Exactech Knee Replacement Attorneys in New York
Individuals who undergo total knee replacement surgery do so for various reasons. Knee pain from an accident or degenerative condition can impact your ability to perform everyday activities, perform job duties, and enjoy an active life in general. However, manufacturers who fail to design safe and dependable knee replacement products can make things worse for patients down the road.
Exactech is a prominent manufacturer of implants, instruments, and technologies for joint replacement purposes. Surgeons have commonly used the company’s products in knee replacement surgeries. However, Exactech recently issued a recall for thousands of polyethylene plastic inserts used in knee and ankle replacements due to concerns about the reliability and safety of the devices.
If an Exactech insert was implanted in your knee or ankle during replacement surgery and the device later failed, leading to corrective surgery, you could be entitled to pursue compensation from the manufacturer.
Medical product manufacturers like Exactech have a legal obligation to ensure that the products they market and sell are safe for use and will not harm patients. Exactech failed to uphold this responsibility, and if you suffered as a result of their negligence, then you deserve a chance to hold them accountable.
To bring a successful case, and potentially maximize your compensation, the New York product liability lawyers at Finz & Finz, P.C. highly recommend that you obtain legal representation. The costs associated with corrective surgery can place an enormous financial strain on you and your loved ones. You should not be responsible for any expenses resulting from your corrective procedure nor any other damages you incurred.
Finz & Finz, P.C. is committed to fighting for clients who have been harmed by negligent medical device manufacturers in New York and throughout the United States. Contact us today for a free consultation to speak with one of our lawyers and assess your legal options.
Why Was Exactech Knee & Ankle Replacement Recalled?
The polyethylene inserts manufactured by Exactech provide a cushion between the metal parts of knee and ankle replacements. Unfortunately, Exactech failed to store the polyethylene inserts properly. Out-of-specification packaging failed to protect the implants from exposure to oxygen, consequently causing rapid deterioration and failure of the devices.
According to the company, devices manufactured after 2004 were stored in out-of-specification packaging. Since 2004, approximately 147,732 polyethylene inserts have been implanted into patients in knee and ankle replacement surgeries.
Whistleblowers filed a federal qui tam lawsuit against the company, alleging that Exactech knowingly sold faulty polyethylene inserts and offered kickbacks to physicians to entice them to continue using the implants.
Exactech Knee Parts Failure
Numerous potential issues can be caused by an Exactech knee implant failure, including accelerated erosion of the insert, bone loss, polyethylene debris, and fractures or cracks in the device. Patients whose knee replacement inserts have begun degrading prematurely may experience swelling, pain, difficulty bearing weight, grinding, a lack of stability, and other side effects.
If your knee implant fails or fractures, you might need revision surgery to repair the damage. While no one wants to undergo a second knee replacement operation, corrective surgery is considered the appropriate remedy for patients experiencing symptoms. If you are not experiencing any symptoms associated with implant failure, Exactech does not recommend preemptive surgery.
Recalled Exactech Systems
After potential problems related to the polyethylene liners were exposed, Exactech issued a broad recall of its knee and ankle implants. The U.S. Food and Drug Administration (FDA) categorized the recall as a Class 2 recall. Class 2 recalled products can cause temporary or reversible medical problems.
These devices are part of the Exactech knee and ankle replacement recall:
Exactech Total Knee Replacement Systems
- OPTETRAK® All-polyethylene PS Tibial Components
- OPTETRAK® All-polyethylene CR Tibial Components
- OPTETRAK® PS Tibial Inserts
- OPTETRAK® B-Series Ps Tibial Insert
- CUSTOM OPTETRAK® Angled PS Insert
- CUSTOM OPTETRAK® CC Tibial Inserts
- OPTETRAK® CC Tibial Inserts
- OPTETRAK® CR Tibial Inserts
- OPTETRAK® CR Slope Tibial Inserts
- OPTETRAK® HI-FLEX® PS Tibial Inserts
- OPTETRAK “MOMB” Non-Mod Molded Insert
- OPTETRAK® RBK PS Tibial Components
- OPTETRAK Logic® CC Tibial Inserts
- OPTETRAK Logic® PS Tibial Inserts
- OPTETRAK Logic® PSC Tibial Inserts
- OPTETRAK Logic® CR Tibial Inserts
- OPTETRAK Logic® CR Slope Tibial Inserts
- OPTETRAK Logic® CRC Tibial Inserts
- TRULIANT® PS Tibial Inserts
- TRULIANT® PSC Tibial Inserts
- TRULIANT® CR Tibial Insert
- TRULIANT® CRC Tibial Inserts
- TRULIANT® CR Slope Tibial Inserts
Exactech Partial Knee Replacement Systems
- OPTETRAK Unicondylar Tibial Components
Exactech Total Ankle Replacement Systems
- VANTAGE® Fixed-Bearing Liner Component
If Exactech recalled your implant, and you believe that your device may be degrading prematurely, you should visit your physician for an examination. Your physician may also contact you to check-in and determine whether your implant is causing problems.
Example of Exactech Recall Lawsuit
Burke v. Exactech Inc., filed on March 14, 2022, in the US District Court for the Southern District of New York, was one of the first lawsuits filed against Exactech after they announced the recall.
The plaintiff in the lawsuit, James Burke, had polyethylene inserts implanted in both of his knees. He received the Exactech Optetrak Logic insert. After a short time, he began to experience pain, instability, and bone loss in his knees before being forced to undergo corrective surgery in 2019.
Burke alleges that Exactech was aware that the polyethylene implants were defective but never disclosed this information to physicians or patients. His lawsuit also attributes the failure of his medical inserts to “accelerated polyethylene wear” in the implants. He is seeking compensation for medical costs, pain and suffering, and punitive damages.
How to Join Exactech Knee & Ankle Recall Class Action
If you had an Exactech insert installed during knee replacement surgery and the device later failed, leading to corrective surgery, you could be entitled to recover compensation through an Exactech knee replacement lawsuit.
Through a product liability lawsuit, you could seek compensation for medical expenses (including the cost of corrective surgery), lost income if you had to take time off work while undergoing surgery or receiving treatment, and non-financial damages like physical and emotional pain and suffering.
While Exactech has instituted a claims process through which patients can file a claim for reimbursement, if you accept a settlement, you will lose your right to pursue a product liability lawsuit against the manufacturer. Broadspire, a settlement adjusting company, has been hired by Exactech to settle claims.
Unlike an attorney, Broadspire does not have your best interests in mind. Instead, their priority is to mitigate large payouts and reduce the overall impact on Exactech’s bottom line. Any settlement you receive from Broadspire would only cover examination and revision surgery costs. In other words, accepting a settlement from Broadspire may not cover all of your damages. For instance, you wouldn’t be able to secure financial relief for lost wages or pain and suffering.
If a recalled Exactech polyethylene insert was used in your knee replacement surgery and your device has degraded, contact the New York product liability lawyers at Finz & Finz, P.C. today for a free case assessment.