Exactech, a medical device manufacturer based in Gainesville, Florida, is currently facing numerous lawsuits due to alleged defects in their hip, knee, and ankle replacement devices. These claims have surfaced following revelations that defects in packaging dating back to 2004 may have compromised the safety and effectiveness of these implants. According to Forbes.com, these are updates on the Exactech hip / knee lawsuit 2024.

The Root of the Problem:

Exactech’s joint replacement devices, specifically those manufactured between 2004 and August 2021, were packaged in bags lacking an essential oxygen barrier layer. This oversight led to oxidation of the plastic components, which can cause the devices to crack, fracture, or fail prematurely. As a result, recalls were issued in 2021 and 2022, impacting a significant range of Exactech’s products.

Understanding Exactech’s Legal Challenges:

Over 1,100 patients have initiated legal action against Exactech, seeking compensation for injuries and complications attributed to these defective devices. The core of these lawsuits lies in the defective packaging, which allowed excessive oxygen exposure, leading to the degradation of implant materials and subsequent failures.

Historical Context and Current Litigations:

Even before these issues came to light, Exactech faced legal troubles, including lawsuits over problematic knee replacements provided to VA, Medicaid, and Medicare patients and a settlement with the Department of Justice for $3 million in 2010 over bribery allegations. Today, the focus has shifted to the product liability lawsuits filed across the United States, consolidated into multidistrict litigation (MDL) in New York under Judge Nicholas G. Garaufis. These cases are set to establish precedents and potentially guide settlement negotiations.

Ongoing Recalls and Patient Impact:

Exactech has initiated multiple recalls affecting a wide range of its devices. These recalls began in June 2021 and have expanded several times to include nearly all devices manufactured since 2004 that used the faulty packaging. The most recent recall, as of January 2024, targets the AccuMatch Hip System, indicating ongoing issues with product safety.

Key Points of the Exactech Hip & Knee Replacement Lawsuits:

• Manufacturer Involved: Exactech, based in Gainesville, Florida.
• Product Concerns: Issues with knee, hip, and ankle replacement devices, primarily due to defective packaging.
• Timeframe Affected: Devices manufactured from 2004 to August 2021.
• Packaging Defect: Absence of an oxygen barrier in packaging bags, leading to oxidation and potential device failure.
• Recall History:
  • June 2021: Initial recall of some hip replacement devices.
  • July 2021: FDA classifies this as a Class II Recall.
  • August 2022: Expansion to include all hip devices with polyethylene components.
  • September 2022 & February 2022: Further recalls involving knee and ankle replacements.
  • January 2024: Latest recall of the AccuMatch Hip System.
• Legal Actions:
  • Over 1,100 lawsuits filed.
  • Multidistrict litigation consolidated in New York.
  • Ongoing status conferences to manage the case.
• Plaintiff Eligibility: Patients who used Exactech devices post-2004 and suffered complications.
• Potential Compensation: Can cover medical bills, lost income, pain and suffering.
• Legal Assistance: Essential for navigating claims and understanding rights under product liability laws.

Who Can File a Lawsuit?

Patients who have had knee, hip, or ankle surgeries using Exactech devices manufactured post-2004 and have since experienced complications might be eligible to file lawsuits. These claims generally fall under product liability law, which holds manufacturers accountable for injuries caused by their products.

Navigating Your Legal Rights:

For those affected, it’s crucial to understand the available legal avenues. Joining the MDL or pursuing individual claims might offer a pathway to compensation for medical expenses, lost wages, and other damages. As these cases progress, potential settlement amounts could range significantly, depending on the severity of the injuries and the specific details of each case.

Final Thoughts on Exactech Lawsuits:

With no trials scheduled yet and the litigation still gathering momentum, those impacted by Exactech’s products should seek expert legal advice. Understanding your rights and the nuances of product liability law is essential for those looking to recover damages.

For personalized guidance and expert representation in Exactech hip and knee replacement lawsuits, contact MacCloskey Kesler & Associates at 815.965.2000 or visit our Product Liability service page. Our experienced legal team is ready to help you navigate these complex legal waters and work towards securing the compensation you deserve.