Exactech Implant Mass Tort Attorneys
If you received an Exactech implant and suffered adverse effects or required revision surgery, contact the defective medical device attorneys of Wallace Miller immediately. You might be entitled to compensation for your medical expenses and other incurred costs. We could represent you in a lawsuit or mass tort case against the negligent manufacturer. It is your right to hold the manufacturer liable for supplying a defective knee, ankle, or hip replacement device.
According to manufacturer recalls and reports received by the U.S. Food and Drug Administration (FDA), a flaw in the polyethylene liner for ankle and knee implants can lead to oxidation. Oxidation causes degradation of the implants, causing cracking or fracturing. Early device failure can result and cause bone loss, and revision surgery could be required.
At Wallace Miller, we know the importance of receiving a quality implant during joint replacement surgery. It should be solid and stable so you can live your life without worrying about the implant. When the device breaks down over time and causes problematic side effects, it can reduce your quality of life and create mobility issues.
You should not suffer the consequences of the manufacturer’s misconduct. Our Exactech implant mass tort attorneys are ready to help you pursue the compensation you’re entitled to for your injury. We will protect your rights during legal proceedings and fight by your side for the justice you deserve.
Call Wallace Miller today for your free consultation and learn more about our legal services and the options available to you.
Common Types of Medical Device Defects
Medical devices like Exactech knee, hip, and ankle replacement implants can contain defects that endanger consumers. Products are inherently unsafe for use when the manufacturer makes an error during the design, manufacturing, or marketing phase of production.
Three primary types of defects can exist in medical devices:
- Design defect – Design defects result from an error during the development, design, or planning phase of a product, making it inherently dangerous despite the product being correctly manufactured.
- Manufacturing defect – A manufacturing defect occurs when a flaw, problem, or error occurs during the manufacturing process. The product is inherently unsafe despite the consumer using it as intended.
- Marketing defect – A marketing defect, “failure to warn,” means the manufacturer does not provide clear instructions or adequate warning labels. The user must know how to use the product and understand the potential risks. If a manufacturer does not disclose the dangers, consumers can get hurt while using the product.
Product liability cases involve injured individuals holding manufacturers and sellers liable for the injuries their products cause. You could pursue legal action against Exactech, Inc. for the adverse effects of the implant you received.
The Exactech implant mass tort attorneys of Wallace Miller can review the circumstances of your case to determine whether you qualify for mass tort litigation.
How Joint Replacement Surgery Works
Ankle, knee, and hip replacement surgery are typically necessary when someone suffers from an injury, rheumatoid arthritis, osteoarthritis, or another medical condition that impairs physical functioning. Chronic pain and mobility issues can interfere with every aspect of a person’s life. Walking, standing up, sitting, and sleeping are no longer automatic and easy movements.
During joint replacement surgery, the surgeon removes damaged and diseased portions of the patient’s joint and replaces them with an artificial implant. The implant gets attached to the remaining healthy bone. A successful recovery allows patients to move around more freely. The implant can significantly improve the quality of life and eliminate any pain felt before the operation.
Reasons for the Exactech Implant Recalls
In August 2021, Exactech began recalling some of its knee and ankle arthroplasty polyethylene liners after receiving reports of degradation and early failure. The FDA initiated a Class 2 Device Recall due to the risk of adverse effects that require revision surgeries in patients with knee and ankle implants.
Exactech expanded the recall to all ankle and knee arthroplasty polyethylene inserts stored in non-conforming bags in February 2022. The company sent surgeons, medical providers, and hospitals notices about the issues its devices can cause patients. The notice included information regarding the vacuum bag defects and how they could potentially cause problems with the ankle, hip, and knee implants.
Even though the bags are supposed to be oxygen resistant, Exactech discovered they don’t contain a secondary layer of ethylene vinyl alcohol (EVOH). This type of material is supposed to protect the medical device from oxygen by creating a protective barrier. Without it, oxygen can get in and cause the materials on the implants to oxidize and degrade over time.
Recalled Knee, Ankle, and Hip Replacement Devices
Exactech released information regarding the recall of all ankle, knee, and hip implants at risk of degradation.
Hip Replacement Recalls
- Exactech MCS®
- Exactech Acumatch®
- Exactech Novation®
Knee and Ankle Replacement Recalls
- Optetrak® HI-FLEX® PS Tibial Inserts
- Vantage® Fixed-Bearing Liner Component
- Optetrak® All-polyethylene CR Tibial Components
- Optetrak®CR Slope Tibial Inserts
- Optetrak Logic® CR Slope Tibial Inserts
- Truliant® CR Tibial Inserts
- Optetrak® PS Tibial Inserts
- Optetrak Logic® CRC Tibial Inserts
- Truliant® CRC Tibial Inserts
- Optetrak Logic® CR Tibial Inserts
- Optetrak Logic® CC Tibial Inserts
- Optetrak® All-polyethylene PS tibial Components
- Optetrak Logic® PS Tibial Inserts
- Optetrak Logic® PSC Tibial Inserts
- Truliant® PSC Tibial Inserts
- Optetrak® CR Tibial Inserts
- Truliant® CR Slope Tibial Inserts
- Truliant® PS Tibial Inserts
If you suffered injuries after receiving any hip, knee, or ankle replacement device included in the manufacturer recall, do not hesitate to contact Wallace Miller.
Common Complications of Defective Implants
A range of complications can result from the degradation of a knee, ankle, or hip replacement device, such as:
- Device failure
- Bone cell disintegration
- Bone loss
- Corrective revision surgery
- Loosening of the implant
- Cracked or fractured components
- Accelerated wear debris production
The most commonly reported side effects of replacement surgery with a recalled device include:
- Inability to bear weight
- Synovial membrane inflammation
- Grinding or other noises caused by the loosening of the device
- New or worsening pain
- Unstable knee or ankle
- Osteolysis of the bone
If you experience any unusual symptoms after a hip, ankle, or knee replacement surgery, seek immediate medical treatment. You should also reach out to Wallace Miller so one of our Exactech implant mass tort attorneys can investigate and determine whether you have a case to pursue.
Compensation for Defective Implant Injuries
You can file a lawsuit against Exactech for your injury or complications from the defective implant you received. You might be able to join a mass tort case if you meet specific requirements. During mass tort litigation, multiple plaintiffs can combine their lawsuits into a single action to bring against the same defendant.
The compensation awarded by the court isn’t the same for each person. Typically, the amount of money each plaintiff receives depends on the unique circumstances of their cases. It wouldn’t make sense for two plaintiffs to receive the same monetary award if one suffered only minor pain and the other experienced a total loss of mobility.
The compensation you recover might compensate you for losses, such as:
- Loss of enjoyment of life
- Medical bills
- Out-of-pocket expenses
- Lost wages
- Lost earning capacity
- Emotional distress
- Pain and suffering
You might also receive punitive or exemplary damages. This type of compensation punishes the defendant and is meant to prevent them from committing similar actions in the future. State law typically requires clear and convincing evidence of the defendant’s negligent or egregious misconduct to recover this financial award.
Statute of Limitations for Medical Device Defects
You could sue the manufacturer for your injury but must follow a specific timeframe defined by a statute of limitations. The statute of limitations for cases like this varies from one state to the next. The law where you live will determine how much time you have to file your lawsuit against Exactech for compensation.
For example, if there the statute of limitations in your state dictates a two-year period, you must initiate your lawsuit within two years from the date of your injury due to the defective implant. Once two years pass, you could lose your right to pursue compensation.
Wallace Miller knows state laws and can determine the amount of time allowed for you to pursue a lawsuit against the negligent manufacturer. We will make sure to prepare your case and file your lawsuit before time runs out.
Wallace Miller believes in fighting for the rights of our clients. You deserve to hold the manufacturer accountable for the harm they caused. They provided a defective medical device and should face the consequences of their misconduct. You can count on us to help you pursue the compensation you deserve so you can pay for your medical treatment and other expenses.
Our Exactech implant mass tort attorneys understand the financial strain of seeking medical care while taking on a legal case. The costs can be expensive and lead to debt if you can’t afford to pay. We take cases on contingency, so you don’t have to worry about upfront fees or costs. We don’t collect any of our legal fees unless we recover compensation for our clients.
If you experienced complications or injuries from a defective Exactech implant, call Wallace Miller right now for your free consultation at (312) 261-6193. Let us help you get on the road to recovery.