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“I appreciate all you’re doing and trying to do for me. I don’t think I’ve ever talked to a nicer attorney than Mike, and his assistant. You’re real nice people. It really makes you feel better, even with all the problems I have.”
The product liability attorneys at Martin & Jones law firm have been representing patients harmed by defective medical devices for more 40 years. The law firm’s experienced defective medical device attorneys are investigating potential claims for patients who received implanted knee, ankle, and/or hip medical devices manufactured by a corporation called Exactech. The Exactech knee, ankle and hip medical devices were recalled due to a defect in the manufacturing process that can result in premature failure of the device components that have been implanted in patients’ bodies. Replacing the defective components would require additional surgical procedures to replace the defective component or device and the damage they may have caused.
Understanding the Exactech Implant Defect: What Lead to the Recall?
Exactech admitted that a faulty oxygen seal in its packing may have caused “oxidation” of the medical device’s polyethylene insert.
The oxidation is believed to cause the component parts of the affected devices to degrade over time prematurely and significantly. The degradation of the polyethylene insert can lead to fractures or cracks resulting in failure of the implanted medical device. It also appears that microscopic wear debris from the polyethylene liner can be toxic to tissue in the body. As the liner degrades, it releases wear debris into the joint space around the knee, ankle, or hip. That space contains soft tissue, muscles, and bone. If left untreated, the soft tissue, muscle, and bone can become necrotic and die. Bone death is called osteonecrosis. Loss of muscle and tissue can also cause instability and lead to joint dislocation. Osteonecrosis can also lead to implant loosening, subsidence, and malposition. Each of these conditions can make any revision surgery much more complicated and substantially decreases a patient’s chance of a good outcome from any revision surgery.
Exactech Joint Failure Symptoms:
- Instability and Balance Issues
- Pain and Swelling around the Joint
- Grinding, Popping or Clicking
- Inability to Bear Weight
- Loss of Mobility
- Osteolysis and/or Osteonecrosis (destruction of tissue and bone around the joint)
If you received an Optetrak, Optetrak Logic or Truliant knee replacement device between 2004 and 2022, you may be entitled to financial compensation. Exactech has found that the plastic tibial insert wears earlier than expected in some patients, leading to serious complications and a need for additional surgery. Determination of whether the plastic is worn requires radiographic imaging.
Which Exactech Implantable Devices are Dangerous?
Exactech has recalled knee and ankle implantable devices sold under the company’s Optetrak, Optetrak Logic, Truliant and Vantage brand names. In addition, the company has recalled hip implants that contain its Connexion GXL liners. If you received any of the following Exactech devices between 2004 and 2022, you should speak with an Exactech implant attorney about your legal rights:
Knee and Ankle Implants
- Optetrak All-polyethylene Tibial Components
- Optetrak HI-FLEX Tibial Inserts
- Optetrak Slope Tibial Inserts
- Optetrak Tibial Inserts
- Truliant Slope Tibial Inserts
- Truliant Tibial Inserts
- Vantage Fixed-Bearing Liner Components
Hip Implants
- Exactech Acumatch
- Exactech MCS
- Exactech Novation
How Do I Sue Exactech for a Defective Ankle, Hip or Knee Replacement?
If you have a claim against Exactech for a defective ankle, hip or knee replacement, you will need to hire a lawyer to file a lawsuit on your behalf. When you contact Martin & Jones about your case, our product liability attorneys will thoroughly assess your legal rights. If you have a claim, we will fight to recover just compensation for your losses. Our process for evaluating and pursuing Exactech recall lawsuits involves:
- Free Consultation – Every case starts with a free consultation. When you contact us regarding your claim against Exactech, we will schedule a time for you to speak with one of our lawyers in confidence. While we can schedule this appointment at your convenience, it will be best if you can talk with a lawyer as soon as possible.
- Gathering Evidence – If it appears that you may have grounds to file a lawsuit against Exactech, our lawyers will gather the evidence they need to pursue compensation on your behalf. This will involve working with your medical providers to obtain copies of your relevant medical records. It will also include working with you to calculate your financial and non-financial losses.
- Filing a Lawsuit – Once we have the evidence we need, we will file a lawsuit against Exactech. Your suit will include allegations and claims related to the specific type of defective ankle, hip or knee replacement device you received.
- Negotiating for a Fair Settlement – After filing your lawsuit against Exactech, our lawyers will begin negotiating for a fair settlement. Many claims are resolved through the settlement negotiation process. If Exactech makes an offer to settle your claim, we will review the offer with you in detail so you can make an informed decision.
- Going to Court if Necessary – Due to the number of claims the company is facing, Exactech may decide to force claimants to take their claims to court. If Exactech refuses to settle your claim for just compensation, our attorneys will be prepared to fight for your legal rights at trial.
How Can I Obtain an Exactech Settlement?
Even if you are clearly entitled to financial compensation for your defective ankle, hip or knee replacement device, there is no guarantee that Exactech will settle your claim. While most defective product cases settle out of court, companies and their defense lawyers evaluate all claims case-by-case.
To give yourself the best chance of obtaining a settlement, you will need to work with a team of experienced lawyers who are familiar with the claims against Exactech and who know how to use the available evidence to show that a judge or jury is likely to rule in your favor. If Exactech’s lawyers know they are likely to lose at trial, there is a much better chance that they will recommend a fair settlement.
FAQs: Exactech Ankle, Hip and Knee Replacement Lawsuits
What is Exactech?
Exactech is a medical device manufacturer headquartered in Gainesville, Florida. The company has hundreds of employees and manufactures a variety of different products. However, it is currently most well-known for issuing several high-profile recalls. This includes recalls of the company’s Acumatch, MCS, Novation, Optetrak, Truliant and Vantage ankle, hip and knee replacement devices.
Why Has Exactech Recalled Its Ankle, Hip and Knee Replacement Devices?
Exactech has recalled its ankle, hip and knee replacement devices due to concerns that these devices may degrade much faster than expected, potentially harming patients and necessitating replacement (or “revision”) surgeries. This degradation appears to be due to oxidation caused by improper packaging. Patients whose Exactech implants degrade may experience pain, clicking sounds, grinding sensations and various other symptoms. In addition, without timely replacement, defective Exactech devices may crack, fracture or release toxic particles into the body, and these failures may result in infections, muscle and tissue loss, nerve damage and bone death.
What Should I Do if I Have an Exactech Ankle, Hip or Knee Replacement Device?
If you have an Exactech ankle, hip or knee replacement device, you should consult with your doctor. Your doctor will be able to order scans to examine your Exactech implant and determine if (and when) revision surgery may be necessary. If you experience negative side effects or need revision surgery, you should also speak with an Exactech implant lawyer about your legal rights.
One thing you should not do if you have an Exactech ankle, hip or knee replacement device is provide any medical records or other information to the company. While it may be voluntarily compensating patients for certain out-of-pocket costs, many patients will be entitled to far more. Before you waive your rights and accept less than you deserve, you should seek advice from an experienced lawyer.
How Much Will I Receive if I Sue Exactech?
The amount of compensation you are entitled to receive for your defective Exactech ankle, hip or knee implant depends on your financial and non-financial costs. When you choose Martin & Jones to represent you, our product liability lawyers will work closely with you and your medical providers to ensure that we are seeking appropriate compensation for your current and future medical bills, lost earnings, pain and suffering, and other losses.
How Much Does it Cost to File an Exactech Lawsuit?
It costs nothing out-of-pocket to file an Exactech lawsuit. Our firm handles all cases on a contingency-fee basis. This means that we advance the costs of pursuing our clients’ claims, and we do not recoup our costs or collect any legal fees unless we help our clients recover all compensation to which they are entitled.
What Compensation is Available for the Potential Exactech Recall Lawsuit?
An Exactech knee, ankle, and hip recall legal claim could include the following:
- Medical treatment, including surgery costs, if your device failed due to a defect
- Medical expenses (past and future)
- Pain and suffering (past and future) resulting from injuries, treatment, and recovery
- Lost wages (past and future)
- Loss of earning capacity
- Loss of enjoyment of life (past and future)
- Possible other damages
Why is It Important to Contact an Exactech Implant Attorney?
There are strict time limits for making a legal claim for all damages to which you may have a right to recovery. Failure to timely file a claim may result in your claim being forever barred. Exactech has indicated that it will consider reimbursing injured patients for any “out-of-pocket-expenses” that the corporation determines are related to a product defect. The company has not offered to pay for all injuries and damages associated with its defective hip implants and knee implants.
We strongly advise you to talk to an Exactech implant attorney before you provide a statement and medical information to Exactech or its agents.
Martin & Jones attorneys have been helping victims of defective implants for decades. We have extensive experience with knee and hip implant recalls and lawsuits and have successfully recovered substantial settlements for clients. If you or a family member have a defective hip, knee, or ankle implant, call or contact our office for a free, no obligation consultation. Our attorneys work on a contingency fee basis and are paid out of the settlement we obtain.
For more details, view the Exactech recall letters:
- Exactech Doctor, Hospital, Care Provider Knee Recall Letter
- Exactech Knee Letter to Patients
- Exactech GXL Doctor, Hospital, Care Provider Knee Recall Letter
- Exactech Ankle Letter to Patients
Are You Suffering Due to a Defective Hip Implant? You May Be Entitled to Compensation
In February of this year, Exactech issued a recall of all hip (and other) inserts that have been manufactured since 2004. The reason for the recall is that they learned that most of their inserts had been packaged and shipped in materials that did not adequately guard against oxidation. In general, inadequate […]
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