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.

As of July 2023, there have been no trials or approved settlements in Exactech recall lawsuits. So far, there are 567 lawsuits pending in the MDL as of August 18, 2023.

That’s up from 290 cases in April 2023, and 179 in March 2023.

• May 2023: There were 373 Exactech lawsuits pending in the New York MDL.
• March 2023: Judge Marcia M. Henry issued an order requiring all plaintiffs in the MDL to complete Plaintiff Facts Sheets by June 6, 2023
• March 2023: FDA released a Safety Communication reminding medical providers and the public that many of Exactech’s joint replacement devices manufactured between 2004 and August 2021 were packaged in defective packaging and could degrade early, leading to revision surgery.
• October 2022: Judges consolidated Exactech cases from all over the country into multidistrict litigation in New York MDL 3044. About 75 Exactech lawsuits were transferred from all over the country.
• August 2022: Exactech expanded the earlier 2021 recall to include Connexion GXL hip system liners.
• August 2021: Exactech issued a recall for the polyethylene inserts used in its knee and ankle implants because defective packaging could cause the insert to degrade early.
• June 2021: Exactech issued a product safety alert warning that the polyethylene liners in its Connexion GXL hip systems were failing early.

So far, lawsuits in the MDL are in the initial stages. The lawsuit count has been growing steadily thus far, with about 100 new cases being filed each month.

The judge scheduled the most recent status conference for June 1, 2023.

Exactech recall lawsuits are being filed because 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 recall 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 lawyers may also have additional qualifying criteria that depend on the year of your initial surgery and revision surgery. If you had more than one revision surgery prior to receiving your Exactech implant, you may not qualify. But only a lawyer can tell you if you qualify, so make sure you get a free consultation with an Exactech lawyer right away to preserve your right to file a lawsuit.

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.

Choose an Exactech lawyer who is experienced in recalled medical device lawsuits and fighting against big medical device companies. Because Exactech lawsuits have been consolidated in multidistrict litigation, it also helps to hire a lawyer from a national firm with the resources and leadership experience in MDLs.

When interviewing a potential Exactech lawyer to represent you in an Exactech recall lawsuit, ask them about their track record when it comes to obtaining settlements or jury verdicts for clients injured by recalled and defective medical devices.

Drugwatch partners with award-winning firm Weitz & Luxenberg. Their Defective Drugs and Devices Practice Group has held multiple leadership appointments in multiple drug and device MDLs, and the firm has helped obtain billions in settlements and jury verdicts for their clients. The Exactech MDL judge has appointed W&L attorneys Ellen Relkin and Danielle Gold to leadership positions. Relkin is co-lead counsel, and Gold is on the Science and Experts subcommittee.

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.