Exactech Lawsuit

Exactech Knee Lawyer

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.

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:

• medical and rehabilitative bills
• 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
• disability
• disfigurement

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.

Exactech Cases We Handle

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.

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.