Talk to our Attorneys about an Exactech® Knee or Exactech Hip Lawsuit
When you had that knee replaced, you likely expected your movement would improve and pain would decrease. Most important, you likely assumed your knee implant would last. Our Exactech knee lawyer knows that, unfortunately, that ideal outcome isn’t always what happens. If you believe you may have reason to pursue an Exactech lawsuit, we can help.
The number of knee replacement surgeries has exploded since the first procedure was done more than 40 years ago. When a device is safe and reliable, knee replacement recipients typically gain 15 to 20 years of future pain-free mobility. However, if the replacement device is defective and fails, as did the Exactech Optetrak® knee replacement device, a variety of complications can occur. Arising anywhere from shortly after the procedure to months or years later, complications include weakening, loosening, or total failure of the joint, fractures and dislocation, as well as bone, muscle, and nerve damage. Patients may require corrective surgery to have the defective part replaced.
Did You Have Exactech Knee Revision Surgery?
No one wants to undergo painful knee surgery a second time, as recoveries are long and painful and the potential for further complications is real. If you or a loved one underwent revision surgery after an Exactech Optetrak knee replacement in 2000 or later, or if you are scheduled for one, you may be entitled to compensation.
Why You Need a Skilled Exactech Knee Replacement Lawyer on Your Side
Large medical device companies like Exactech and their insurers have powerful lawyers on their side to fight claims, and product liability laws are complicated, so compensation is not something you should attempt to fight for on your own. The seasoned defective product device lawyers at Terry Bryant Accident & Injury Law have more than 35 years of experience fighting for injury victims, and we are here to hold companies responsible for the harm they cause our clients. We know the laws and the system, and can take care of investigations, legal hurdles, and negotiations involved in getting you the compensation you deserve, so you can concentrate on your recovery.
We offer a free consultation to discuss the facts of your case and determine the best way to move forward. We’re available 24/7 to help protect your rights, and there are no fees to you unless we win.
You’ve suffered enough. Get justice and the compensation you deserve. Don’t delay, call us today to get started at 713-973-8888 or toll-free 1-800-444-5000.
Our Attorney for Exactech Knee Replacement Can Help You Get Compensation
An Exactech Lawsuit Can Hold Negligent Parties Responsible
Dangerous or defective medical devices like Exactech can result in a product liability claim if a person who undergoes surgery or uses a medical device is injured or dies as a result. There are multiple reasons why defective devices cause harm and multiple parties who may be held liable in a lawsuit. Medical device defects can be due to manufacturing defects, design defects, improper labeling, improper warnings about how the device should be used and problems that may result, and marketing strategy that pushes defective products.
In many cases, the manufacturers are at fault, either because they knew their products could potentially be harmful but didn’t do anything about it or they deliberately withheld this information. When the manufacturer knew of and concealed dangers to the public, failed to warn about risks, failed to provide information about risks to the FDA, or did not use an available safer alternative, the manufacturer could be held liable in a lawsuit.
In some cases, there might have been inadequate testing of a device, or sales and marketing strategies that were less than honest. There are also cases where the medical professionals involved were negligent in not doing their research on the product’s safety or in their installation of the device.
Liability for a medical device’s defect could, therefore, rest with any party in the product’s chain of distribution — from the time it was designed and manufactured to the time it was given to you — including:
The product’s designer
The product’s manufacturer or manufacturer of component parts
The wholesaler and salesperson who sold the product
The medical professional who recommended and installed the device.
In the case of Exactech, lawsuits have claimed that Exactech, Inc., the device manufacturer, knew or should have known that its knee implants were failing at an unreasonable rate. The company should have warned patients and/or the medical community, yet they failed to do so.
No matter what caused your injury, our attorneys will work to hold the responsible parties liable so that you receive compensation for your losses and damaging devices can be taken off the market, preventing similar injuries in the future.
Call Terry Bryant today at 713-973-8888 or toll-free 1-800-444-5000.
Why Choose Us?
Learn Why Working with Terry Bryant Will Help Your Case
There are many attorneys out there, and not all of them are equal, so you should do careful research when deciding on who you want to represent you in a lawsuit. It’s important to hire a lawyer who has experience in defective medical devices and the resources to handle your case against giant corporations who will fight you.
We believe there are some very good reasons to choose Terry Bryant Accident & Injury Law to represent you. Here are some of them:
We have won more than $1 billion dollars in gross recoveries for our clients since 1985.
We have over 35 years of legal experience helping injury victims get compensation.
We get results – even if we can’t guarantee the outcome of any specific claim.
We are available for client emergencies 24/7.
We treat our clients like family, and we have a 98% approval rating in online reviews.
We have a handpicked team of lawyers and support staff.
We offer free initial consultations to get you started.
When you have our team on your side, we will get to work for you immediately, conducting investigations and gathering evidence, examining medical records, hiring expert witnesses to testify on your behalf, preparing presentations, dealing and negotiating with corporations, insurance companies and their attorneys, and building your case and taking it to trial if necessary. Our team will keep in close contact with you throughout the entire process, keeping you informed and making sure all your questions are answered.
Damages You May Receive in a Defective Medical Device Lawsuit
You May Receive Compensation for Both Economic and Non-economic Damages
In general, the law requires that a product meet the ordinary expectations of the consumer. When a product has an unexpected defect or danger, the product cannot be said to meet these expectations, and you may pursue a lawsuit for the damages you received as a result.
As early as 2017, there were lawsuits filed over Exactech knee implants, which indicated that there were alarming rates of adverse event reports being submitted to the FDA. These resulted in what some said was a “silent” Exactech knee recall when the company began slowly and quietly replacing the tibial trays of some Optetrak models.
A successful defective medical device lawsuit should provide compensation to you and your family for losses that include both your economic damages and non-economic damages, as follows:
Economic damages – These are for losses that have a specific dollar amount, including:
lost wages and earnings from being unable to work, current, and future
costs of continuing care
costs of modifications to a home, such as to accommodate a wheelchair
Noneconomic damages – for damages that don’t have a specific monetary value but negatively impact your life, such as:
pain and suffering
emotional and mental distress and anguish
loss of companionship or consortium
Punitive damages – In some rare cases, punitive damages may also be awarded. These are intended to deter such behaviors in the future and to punish a defendant who acted in an especially reckless or egregious manner, including showing actual malice or a wrongful or evil motive to injure or kill another.
Amounts of Damage Awards in an Exactech Case
There is a wide range of damage amounts that may be awarded in a successful personal injury/product liability lawsuit. As an example, prior knee replacement settlements have ranged between $50,000 and $500,000, with some substantially larger for extraordinary injuries. Settlement amounts vary depending on factors that include:
The severity of your knee injury and whether it can be successfully corrected
Whether you need additional surgery
Costs of medical treatment and anticipated costs in the future
Your age, lifestyle, and family situation
Lost wages and earning capacity
Amount of pain, suffering, inconvenience, and loss of enjoyment of life
The skill of your attorneys to negotiate and present your case.
To win your Exactech lawsuit, your attorney would have to prove that . . .
The parties you are suing owed you a reasonable duty of care (such as to manufacture and sell a safe product).
They breached that duty of care.
You received injuries or damages as a result.
Our team at Terry Bryant Accident & Injury Law have the experience and knowledge to get you optimum compensation. Don’t delay in getting the best possible outcome available to you.
Our team will dedicate ourselves to getting you all the compensation you deserve for your damages. We are particularly interested in cases with the following:
The defective device is identified as Exactech brand.
It was implanted in the year 2000 or later.
You had a revision to your implant within 7 years of the initial implant.
And, for Exactech hip replacements, in particular, we would like to hear from you if . . .
You had a total hip replacement between 2009 and June 2021.
An Exactech Total Hip System was used.
Yours has an Exactech Connexion GXL Acetabular Liner.
You developed loosening of the joint.
You develop osteolysis.
Your implant failure required an additional surgery within 7 years of the initial implant.
Not sure if your Exactech implant fits these criteria?
Give our team a call to discuss your situation and learn whether you have cause to pursue an Exactech lawsuit. It’s important to call us quickly to ensure you can join this class action case.
Frequently Asked Questions About Exactech Lawsuits
Here Are Some Common Questions Our Exactech Lawyers Get Asked
Anyone suffering complications from a defective medical device, is bound to have questions and concerns. While your questions are best answered at your free consultation, our attorneys are aware that it’s best to be as informed as possible. To get started, here are some answers to some of the most common questions we receive.
How long do you have to file a lawsuit?
In Texas, there is a deadline, called a statute of limitations, for filing claims for personal injury and product liability cases. According to the law, (Tex. C.P.R.C. Section 16.003) you must generally file your case not later than two years after the day the injury occurred or you knew or should have known you were injured, with limited exceptions. *Always speak directly to an attorney for the exact deadlines that apply to your specific claim(s).
Should I speak to the insurance company?
No, the less you say to insurance companies the better. Insurance companies are not out to help you – they are concerned with their bottom line. They will often deny claims or try to get you to settle for less than your case is worth. Tell the insurance company to speak to your attorney specializing in Exactech and medical device cases. Let our lawyers deal and negotiate with them.
How do I know my Exactech device is defective?
When you have an Exactech knee or hip replacement installed, it may take time before you are aware that it is defective. Even if the Exactech device you have is recalled, you may not be aware that you have been harmed. If you have had a recalled device implanted, or if you even suspect you have been injured, you should see your doctor and consult an attorney. Our attorneys will review your medical records, FDA alerts, and relevant medical studies by medical experts to discover if your medical device is likely to be causing your symptoms.
Symptoms of implant failure include:
Knee pain, swelling, heat, or warmth around the knee joint
Instability when standing, or feeling like the knee is going to give
Inability to put weight on the knee
Popping, clicking, or crunching sounds
Decreased range of motion, stiffness
Need for unnecessary corrective surgery.
What happens when a defective device is recalled?
One sign that your device is defective is if it is recalled by the U.S. Food & Drug Administration (FDA). When the FDA recalls medical devices, one of two things happens. There can be a correction, which means the medical device issue must be fixed where it is used or sold. There can also be a removal of the medical device. If devices have been shown to be a health risk or a known defect, the FDA will take them off the market.
In addition, manufacturers and distributors can issue a voluntary recall if they learn that there is an issue with their device.
Recalls have different levels of severity as follows:
Class I recall — The device could cause significant health problems or fatalities.
Class II recall — The product can cause serious health problems, but they may be reversible.
Class III recall – There is a small chance that the product will cause health issues.
Exactech knee replacement devices are a Class II recall, since the knee can usually be replaced through a second replacement surgery. Exactech, therefore, often tells injured patients that the company will cover out-of-pocket medical costs, but you should consult our attorneys before signing or agreeing to any type of compensation from Exactech. You may be signing away your rights to fair compensation for additional damages for the pain and suffering you received.
What does it cost to hire a defective Exactech knee or hip device lawyer?
The good news is that it doesn’t cost anything up front to hire our Terry Bryant Accident & Injury lawyers. We charge you no fees at all unless and until you win your case, and then fees are taken out of the settlement. We do everything possible to make it easy and stress-free to begin your claim right now.
Call us now to have all your questions answered and get started on the road to fair compensation.
Our Exactech Lawyer Explains Problems with Exactech Devices
Since its FDA approval in 1994, the Exactech Optetrak knee replacement system has undergone several revisions, all approved through the FDA’s 510 (k) “fast track” program. But in 2017, a product liability lawsuit was filed by a patient in Georgia, alleging a design defect in one of the company’s revisions of what was previously a very stable and reliable apparatus. Now, other allegations of similar failures in units from that same redesigned lot are coming to light. The problem with this version of the Optetrak device appears to be connected to the use of a finned tibial tray component which leads to operational failure and necessitates risky revision surgery.
On August 31, 2021, Exactech issued a recall of knee replacement devices already implanted into patients’ bodies. The company stated that the plastic which acts as cartilage, or a cushion, between the metal components of the new knee joint wears out and degrades much faster than expected. The problem seems to be caused by lack of proper sealing of the implants prior to implantation. As a result, the plastic components were exposed to oxygen and went through a chemical reaction called “oxidation.” This chemical reaction weakened the plastic components, making them more likely to crack, break, release plastic into the body, and injure patients.
When this happens, patients often require the replacement of a failed total knee implant with a new knee implant. This involves surgery to take out the bad original knee implant and then insertion of a new knee replacement, subjecting the patient to pain, long recovery time, and the possibility of infections and further surgery.
When you have to suffer based on a faulty or defective medical device, you should be entitled to compensation, and our Terry Bryant Accident & Injury attorneys are fully prepared to help.
Problem with an Exactech Hip Replacement?
Our Exactech Hip Replacement Lawyer Can Help with an Exactech Hip or Other Joint Replacement Lawsuit
The Optetrak knee replacement is just one of many devices which were accelerated through the FDA 510(k) program. Medical device manufacturers use (many say abuse) this premarket program which allows them to bring a device to market with limited testing if there is already a similar product on the market. Yet it turns out that over the years many faulty replacement knees and other defective surgical devices have been fast-tracked through 510(k), with outcomes that were not altogether positive.
Though 510(k) can benefit patients when reputable medical devices are brought to market faster than usual, premature release of less-tested medical technology brings unnecessary pain and other forms of needless suffering to surgical patients who must undergo additional replacement surgeries.
Many knee replacement devices approved through 510(k) are failing in alarming numbers and exposing an institutional flaw in the FDA’s medical device approval process. These manufacturers deserve a large helping of blame for abusing what was meant to be a process to speed healthy recoveries. Some critics go even further, claiming such manufacturers view 510(k) as a way to dump substandard devices on an unsuspecting public.
As a result, any Exactech replacement product for knees, hips, shoulders, or ankles that is identified as Exactech, and was implanted in or after the year 2000 may be eligible for a lawsuit if the devices required revision within 7 years of the initial implant.
For example, one Exactech device that has had problems is the Exactech Connexion GXL Acetabular Liner, which is used for total hip replacement. Patients who received Total Hip Replacement Surgery between 2009 and June of 2021 have developed loosening, steolysis, or other implant failure resulting in the need for additional revision/replacement surgery.
If your revision surgery occurred within 7 years of the implant, you may be entitled to compensation through an Exactech hip replacement lawsuit.
Call Our Attorneys for Help with Your Exactech Case
Don’t let time run out on you. An Exactech defective device attorney from Terry Bryant Accident & Injury Law can look at the circumstances of your injury, advise you whether you might have a lawsuit, and determine the best way to proceed. We will also explain your options for joining a class action lawsuit if that is a possibility. A class action suit is a legal claim brought by a large group of people who have been harmed by the same defective medical device.
If you or a loved one underwent revision surgery after an Exactech Optetrak knee replacement (or any defective knee replacement device), or if you are scheduled for one, contact the accident and injury law office of Terry Bryant now. With more than 35 years of experience fighting for injury victims, you can trust our seasoned lawyers to help. We’re available 24/7 to help protect your rights.
Get Help Now 713-973-8888 or 1-800-444-5000
Attorney Terry Bryant
Terry Bryant is Board Certified in personal injury trial law, which means his extensive knowledge of the law has been recognized by the Texas Board of Legal Specialization, setting him apart from many other injury attorneys. The 22 years he spent as a Municipal Judge, Spring Valley Village, TX also provides him keen insight into the Texas court system. That experience also helps shape his perspective on personal injury cases and how they might resolve. This unique insight benefits his clients. [ Attorney Bio ]
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