi-District Litigation (“MDL”). In a Class Action or MDL suit, all of the claims of a large group of plaintiffs are consolidated into one lawsuit. A class action for a medical device injury can often be advantageous to injured plaintiffs, as these types of lawsuits can be complex be extremely complex.
If a settlement is reached, the defendant company will normally agree to a payment to be made to the plaintiff class. The exact amount that an individual plaintiff might receive may depend upon a number of factors, such as the pain and suffering received, and whether replacement surgery is required.
In most class action cases, those affected must determine whether they wish to participate in the class action lawsuit, or if they wish to “opt-out” and potentially bring their own separate lawsuit. At our firm, an Exactech attorney can review these options with you, and provide advice based upon the nature of the injuries that you have suffered.
Yes, Exactech filed for bankruptcy on October 29, 2024.
In some class action cases in which the potential liability of the company far exceeds the company’s ability to pay, the company will file for bankruptcy protection. This is what has happened with Exactech.
Exactech filed for bankruptcy under what is known as Chapter 11, which is a business reorganization. In a Chapter 11 bankruptcy, the debtor, creditors, and the bankruptcy trustee will engage in complex negotiations in accordance with United States bankruptcy law concerning the restructuring of the company and how creditors will be paid.
Upon filing for bankruptcy, an automatic stay is typically placed on pending lawsuits, halting any ongoing legal proceedings. This stay allows the bankruptcy court to manage claims against the company in a centralized process. For the Exactech lawsuit, this may mean a delay in obtaining compensation, as claims will need to go through the bankruptcy court for resolution. Patients may be classified as unsecured creditors, meaning they could receive compensation through the bankruptcy process but may have to wait longer for resolution.
Bankruptcy could impact the total compensation available for settlement or judgments, depending on how Exactech’s finances are restructured. In some cases, funds may be set aside specifically for class action or other plaintiffs, while other cases may result in capped liability. For claimants, working with a qualified attorney is crucial to navigate these complexities and ensure they are positioned to pursue the maximum compensation allowed.
No.
Exactech’s bankruptcy filing does not mean that the plaintiffs will not receive any compensation; rather, the plaintiffs are potential creditors through their legal claims and these claims will need to be addressed in the bankruptcy proceedings.
In response to increasing reports of premature implant failure, Exactech issued a recall of several models, including the Optetrak, Optetrak Logic, Truliant, and Vantage knee and ankle implants. Additionally, the company recalled plastic liners used in some hip implant devices. The recalled products are:
Specific information about the devices being recalled are included on the Exactech website, including specific part numbers of the affected devices.
Individuals who underwent knee replacement surgery with these defective implants have experienced significant complications, leading to legal issues and the necessity of filing lawsuits for compensation due to pain, suffering, and subsequent revision surgeries.
The Exactech recalls have been issued for implants manufactured starting in 2004 and thereafter.
Patients who know or suspect that they may have a recalled device implanted should reach out to their surgeon to confirm that they have a recalled device. Additionally, patients with an Exactech implant should reach out to an Exactech injury lawyer to learn more about the current class action lawsuit and the compensation to which they may be entitled.
Exactech obtained 510(k) clearance for its knee replacement systems, a “fast-track” approval path that does not require full testing for safety and effectiveness. However, the FDA has classified the Exactech recall as a Class II recall, indicating that the recalled medical devices could cause significant health issues. This classification highlights the potential risks associated with the defective implants and underscores the need for stricter regulation and oversight of medical device manufacturers.
It has been alleged that Exactech was aware of the problems with their faulty implants, including high failure rates and design flaws, long before they initiated a recall, and that despite this knowledge, the company continued to manufacture and sell the defective implants, putting thousands of patients at risk of serious injury.
Internal documents and reports purportedly have revealed that Exactech may have known about the issues with their Optetrak knee implant system as early as 2012 or 2014. However, the company did not initiate a recall until 2021, after thousands of patients had already received the defective implants. This delay in action highlights Exactech’s negligence and disregard for patient safety, making it crucial for affected individuals to seek legal recourse.
Patients who received defective Exactech implants have experienced:
If any of these symptoms sound familiar, seeking legal representation may be in your best interest. As Exactech lawsuit lawyers, we can assist with assessing your eligibility for filing an Exactech lawsuit.
Exactech has also issued recalls for certain hip-implant components, including the Connexion GXL liners used in their hip replacement systems. These liners have been found to be defective and can cause serious health problems, including osteolysis and synovitis. The degradation of these components can lead to severe pain, inflammation, and the need for additional surgeries.
Patients who have received an Exactech hip implant should be aware of the potential risks and complications associated with these devices. If you have experienced any symptoms or injuries related to your Exactech hip implant, you may be eligible to file a lawsuit and seek compensation. Consulting with a knowledgeable Exactech injury attorney can help you understand your rights and navigate the legal process.
Symptoms of a Loose or Faulty Implant
Patients with defective Exactech products may experience a range of debilitating symptoms, including:
These symptoms can significantly impact a patient’s quality of life and often require corrective revision surgery to repair or replace the faulty implant. If you are experiencing any of these symptoms, it is crucial to seek medical evaluation and consider legal action to address the potential harm caused by the defective implant.
When a medical product like the Exactech knee implant fails to meet expected safety standards, patients have the right to hold the company accountable. In Virginia, pursuing a legal claim allows affected patients to potentially recover compensation for medical bills, lost wages, pain, and suffering. Importantly, with the recent Exactech bankruptcy filing, accessing compensation might require navigating through complex bankruptcy proceedings, which a Virginia Exactech lawyer can assist with. Therefore, it is crucial for affected patients to understand their rights and file an Exactech lawsuit promptly to ensure they meet deadlines and secure the compensation they deserve.
With Exactech recall lawsuits ongoing and the first trial scheduled for 2025, many patients are hopeful for a fair resolution. While each case is unique, having a Virginia Exactech lawyer by your side can significantly improve your chances of receiving fair compensation. The Law Offices of Mark T. Hurt is currently accepting Virginia Exactech knee replacement claims and is committed to fighting for justice for Exactech patients who are dealing with health complications and financial burdens from receiving faulty implants.
Patients who received a recalled Exactech knee, hip, or ankle replacement implant and experienced complications, such as chronic pain, instability, dislocation, or required revision surgery, may be eligible to file a claim. If you have received an Exactech implant and are facing issues, reach out to The Law Offices of Mark T. Hurt for a free case evaluation.
Yes, you can still file a lawsuit against Exactech even if you don’t receive a letter from the company or your doctor. If you have an Exactech implant and have experienced any injuries or complications, you may be eligible to file a lawsuit and seek compensation.
It’s essential to consult with an experienced Exactech recall lawyer to determine your legal options and ensure that you receive the compensation you deserve. Don’t wait for a letter or notification from Exactech – take action today to protect your rights and seek justice. An attorney can help you assess your situation, gather necessary documentation, and file a claim to hold Exactech accountable for the harm caused by their defective implants.
If you’re unsure about the type of implant you received, contact your healthcare provider or surgical facility for verification.
If you’re experiencing pain, instability, or other symptoms, consult your healthcare provider for a medical evaluation. Additionally, we suggest contacting our law firm for a free consultation to discuss your legal options and assess the viability of an Exactech lawsuit.
Virginia has a statute of limitations for product liability cases, which limits the time you have to file a lawsuit. Generally, an injured person has two years from the date of injury (or from the date that they first became aware that they have been injured) to file a claim. Exactech patients might have some leeway if the nature of cause of the injury was not discovered until later. Given these time constraints, it’s essential to consult with a Virginia Exactech lawyer promptly to protect your rights and file a claim before the deadline expires.
The Law Offices of Mark T. Hurt is dedicated to fighting for those injured by faulty medical devices and operates with a client-centered approach. Our firm offers:
For Virginia residents dealing with issues from recalled Exactech knee, hip, or ankle implants, product liability law provides a pathway for seeking compensation. By filing a Virginia Exactech knee replacement lawsuit, patients can seek redress for the harm caused by these defective implants. The Law Offices of Mark T. Hurt can provide representation for Exactech product liability claims, ensuring patients understand their rights and receive comprehensive legal support.
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