Lawsuit Update Center
On this page we will explain who is eligible to file an Exactech implant recall lawsuit. We will summarize the basic eligibility criteria that our firm is applying to screen potential Exactech lawsuits; and we will describe the relevant injuries being alleged in the Exactech cases.
What Are the Exactech Recall Lawsuits About?
Exactech is a medical device company that specializes in making surgical implant systems for use in joint replacement surgeries such as knee, hip and ankle replacements. In August 2021, Exactech annouced a massive recall covering all of its knee and ankle replacement implants manufactured in 2004 or later.
Exactech initiated a recall after discovering that a flaw in the vacuum-seal packaging of its knee replacement systems led to oxidation of the polyethylene insert component before use. This resulted in a substantial degradation of the polyethylene insert post-packaging, compromising its functionality within the knee replacement system. As a direct result of this issue, the deteriorated polyethylene insert led to increased friction and wear over time, ultimately causing premature failure of Exactech knee replacement systems.
Individuals who experienced a premature failure of their Exactech knee replacement system due to this manufacturing defect suffered significant pain and limited mobility in their knees. Ultimately, correction of the knee replacement system failure necessitated patients to undergo revision surgery.
Manufacturers like Exactech have a legal obligation to ensure that their products are safe for their intended use and free of defects that could result in harm to end users. When Exactech announced the recall in 2021, it was effectively an admission that it breached this duty. That means that Exactech can clearly be held liable for injuries resulting from the defective implants.
Starting in 2022, a growing number of people who had an Exactech implant fail prematurely began filing product liability lawsuits against Exactech. These lawsuits assert that Exactech is liable for design and manufacturing defects and they seeking damages for pain and suffering and medical expenses incurred in replacing the defective implant.
The Exactech lawsuits in federal courts were consolidated into a class action MDL in the Eastern District of New York. A large number of Exactech lawsuits are also pending in Florida state courts (Exactech is headquartered in Florida) and are proceeding in a state-court version of an MDL proceeding.
Who is Eligible to File an Exactech Recall Lawsuit?
The eligibility criteria our firm uses to screen potential Exactech recall claims are very simple and straightforward. Potential plaintiffs only need to satisfy 2 qualifying criteria:
You Got an Exactech Implant in the Last 7 Years: To be eligible for an Exactech lawsuit all prospective plaintiffs must first be able to show that they had an Exactech joint replacement system surgically implanted sometime in the last 7 years. Most people who undergo joint replacement surgery have no idea what type of brand of implant system was installed during their surgery. You can find out if you have an Exactech implant by contacting your doctor’s office or obtaining your medical records.
Your Exactech Implant Was Covered By the 2021 Recall: Once you establish that you have (or had) an Exactech implant, you will need to determine whether your specific implant was covered by the 2021 recall. This is usually easy because the 2021 recall covered almost every implant system made by Exactech after 2004. If you had an Exactech implant installed during knee or ankle replacement surgery, chances are it was covered by the recall.
You Suffered a Premature Implant Failure: Finally, potential Exactech plaintiffs will need to be able to show that their Exactech knee or ankle implant failed prematurely. This means that the implant basically broke and/or had to be replaced in less than 10-12 years after it was implanted.
Injuries Involved in the Exactech Lawsuits
The Exactech lawsuits are somewhat unique in that all the plaintiffs have the same qualifying injury: premature failure of their joint replacement implant. What differentiates the plaintiffs in the Exactech cases is how quickly their implant failure occurred and how much physical and economic harm that the premature failure caused them. These factors will significantly impact the potential settlement value of Exactech cases. Below is a discussion of each of these significant factors and how they will potentially drive the value of individual cases.
How Long Did the Exactech Implant Last Before Failure:
The most significant factor that will drive the value of Exactech recall cases is how long your Exactech implant lasted before you experienced a premature failure (or before it became worn out and caused you to experience joint pain). If your Exactech implant only worked for 2 years before premature failure occurred, your case will have a much higher settlement value compared to if your implanted lasted 15 years before failure.
What Type of Exactech Implant Did You Have (Knee / Ankle):
The recalled Exactech implants included both knee replacement implants and ankle replacement implants. Knee replacements are much more common than ankle replacements, so the majority of failed Exactech implants involved in the litigation are knee replacements.
Only around 15% of Exactech cases involve ankle replacements, but these cases will generally have a higher settlement value compared to knee replacement cases. The reason is because failure of an ankle replacement implant usually has a more damaging impact than a knee replacement. Ankle replacement surgery is also more difficult with longer recovery time.
Age of Plaintiff:
Younger Exactech plaintiffs will have higher-value cases for two reasons. First, younger plaintiffs are more likely to have significant lost income damages resulting from the failure of their implant. Second, the impact on quality of life from an implant failure will be more significant in a younger person compared to an elderly person.
Economic Damages:
Economic damages refer to 2 things: lost wages/income and medical expenses. If your Exactech implant failure causes you to miss work or not be able to earn income, you can get damages for that loss (past and future). You can also get damages for any and all past and future medical expenses that you incur as a direct result of the premature failure of your implant. Cases with higher economic damages will have a higher settlement value.
Contact Us About an Exactech Recall Lawsuit
If you think you have a Exactech implant recall lawsuit, contact our lawyers today for a free case review. Call us at 888-310-3020 or contact us online.
