Patients needing hip, knee, or ankle replacement between 2004 and 2021 may have received Exactech joint implants. Many of these devices fail early, requiring additional surgeries. It is imperative that you contact an experienced mass torts attorney to help you understand your options for pursuing a claim when you have been impacted by this defective implant.
Patients affected by these defective products are suing the manufacturer in multidistrict litigation (MDL), also called a mass tort. If you received an Exactech artificial hip, knee, or ankle component, you may be eligible to join the Exactech lawsuits. Our legal professionals at Fleschner, Stark, Tanoos & Newlin could help you explore your legal options and advocate for you during this difficult time.
The Exactech products that are the subject of the lawsuits are all made of plastic with a polyethylene liner. According to the manufacturer, between 2004 and 2021, the devices were packaged in a way that allowed contact with air. This contact degraded the polyethylene before the device was implanted and led to a quick erosion of the liner once it was implanted. Many of these defective devices were recalled.
Artificial joints should last ten years or more, depending on the joint. However, the Exactech implants failed within several years of implantation. Patients then required joint revision surgery, which entails removing the implant and replacing it. This procedure is grueling and requires a longer recovery than an initial joint replacement surgery.
In addition, the degraded polyethylene can cause bone death, which may complicate joint replacement because the joint must attach to bone. This condition, called osteolysis, is progressive. Patients who experienced bone loss due to the defective implant are likely to continue to sustain severe symptoms like pain, joint instability, and inability to bear weight on the affected leg.
Patients who sustained financial losses or health impacts due to the premature failure of their Exactech implants or developed osteolysis after receiving one are suing the manufacturer for damages. They allege the products were defective, and the company is liable for their losses because it did not promptly remove the products from the market and did not provide adequate warnings about the defects and their potential consequences.
As of early 2024, over 1,200 people had filed lawsuits against the manufacturer nationwide. Because many people filed suit and made similar allegations against the manufacturer, the court consolidated them for the sake of efficiency. This is called multidistrict litigation or a mass tort. The process is in its early stages, and our attorneys are still accepting cases to participate in the lawsuits for Exactech.
The parties will choose several people to present their cases in trials. These are called bellwether cases because they test the parties’ evidence and provide information about how juries perceive the case. If the bellwether cases result in jury verdicts for the people bringing the claim, the manufacturer typically agrees to settle all the cases. Each person will then receive compensation based on their provable losses.
Eligibility to join the lawsuits for Exactech depends on the date a patient received an Exactech product and the model of the product implanted. A person who had one or more revisions before receiving an Exactech device might not be eligible. A patient who received one of the devices but did not experience premature device failure or other complications also might not qualify to participate. A seasoned attorney could evaluate whether a patient meets the criteria for participation in the lawsuits.
The following Exactech devices were recalled and are now the subject of litigation:
Anyone who believes they received a recalled device should contact their surgeon and confirm the model. Our well-versed attorneys could review the patient’s medical history and assess their eligibility to participate in the mass tort litigation. It is critical to consult an attorney immediately. The statute of limitations for Illinois and Indiana residents is two years from when the patient learned that their symptoms are related to the defective device.
Many patients who received an Exactech joint component are experiencing premature device failure and other serious complications. They are suing to hold the manufacturer liable for their losses.
There is still time to join the Exactech lawsuits, which is more efficient and less stressful than bringing an individual claim. Discuss your situation with a practiced lawyer at Fleschner, Stark, Tanoos & Newlin today. We could set up an initial consultation at your convenience.
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The financial burden that often comes with a serious injury can be too much for many people to bear. Unexpected medical debt, damaged personal property, and the sudden loss of income can impact the budgets of most families. The good news is that a successful injury claim could help reduce that financial strain after a serious accident. Get in touch with a Terre Haute personal injury lawyer with Fleschner, Stark, Tanoos & Newlin to learn more.
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