The Exactech multidistrict litigation (MDL 3044) has grown to 1,770 pending cases in the U.S. District Court for the Eastern District of New York. On October 20, a stay on a transfer order was lifted, allowing 20 additional cases to be added to the MDL. No trials or settlements have been reached yet in this litigation.
December 2024 Update
The Exactech implant litigation (MDL 3044) has grown to 1,806 cases, with 36 new lawsuits added in recent months. However, the company recently filed for bankruptcy, triggering an automatic stay on most lawsuits, which means further legal proceedings are paused until special court permission is granted. A bankruptcy status conference is scheduled for January 2025, with the court expected to address the impact on ongoing claims, while Exactech disputes the allegations despite acknowledging the financial strain caused by the litigation.
You May Be Eligible for Exactech Lawsuit
According to the FDA, Exactech had to issue a recall on its products because roughly 80% of knee, hip, and ankle devices manufactured since 2004 were packaged in defective bags. Devices that were stored in these bags were subject to increased oxidation, which in turn led to quicker deterioration. As the knee, hip, and ankle devices deteriorated, they were linked to significant problems in patients, which often led to needing additional surgeries.
Receivers of these defective devices who began experiencing negative health effects are now filing lawsuits against Exactech, hoping to receive financial compensation and justice. If you or a loved one is experiencing health complications due to a defective Exactech implant, you can join thousands of others who are seeking to obtain relief.
Exactech Lawsuit Updates
Is there an Exactech knee, hip, or ankle replacement lawsuit?
Yes, there are currently lawsuits against the medical device company Exactech. Exactech recently recalled thousands of their knee, hip, and ankle implants due to these implants failing prematurely. As a result, many people who received an Exactech implant are now either experiencing negative symptoms or need to receive another surgery. To receive compensation for their pain and additional medical bills, victims have filed lawsuits against Exactech. This is a common practice, as many people who experience complications due to a defective medical device often sue the manufacturers, such as hernia mesh lawsuits.
Exactech knee, hip, and ankle replacement uses
Surgeons use implants to repair knees, hips, and ankles. Over time, joints can begin to develop arthritis, which is the inflammation of a joint. When this happens, the person may experience pain or stiffness in that joint, which can gradually worsen over time. In addition, some people also injure their joints, either through physical activity or an accident. For example, someone may fall on a slippery surface and injure their hip.
Whether it’s through wear and tear over time or an injury, when a joint starts to cause pain, one option is to surgically repair it with an implant. The medical device company Exactech creates implants for knees, hips, and ankles, among other products. A surgeon may recommend getting surgery, during which they would remove the injured or worn-down joint and replace it with an implant. When performed successfully, these implants can often last for several years, relieving the patient of pain and allowing them to resume their normal activities.
Exactech knee, hip, and ankle implant recall history
Exactech first issued a recall back in June 2021 for its Connexion GXL hip device. The company did so after discovering that the packaging for this implant was causing oxidation, which led to premature wear. After that, in August 2021, Exactech expanded its recall to include its knee and ankle anthroplasty polyethylene inserts. At this point, Exactech only recalled select devices based on specific labels and shelf-life parameters. However, in February 2022, Exactech expanded the recall to include all knee and ankle anthroplasty polyethylene inserts.
Several months later, in August 2022, Exactech sent out an Urgent Dear Healthcare Professional (DHCP) notice worldwide. This notice warned surgeons of additional risks associated with their hip liners, including premature wear, that were not included in the original recall. This expanded the scope of the recall back to 2004, rather than the original date of 2015.
List of recalled Exactech products
There are now multiple products, created by Exactech, that have been issued recalls. Included in these recalls are Optetrak, Optetrak Logic, Truliant, and Vantage products made by Exactech, along with Connexion GXL liners found in several hip implant products. The complete list of recalled ankle and knee products is as follows:
- Optetrak All-polyethylene CR Tibial Components
- Optetrak All-polyethylene PS Tibial Components
- Optetrak CR Tibial Inserts
- Optetrak CR Slope Tibial Inserts
- Optetrak PS Tibial Inserts
- Optetrak HI-FLEX® PS Tibial Inserts
- Optetrak Logic CR Tibial Inserts
- Optetrak Logic CR Slope Tibial Inserts
- Optetrak Logic CRC Tibial Inserts
- Optetrak Logic PS Tibial Inserts
- Optetrak Logic PSC Tibial Inserts
- Optetrak Logic CC Tibial Inserts
- Truliant CR Tibial Inserts
- Truliant CR Slope Tibial Inserts
- Truliant CRC Tibial Inserts
- Truliant PS Tibial Inserts
- Truliant PSC Tibial Inserts
- Vantage Fixed-Bearing Liner Component
In addition, the following products use the recalled Connexion GXL liners:
- Exactech Acumatch
- Exactech MCS
- Exactech Novation
Exactech recall lawsuit history
Lawsuits against Exactech over their defective knee, hip, and ankle implants began to appear in 2022. In June 2022, several Exactech knee implant recall plaintiffs filed a motion for a new class action lawsuit with the Judicial Panel on Multi-district Litigation(JPML). According to the motion, there were 27 cases pending at the time in 11 different federal districts.
On Oct. 11, 2022, the JPML consolidated all of the Exactech joint replacement lawsuits into a new class action MDL (multi-district litigation). Now, all lawsuits related to the recall of Exactech implants will be centralized in the Eastern District of New York. Judge Nicholas G. Garaufis will oversee this MDL.
At the same time the MDL was gaining approval, there were also a wave of new cases being filed. Between June 1 and the creation of the MDL, there were 75 new recall lawsuits filed. In the month following the creation of the MDL, another 50 suits were filed in Florida, where they were consolidated into a state version of an MDL class action. This means that there is now a federal MDL established in New York, along with a state MDL in Florida.
As of May 2023, these MDLs continue to proceed. Recently, the MDL in Florida hosted a “Science Day”, in which the parties involved provided scientific and technical details to the judge overseeing the case. In addition, the federal MDL continues to grow, with more than 370 cases now pending. The latest update saw the judge for the federal MDL issued a Case Management Order, which established some rules for preserving evidence. Soon, some bellwether cases should get underway, which will give all parties involved a better sense of how juries will view the evidence of the case.
Exactech knee, hip, and ankle replacements linked to health complications
There are several health issues related to the recalled Exactech implants according to the FDA. If you have a faulty Exactech hip, knee, or ankle replacement product, some symptoms you might experience include:
- An inability to bear weight on the joint
- New or worsening pain
- Instability within the knee, hip, or ankle
- Noises coming from the joint, such as clicking, popping, or grinding
- Swelling around the affected joint
- Joint dislocations
- A need for revision surgery
- Bone degeneration (or osteolysis)
- Complete device failure
If you’re experiencing any of the symptoms above, speak with your doctor. They can diagnose the situation and determine whether a faulty implant is the cause of your symptoms.
Exactech knee, hip, or ankle replacement projected settlements
As of this writing, there are no Exactech recall settlements yet. This makes it harder to determine projected settlement amounts for future cases. There are also several factors that can impact a settlement amount, such as the severity of the health complications and the type of replacement implant you received. However, we can make estimates based on similar cases. Based on other tort cases involving knee and ankle injuries, we expect Exactech lawsuit settlements to come in around $100,000 to $250,000.
Do you qualify for an Exactech knee, hip, or ankle replacement lawsuit?
You or a loved one may be able to file an Exactech lawsuit if you meet certain eligibility requirements. For one, you or your loved one must have an Exactech hip, knee, or ankle implant that was recalled. In addition, you must be suffering from side effects as a result of having an Exactech implant. Finally, if you needed revision surgery. If you have revision surgery scheduled, you may be eligible for an Exactech recall lawsuit. To learn more about whether or not you qualify for an Exactech recall lawsuit, consult with a lawyer.
How to file an Exactech knee, hip, or ankle replacement lawsuit
To file an Exactech knee, hip, or ankle recall lawsuit, consult with an attorney. An attorney will conduct a case review, during which they will determine your eligibility for a lawsuit. If they determine that you have sufficient cause to file a lawsuit, they will then help you gather the evidence you need to build your case. From there, your lawyers will work alongside you to help you receive the financial compensation you deserve, walking you through each step of the legal process.
Is there an Exactech Lawsuit filing deadline?
Yes, there are deadlines if you wish to file an Exactech recall lawsuit. The deadline depends on when you received your surgery and statute of limitations in your state. Each state has its own statute of limitation laws, which determine how long after an event someone can file a lawsuit. This is why, if you think you might be eligible for a lawsuit, you contact a lawyer as soon as you’re able. Once the statute of limitations passes in your state, you won’t be able to take legal action and receive the financial compensation you deserve.
Exactech Lawsuit Timeline:
November 2023: The MDL Judge ordered Exactech to produce 35,000 documents that were previously withheld. Exactech filed a motion to reconsider this order.
October 2023: The total pending case count in the MDL reached 842 by mid-October. A joint status report revealed 984 cases pending in the MDL, with an additional 327 cases pending in Florida state courts. Discovery disputes emerged regarding Exactech’s refusal to produce certain documents.
September 2023: The class action MDL involving recalled joint implants gained momentum, with 658 pending cases by mid-September. A lawsuit under the False Claims Act alleged that Exactech defrauded the federal government by selling defective knee replacement implants to Medicare, Medicaid, and VA.
August 2023: The Exactech implant recall class action became the busiest mass tort MDL in the country, nearly doubling in size over 30 days (about 4 and a half weeks) to 567 cases. The Florida state courts had another 272 pending cases.
July 2023: Four additional cases joined the MDL, bringing the total to 395.
June 2023: The most recent status conference was scheduled for this month, with 391 cases pending.
May 2023: There were 373 Exactech lawsuits pending in the New York MDL.
March 2023: The FDA reminds medical providers and the public about defective packaging for many of Exactech’s joint replacement devices manufactured between 2004 and August 2021, which could lead to early degradation of the devices.
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