In most cases, hip replacement surgery is the final treatment solution for people with severe hip joint problems like an injury or arthritis. While the success rate of this surgical procedure is generally high, some patients have experienced adverse health issues after receiving a hip implant, ranging from joint weakness to severe conditions like osteolysis.
Attorneys at Consumer Alert Now would like to hear from you if you or a loved one has experienced severe complications after receiving a defective hip implant device, particularly the GXL brand manufactured by Exactech. Our attorneys understand how these adverse effects caused by a defective medical device can impact your quality of life and finances.
Once you contact us, one or two of our attorneys will investigate your case immediately to build a claim against the at-fault party. Not only do you deserve compensation for the related medical expenses, but also for all other losses you are likely to experience due to these complications, including loss of enjoyment in life and emotional distress.
Our attorneys will ensure that you have a fair chance of securing the maximum compensatory damages you deserve for all your losses wherever you are in this country.
Hip Joint Replacement Surgery at Glance
Typically, our natural hip joint consists of a simple socket (acetabular cup) and a ball (femoral head). This femoral head is the top round end of the femur bone, which sits and fits comfortably in your hip bone socket.
Both the femoral head and socket have smooth linings known as cartilage on the outer surface, which act as a cushion or shock absorber when performing physical activities that require hip joint movement. Unfortunately, this cartilage can wear out due to age, making your hip joint arthritic.
When you leave this health issue untreated, the cartilage will wear out completely, allowing your bones to rub against each other, which is often painful. When that happens, your doctor could recommend hip replacement surgery to fix this painful condition.
To reduce the pain and discomfort associated with this problem, your surgeon will remove the damaged or diseased femoral head. Then, he/she will insert a metal stem or implant into a hole he/she will drill on the top of your femur bone. On the other end of the fixed implant, he/she will place or insert an artificial femoral head.
After fixing the femoral head, he/she will remove the arthritic bone on the adjacent side of your joint and prepare your hip socket, where he/she will place a metal cup with a plastic lining on the outer surface. Once all the necessary parts are in place, the surgeon will insert the femoral head into the plastic-coated metal cup to give you a new artificial hip joint.
Although hip replacement surgery can significantly improve your quality of life if you have hip arthritis or any other uncomfortable health condition, receiving a defective device can worsen the situation. Read on to learn how a defective hip implant device can impact your quality of life and legal options.
What You Need to Know About Exactech Connexion GXL Hip Liner
Connexion GXL hip liner is typically a version or model of the plastic acetabular liner described in the previous paragraph. Once the doctor implants it into the metal cup in your hip socket, the compatible femoral head will articulate with this liner. Typically this GXL brand liner is supposedly composed of high molecular polyethylene plastic.
The purpose of having it fixed in the metal cup is to offer a smooth and flexible surface for your femoral head or ball to rub against when moving or performing physical activities. According to Exactech (the manufacturer of this brand of hip acetabular liner), these liners are less likely to experience wear and tear issues due to the unique radiation process used to manufacture and design them.
Unfortunately, that is not the case among some patients who have received this implant. Due to constant friction, these liners can wear and tear as you move, depositing debris on the surrounding tissues. When that happens, patients experience adverse side effects and life-threatening complications, which the company does not mention when marketing their products.
Potential Complications and Symptoms Caused by Wear and Tear of The Exactech Connexion GXL HipLiner
Unfortunately, according to recent research studies, some patients who have received the Exactech Connexion GXL liner end up suffering health complications caused by the early wear and tear of this liner. While the company expects this liner to last for about 25 years, some patients have experienced severe complications caused by the wear and tear of this liner earlier than expected.
Below are some of the most common symptoms you could experience if you have had hip replacement surgery where your doctor had to use this model or brand of the acetabular liner:
- Lasting pain and swelling near the implant
- Limited mobility
- Stiffness around the hip joint
- Clicking or grinding sounds on the hip joint
- Walking or standing difficulties
- Soreness around the affected hip area and posture changes or instability
- Loosening of the replacement hip joint
When you experience any of the above symptoms after receiving a hip implant, you should see your doctor as soon as possible to discuss your treatment options and avoid more severe complications such as:
- Degeneration of bone tissues
- Bone loss (osteolysis)
- Complete device failure
- Bone tissue loss
When this hip liner wears and degrades with time, leading to osteolysis or complete device failure, revision surgery could be necessary to fix the issue and prevent further health risks. Hip revision surgery is typically a corrective surgery that your doctor can perform to repair and fix the defective implant that could be dangerous to your health when left unchecked.
If you have experienced any of the above complications and symptoms, you could be eligible for damages compensation by joining a class action lawsuit against the liable manufacturer. Remember to keep your medical receipts because they can help your attorney prove you deserve adequate compensation for the medical costs incurred when treating these complications.
Exactech Hip Implants Recall
Exactech and all other manufacturers of medical devices have a legal obligation to ensure their products are safe for use and flee from any manufacturing or design defect that can injure the user. According to product liability law, the manufacturer of any defective medical device should be liable for any injuries or losses a patient will incur after receiving or using the device.
In addition to recalling ankle and knee implant systems, Exactech has also issued a recall of particular hip implant devices, including the connexion GXL hip liner, which is an integral component in hip replacement implants. The recall of the Exactech hip replacement implants in June 2021 is an express and clear admission that this company's products are defective.
The primary reason for recalling these hip implant devices is premature wear and tear. According to this company, these devices' premature wear is due to packaging flaws that make polythene plastic material on the device vulnerable to oxidation.
When this material is oxidized, it becomes weak and more likely to degrade before being implanted in a patient, causing premature wear and early failure. Due to these packaging flaws, Exactech should be liable for your injuries and losses caused by the defect because they should have known about the issue before marketing and distributing their medical devices countrywide.
If your hip replacement implant system or device by Exactech is among the recalled products, you could have a viable product liability lawsuit against this company. That is true even if you have not experienced complications after hip replacement surgery where any of these recalled devices were implanted or used.
To know whether or not you could have a viable claim against Exactech, you should discuss your case with an attorney. An attorney with significant experience in class action lawsuits is an added advantage if you want to recover maximum compensation for all injuries and financial losses caused by a faulty hip implant device.
A class action lawsuit is typically a lawsuit that involves several plaintiffs or claimants with similar complaints against the same defendant. In this case, Exactech will be the defendant that you and many other patients with similar claims should sue for the injuries and damages caused by their defective hip implant devices.
How to File Exactech Hip Replacement Implant Lawsuit
The legal process of pursuing compensation for losses caused by a faulty hip implant can be confusing and time-consuming, especially if you are still coping with complications caused by the defective device.
However, you have nothing to worry about if you have a skilled class action lawsuit attorney in your corner fighting for your best interests on the case. To give you adequate time to focus on your healing, your attorney will prepare everything you need and handle the claim process on your behalf.
While every case is different and unique, the legal claim process against Exactech will involve the following steps:
Determining Your Eligibility for a Legal Action
During your initial consultation with your attorney, he/she will ask several questions about your case to determine whether or not you are the right candidate to join the ongoing class action lawsuit against Exactech. Ensure you discuss with your attorney important details like:
- The date you received the Exactech hip implant device
- The symptoms or complications you have experienced after receiving the defective hip implant device
- Your medical expenses or costs
- Whether or not your doctor wants you to undergo revision surgery to fix the device correctly or mitigate complications caused by the defective device
All this information will help your attorney determine your eligibility for legal action against Exactech to receive damages for your losses.
Gathering the Necessary Evidence
Unfortunately, how much you will recover on your lawsuit will depend on the validity and viability of the evidence your attorney will equip himself or herself with during the claim process. To build a viable claim against a giant company like Exactech, your attorney should make an effort to gather necessary evidence as soon as possible.
Below are examples of evidence you would need during this claim process to strengthen your claim against Exactech for their faulty hip implant devices:
- Your medical receipts
- Incident reports
- Eyewitness testimony
- Relevant videos and photos showing the extent of your injury or complications
- Documentation showing your lost wages due to these injuries and related medical care
Generally, any record or documentation regarding your defective hip implant device and subsequent health complications could be helpful during your lawsuit against Exactech for maximum compensatory damages.
Filing Lawsuit Before the Expiry of the Statute of Limitations
Typically, depending on the state where you reside, the statute of limitations for filing an Exactech lawsuit range from two (2) to three (3) years. It is worth noting this time limit begins to run on the date you sustained the injury or discovered that you have an injury caused by a defective Exactech hip implant device.
When you fail or forget to file your lawsuit before the expiry of your state's statute of limitations for filing these claims, you will lose your right to hold the at-fault party legally responsible for your losses.
Since time is of the essence when you have an injury claim, it is wise to consult with an attorney as soon as you experience any symptom that you suspect could be due to the hip implant device you received. The attorney you decide to work with will know your state's statute of limitations and file your lawsuit within the required time limit.
Pursuing the Deserved Compensation for Your Damages and Losses
When you file a hip implant lawsuit, the company could respond to your case or not. If they do, they will give you a settlement offer to cover your alleged damages and losses caused by their faulty hip implant device.
Note that the settlement offer the company will give on the lawsuit is distributable among all the plaintiffs in your class action lawsuit. In most cases, this settlement offer will be lower than you expect, but you do not have to settle for it if it is unsatisfactory.
Once you accept their offer as the class representative, you and other plaintiffs will lose the right to take the case to trial. If the company is unwilling to raise its settlement offer, your attorney will seek a judge's final verdict on the case at trial on behalf of all class members.
At trial, a judge or jurors will determine the fair amount Exactech should pay to cover damages that all the plaintiffs in your class action lawsuit have. During this case's trial, your attorney will carry the legal weight of proving that you and other plaintiffs in your class deserve adequate compensation for all the losses caused by a defective Exactech hip implant device.
Even if you are not the class representative in the hip implant lawsuit, your attorney's presence during the litigation process is important to help you achieve fair compensation for your unique case.
Estimated Settlement Offer of Hip Implant Lawsuit
Since this is a new case in the legal justice system, there are no settlement offers or court verdicts on the hip implant lawsuit yet. That means it is not too late for you if you want to join a class action lawsuit to hold Exactech accountable for the damages and losses caused by their defective hip implant devices, including the Connexion GXL hip liner.
When determining the approximate value of this lawsuit, a reliable and experienced attorney can assess past settlement payouts for related mass tort cases involving various hip joint replacement implants. In doing so, he/she can estimate the likely settlement offer or verdict the court could give on the class action lawsuit against Exactech for their defective hip implant devices.
After considering all these factors in related cases, we estimate the approximate settlement amount in this hip implant lawsuit could range from $250,000 to $350,000. Since this amount is distributable to all the eligible plaintiffs in your class action lawsuit, you will rely on your attorney to convince the court you deserve a significant portion to cover all your losses.
In determining the exact amount you deserve for your unique case, the court will consider the following factors:
I. Your Age
Your age will significantly impact the potential monetary amount you will receive as damages for your losses caused by the faulty hip implant device. If you are in the older age bracket (65 and above), your claim value will be lower than a plaintiff in the younger age bracket (20 to 40 years old).
II. Implant Duration
Another factor affecting your unique case settlement value is how long you had the defective implant before the onset of the symptoms of its premature failure. If you have had the hip implant for only two or three years, your case would likely result in a higher settlement amount than someone who had the implant ten years ago.
III. Your Work Status
If you are already a retired employee, your case's value will be lower than a claimant with an active work status because you will not recover damages for lost wages. However, even if you are a retired employee, a reliable attorney can convince the court to award you compensatory damages for lost income if you are a businessman.
IV. The Severity of Injuries and Complications Caused by the Defective Hip Implant
If you had to undergo revision surgery to correct complications caused by a faulty Exactech hip implant device, your case would be worth more than a patient whose injuries did not require this procedure.
Having a dependable attorney in your corner is the key if you want to stand a chance of attaining a fair and utmost compensation amount for your losses caused by a defective medical device.
Compensatory Damages in an Exactech Hip Implant Liner Lawsuit
If everything ends in your favor, the court will award your compensatory damages for the following types of economic (monetary) and non-economic losses:
- Medical expenses, including possible future medical costs
- Lost wages or income
- Pain and suffering
- Lost earning capacity
- Emotional distress
- Loss of enjoyment in life
- Permanent health effects
Although the money you will receive as compensatory damages for these losses will not make you whole or healthy again, it will surely help you seek the necessary medical treatment services to live a comfortable life.
Therefore, if you believe your hip implant device could necessitate a revision surgery or are already experiencing adverse effects caused by the device, it would help to consult an attorney to know your legal options. Your defense attorney will protect your best interests and legal rights during the claim process to achieve the compensatory damages you truly deserve.
How to Find the Right and Reliable Defective Medical Implant Attorney
Choosing the right and dependable attorney for your unique case can seem overwhelming, especially if you are unsure what to look for in your prospective attorney. To find a dependable attorney for your case, you should spare ample time to look for an attorney or a law firm that provides:
- Legal help at no upfront costs, meaning you will only be obliged to pay him/her when he/she recovers compensation for your losses
- Decades of experience necessary to fight for adequate compensation
- Nationwide practice because these defective devices affect several innocent patients countrywide
- Obligation-free consultation and case reviews
- Successful track record for similar or related cases to show their competence
The rule of thumb when choosing an attorney for your unique case is to find one that you can trust from your guts and instincts. If you suspect your prospective attorney is incompetent to take your case to trial, you should go on with your hunt to find a reliable expert for your unique case.
Find a Dependable Defective Medical Implant Attorney Near Me
Generally speaking, no patient should have to endure or suffer unnecessary injury or pain due to a defective medical device, and attorneys at Consumer Alert Now understand that more than anyone else.
We invite you to call our attorneys at 800-511-0747 if you have injuries caused by a defective Exactech hip implant, including the connexion GXL model, to know your legal options. Our dedicated attorneys are ready to take your case wherever you are in the country to hold the liable party accountable for your current and possible future losses caused by their medical devices.