Exactech is a global company that specializes in the manufacture of medical products. In recent years, many patients have been filing lawsuits against this company after a continued failure of their knee, ankle, and hip implants. Ankle, hip, and knee implants are meant for individuals who have suffered serious injuries to these body parts and help with functionality.
Unfortunately, a defect with these inserts is causing serious side effects to individuals who have them. Exactech has acknowledged the defects by issuing a recall on thousands of their devices. If you are experiencing pain, loss of motion, swelling, or issues of bone loss after a hip, ankle, or knee replacement using the Exactech devices, you need to consult with your doctor. If the doctor carries out further tests and determines that the Implant is failing, you may be entitled to compensation.
You can pursue compensation for knee, hip, or ankle implant injuries by filing a claim through Exactech or by filing a civil lawsuit against the company. Battling for compensation against a large enterprise like Exactech was not easy either way. You will need evidence to prove that you suffered the injury and a strong legal team to help you navigate the challenging process.
Overview of Exactech Lawsuit for Knee, Ankle, and Hip Implant Injuries
Knee, ankle, and Hip replacements are made of multiple components, some of which are made of metal and other plastic. Exactech is a global company specializing in medical devices with its headquarters in Gainesville, FL. For over thirty years, the company has produced knee, ankle, and hip inserts. While these implants are meant to help individuals with injuries to the joints, they have been reported to cause a wide range of side effects.
For this reason, many people are filing lawsuits against Exactech for injuries that may have led to revision surgery for the implants. The lawsuits against Exactech are product liability cases for individuals who have suffered injuries from recalled joint implants. Many defects could be associated with the implants, including design defects, manufacturing defects, and marketing defects.
On learning about the lawsuits, Exactech issued a recall on the inserts that raised complaints, and in the recall, they explained that the defect was caused by packaging. The recall warns the doctors from using the devices on patients and guides them on how to move forward with patients who have already undergone the replacement surgery. If you have suffered an injury from a defective hip, ankle, or knee implant, you may be entitled to compensation from the manufacturers.
Symptoms of a Failing Replacement Device
According to the information on the Recall, Exactech has acknowledged that their devices are defective and prone to failure. Some of the most common indications that your replacement device is failing include:
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Loosening of the device.
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Infections.
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Recurrent swelling of the joint.
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Instability of the ankle, knee, or joint.
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Grinding noises on the joints.
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Worsening of the pain.
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Bone loss.
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Shedding of metal particles in the bloodstream.
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Need for revision surgery.
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Inability to hold weight on the area.
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Reduced range of motion.
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Loss of mobility.
If you experience any of the above symptoms, you need to consult your doctor. The doctor will examine you and perform additional imaging tests to determine whether the Implant has a complication.
Exactech Knee, Hip, and Ankle Implant Recall
Patients who have undergone ankle, knee, or hip joint replacement with Exactech devices may be at risk for premature failure of the device. For this reason, Exactech has notified surgeons of their recall on all of the knee and ankle inserts packaged in plastic bags. The non-conforming bags used to package the devices can allow air in and cause damage to the device.
Due to the multiple complaints by the patients about failed implants and the extreme side effects that they bring, Exactech has issued an urgent recall for their products. At their first recall, the company removed the products with an eight-year shelf life from the market and urged doctors to avoid using them on patients. This first recall only included OPTERAK Comprehensive Knee System.
After investigations and further testing was carried out, Exactech expanded their recall by announcing that most inserts manufactured since 2004 had been packaged in plastic bags that increase the likelihood of failure. Following the second recall, the manufacturers advised doctors on ways to follow up on patients who had already received the Implants.
In the recalls, Exactech explained that the non-conforming plastic bags used in the packaging of the implants could be subject to oxidation. In return, the oxidation process degrades the mechanical properties of the insert, leading to accelerated wear and the possibility of failure after the surgery. The recalled Exactech implants could be associated with:
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Development of osteolysis.
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Higher revision rate. Implant revision is a surgery done after the initial implant placement and aims to correct a defective insert.
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An increased risk of plastic wear.
The manufacturers blamed the implant failure on the packaging and defective manufacture with this explanation.
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OPTETRAK Tibial Inserts.
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Truliant Tibial Inserts.
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OPTETRAK Logic Tibial Inserts.
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VANTAGE Fixed-Bearing Liner Component.
Frequently Asked Questions on Exactech Lawsuit for Knee, Ankle, and Hip Implant Injury
When you undergo an ankle, hip, or knee implant, you expect to have some relief for your injuries or disease. Unfortunately, many people who have undergone surgery to fit these implants have complained of serious problems such as pain, grinding, swelling, and dislocation. If your Implant shows signs of complications, you may have many questions about how you can have it corrected or your ability to recover compensation. The following are some frequently asked questions on Exactech lawsuits for ankle, hip, and knee implant injuries:
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How do I know that my Implant was recalled?
Most patients may not know about the Exactech recall and the exact brands that have issues unless they experience complications following the surgery. If you have not received a message from your doctor, you can contact them and ask for a list of the recalled inserts. This will help you lookout for any symptoms of failure.
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What should I do if you have a defective implant?
A defective knee, hip, or ankle implant can cause serious pain and discomfort. Most patients who experience these complications may not know what to do. However, doctors have been notified about the defects and received guidance on treating individuals who already have defective inserts. The recall directs surgeons to conduct regular checks or x-rays to identify the possible wear of the implants. If you are not experiencing pain or immobility, there is no need to have removal surgery for the insert.
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How long do I have to file an Exactech lawsuit?
Due to the state laws on statute of limitations, there is an exact time within which you can file an Exactech lawsuit. The statute of limitations for a defective product varies from one state to another. Therefore, it would be wise to contact an attorney for further explanations. It is important to understand that filing a lawsuit after the statute of limitations has expired could dim your ability to recover compensation for the losses caused by the defective implants.
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How much is an Exactech lawsuit for a knee, ankle, and hip implant worth?
Injuries and complications from defective knee, ankle, and hip implants vary from one patient to another. Therefore, there is not an exact amount that you can recover from a lawsuit against the manufacturers of these inserts. Additionally, the amount you receive from negotiating with the company’s legal team may differ from what you receive from legal litigation. Some of the factors that could affect your settlement include:
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Value of medical bills. The pain associated with hip, knee, and ankle implant failure may require you to be hospitalized. Additionally, you may need to undergo extensive surgeries to remove or repair the inserts. The amount of money you spend to treat the pain associated with this product will be significant to the total settlement.
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Lost wages. Hip, knee, and ankle implants are often placed on individuals who have suffered serious injuries to the joints. Therefore, a failure of these devices may require you to spend a significant amount of time away from work as you undergo treatment and replacement of the insert. Lost wages are the amount in regular income, bonuses, overtime, or income from self-employment that you lose when you miss work.
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Pain and suffering. The symptoms associated with an effective implant could range from minor to very serious. When you file a lawsuit against the manufacturers of Exactech implants, you can recover compensation for the pain and suffering associated with the defects.
Joining a Mass Tort against Exactech for Failed Knee, Ankle, and Hip Implants
A mass tort is a legal action where multiple plaintiffs can file a civil court claim against a common defendant. Numerous people have reported complications tooth Exactech knee, ankle, and hip implants. Therefore, instead of filing an individual lawsuit, you can join other victims of the defective inserts to file a mass tort against Exactech. Filing a mass tort helps you access competent legal guidance even when you do not have the finances. In most cases, the legal team that represents people in a mass tort is paid from the proceeds of the claim.
Before you seek to join a mass tort, you should ensure that you have a valid lawsuit for the implants. The following is the process you can follow to understand if you have an Exactech claim:
Obtain your Medical Records
Whether you are dealing with a hip, knee, or ankle replacement, the first step in determining whether you have a claim is reviewing your medical records. Each type of the recalled Implant may have different symptoms and complications. When a doctor uses a particular implant on you, they will indicate the exact device used. Therefore, you can request a copy of your medical record from your medical provider.
Identify the Implant
When you have your medical report, you can compare your Implant with the list of recalled implants and those part of the national litigation against Exactech. Regardless of the company’s explanation as a reason for the recall, you can proceed with your claim.
Revision
Not all individuals treated with Exactech knee or hip implants deserve compensation. You must have suffered an injury or defect to qualify to join a mass tort against the product. Different people may react differently to different products. Therefore, you should be able to show that you have suffered damage that will require revision. A revision is a follow-up surgery or an attempt to correct a defective device. You may be required to produce a doctor’s report indicating a revision or attempt to fix your Implant while filing a claim.
Seek Legal Guidance
After determining your eligibility to file an Exactech lawsuit, it would be wise to seek legal guidance. The issues surrounding recalled products and suing large companies are complicated. Sometimes, the company may attempt to pay you out to prevent you from filing a civil claim against them. Seeking the help of individuals who understand these situations, you will receive guidance on how to proceed and join a mass tort for potential compensation.
Join a Mass Tort Near Me
Manufacturers of products meant for human use and consumption must ensure that their products are safe in their manufacture, design, and labeling. While many patients opt for a knee, hip, or ankle implant to ease their pain and function after an injury, the implants could malfunction and cause immense pain and inconvenience. If you have had a knee, ankle, or hip implant that failed and are dealing with pain, inflammation, or impaired motion, you can file a lawsuit against the manufacturers of these devices. To recover compensation for implant failure and its pain, you can file an individual lawsuit or join a mass tort against the product.
Filing a lawsuit against a major corporate entity like Exactech can be challenging. Mostly, the plaintiff will put up a fight by engaging top-notch corporate defense lawyers to protect the company’s interests. At Consumer Alert Now, we will help you understand more details on defective Exactech knee, ankle, and hip implants. Additionally, we can link you up with skilled attorneys who will help you join a mass tort and pursue the compensation you deserve for your injuries. Contact us today at 800-511-0747.