Since we last wrote about the Exactech knee replacement recalls and lawsuits, the problem has gotten much worse. Although the damage has already been done to injured patients who trusted the company to provide them with a defect-free and sound implant, the scope of the recall has grown. In addition, the number of lawsuits against the company has also increased.
knee replacement lawsuit
We had previously written about an April recall that impacted three different types of Exactech knee replacement devices. In total, nearly 150,000 devices were recalled. One key polyethylene insert that the knee replacement device has relied on to effectively operate wore down prematurely due to defective packaging. As a result, many patients who already had knee replacements with an Exactech device now need revision surgeries to implant a new device.
Exatech Has Also Had to Recall Hip Implants for Similar Reasons
The problems are not just limited to Exactech knee replacement devices. The company was also forced to recall roughly 40,000 hip implants due to similar defects. Problems with the liner Packaging have also caused inserts to degrade, and many people now need hip replacement revision surgery. We also expect there to be numerous lawsuits related to defective hip implant devices.
Exatech Has Done a Poor Job Executing the Recall
One of the problems that patients have faced is that Exatech has executed a wholly inadequate recall. The company has left it up to doctors whether to notify their patients of the recall. Many victims do not even know of the problems with their knee replacement device, as they experience pain and reduced function. Exactech should, if possible, send out notification letters to all affected patients (that they are aware of their contact info) itself, but it has not taken widespread steps to do so. Exactech claims that it “does not have the names and contact information of all individual patients who received Exactech devices, so there is no means for Exactech to send out out notification letters to such patients.” It is unclear whether Exatech is intentionally trying to be unhelpful, is telling the truth and is not able to contact victims or is just plain incompetent.
Exactech claims that it is “committed to addressing recall- related out of pocket expenses, and claims that it is working with a third party administrator, Broadspire, for the claims reimbursement process.” Notwithstanding its large potential liability, Exatech seems to think that doing little to nothing is its best course of action.
Exactech’s website asserts: “Exactech is committed to addressing recall-related out-of-pocket expenses, and has partnered with Broadspire, a Third-Party Administrator, to manage the claims reimbursement process. Please contact the Exactech-Broadspire Helpline at (888) 912-0403 to initiate the claims process. Please note that when you call the helpline, you will be asked to verify that you have received an Exactech implant included in the recall. In order to verify that you do have an Exactech implant, you will be asked the following information:” website
The Number of Knee Replacement Lawsuits Is Growing
Plaintiffs began to file lawsuits shortly after news of the recall broke in April. Although the floodgates have not yet opened, the number of lawsuits filed has grown from an initial trickle. The pace has picked up since June 2022, with over 40 lawsuits being filed since then. Many of these lawsuits are being filed in federal court in New York City.
Currently, plaintiffs are waiting on the outcome of a hearing in federal court that seeks to allow Exatech lawsuits to proceed as part of multidistrict litigation. This often happens in the name of efficiency when there are numerous lawsuits regarding the same defective product. Multidistrict litigation is not the same as a class action lawsuit. Because each plaintiff has a separate case. The lawsuits proceed together through the discovery process in order to develop a common factual background. However, it is possible for some plaintiffs to lose while others can win, depending on the jury hearing the case.
While it is difficult to predict whether a federal court will grant multidistrict status, plaintiffs have a track record of success in getting courts to allow them to proceed this way. Notably, the company itself has not opposed the request for multidistrict status.
If the multidistrict status is granted, we anticipate that the number of claims will increase further. After all, there have been nearly 200,000 people that have now been impacted by this large-scale recall.
Our lawyers are standing by and ready to help you file your own lawsuit if you have suffered pain and have needed or will need a knee replacement revision surgery. The company cannot leave you out in the cold when it comes to compensating you for a defective product.
Exactech’s Legal Risks Continue to Mount
Exactech may have legal risks for a number of reasons. Although the company markets its knee replacement devices as “best in class,” its products actually have a higher than we in our opinion believe should be an acceptable failure rate. Exactech disagrees and asserts, “our knee replacements continue to demonstrate revision rates consistent with and better than the industry averages.” Exactech markets its products touting all of its perceived benefits. Although this product liability case centers primarily on a manufacturing defect, there are also grounds that allege marketing defects. In addition, plaintiffs are currently seeking punitive damages given the scope and extent of Exactech’s poor conduct.
Potential Values of Exactech Knee and Hip Replacement Lawsuits
We are often asked about the potential value of a case when potential clients come to us for an initial consultation. There is a relatively long track record of product liability settlements for both knee and hip replacement lawsuits. Based on our experience, knee and hip replacement lawsuits will usually settle for an amount between $100,000 to $250,000. However, many of these settlements were agreed to before the recent bout of inflation in the economy. Our estimate of Exactech knee replacement settlement amounts may need to be adjusted higher to $200,000 – $300,000.
Of course, everything depends on your own unique circumstances and how you have suffered from the defective knee replacement. There is always a possibility that you can get a settlement for an amount above that, or win your case in court and receive a large verdict. It is entirely possible that a plaintiff’s lawyer may uncover even more damaging information in the discovery process that could make Exactech even more motivated to settle these cases.
Call One of Our Product Liability Lawyers Today
As always, we will continue to keep you posted on developments as they happen, and we are ready and able to speak with you about your case. It does not cost you anything to speak with one of our product liability lawyers or powerport lawsuit attorneys, and you do not owe us any money at all unless we help you when you’re case.