Exactech Replacement Lawsuits

Lawsuits against Exactech replacements are product liability cases for anyone injured by recalled Exactech products — specifically knee, ankle and hip implants. People hire lawyers to file product liability cases on their behalf if they are injured by a defective product. These defects may be in design, manufacturing or marketing.

Product liability lawsuits against Exactech seek several types of compensation for injuries caused by recalled or defective products. These include medical bills, lost future income and lost wages as well as pain and suffering. In some cases, a spouse may claim loss of companionship. If your case goes to trial, a jury may award you punitive damages that are meant to deter future negligent behavior from defendants.

According to their recall information website, Exactech is offering to cover “recall-related-out-of-pocket” expenses if patients file a claim through them. This means you must pay for all your treatment upfront and be reimbursed later. There is no guarantee that they will reimburse you for all your costs, and this may not cover all your losses, such as pain and suffering, lost quality of life or future medical expenses from injuries.

If you are interested in filing an Exactech lawsuit, make sure to consult an attorney before filing a claim with Exactech because this may bar you from pursuing a lawsuit in the future.

Exactech Lawsuit Status 2022

As of November 2022, there have been no trials or settlements in the Exactech litigation.

But in October 2022, judges consolidated Exactech cases from all over the country into multidistrict litigation in New York MDL 3044. So far, there are 47 cases pending as of Oct. 14, 2022.

Exactech said inserts manufactured since 2004 may have shipped in defective packaging. Surgeons have implanted at least 142,732 of these potentially defective devices. This means thousands of Americans could suffer complications from medical devices that fail early.

People are filing Exactech lawsuits if they were implanted with an Exactech knee, ankle or hip device that caused complications leading to revision surgery. In August 2021, Exactech recalled thousands of polyethylene inserts for its knee and ankle replacements because defective packaging could allow too much oxygen to reach the plastic inserts, causing them to degrade early.

In addition, Exactech has notified doctors that patients implanted with a hip replacement that used the Connexion GXL hip liner may “exhibit earlier linear and volumetric wear.” Some patients with the Connexion GXL liner have experienced early bone tissue loss called osteolysis and may require revision surgery.

Exactech hasn’t initiated a hip replacement recall for the GXL liner, but the company is phasing out the product and will no longer be manufacturing it in the United States.

You may qualify to file an Exactech replacement lawsuit for compensation if you received a recalled knee or ankle replacement and suffered complications. You may also qualify for a hip replacement lawsuit if you received an implant with a Connexion GXL liner and suffered hip replacement complications.

Exactech isn’t warning patients directly about recalled implants. The company has urged doctors to get in touch with patients to make follow-up appointments to see if they need additional knee replacement surgery or hip replacement surgery.

Warning signs your implant may be failing include: Grinding or other implant noise, swelling, instability, pain and inability to bear weight. If you have any of these symptoms, make sure you see your doctor right away for a follow up.

What Should You Do If You Were Impacted?

If you were impacted by the recall or have a Connexion GXL hip liner, make sure you keep in touch with your doctor to monitor your implant for signs of early wear or bone loss. You may not have symptoms in early stages of osteolysis or insert degradation.

You may choose to file a claim through Exactech or pursue a lawsuit. If you decide to pursue a lawsuit, make sure you contact an attorney right away to preserve your right to file a claim. Most law firms offer free case reviews for product liability cases, and you aren’t obligated to pick the first firm you speak with.

Have your medical records and as much information as you have on your implant with you when you speak to the attorney. They will ask you about your experience and what types of injuries you have sustained.

After you sign a contract with a law firm, you have officially hired them to represent you. Typically, you only pay a fee if they recover compensation on your behalf.

There haven’t been any Exactech lawsuit settlements or jury verdicts in the current knee, ankle and hip implant cases. Lawyers are still accepting clients and the litigation is in the early stages.

Exactech has hired a third-party claim settlement company called Broadspire, but it isn’t the same as being awarded a settlement in a lawsuit. They won’t replace your failed implant for free or let you go to your doctor for free. Broadspire will be reimbursing you for money you have already spent and won’t include future care costs or lost wages.

Past Exactech Litigation

The current Exactech lawsuits aren’t the first time the company has been involved in litigation over its joint replacements. They’ve been sued by the federal government and the state for questionable business practices related to their implants.

Most recently in 2020, whistleblowers sued Exactech under the False Claims Act, claiming the company knowingly provided faulty knee replacements to VA, Medicare and Medicaid beneficiaries.

The Department of Justice sued Exactech for paying orthopaedic surgeons to cause providers to use Exactech’s hip and knee implants from January 2002 to December 2008. This resulted in false claims being submitted to Medicare. The case was settled in 2010.