Our lawyers are accepting new Exactech recall lawsuits in all 50 states. Below we discuss the litigation, provide the most recent August 2022 updates – including the latest Exactech recall – and what our lawyers believe the average per person Exactech settlement amounts will be.
The medical device company Exactech is one of the leading manufacturers of implant systems utilized in joint replacement surgeries.
Exactech recently launched a sweeping recall of all knee replacement implant systems manufactured after 2004 (Exactech Recall Letter). The implants are being recalled because it was discovered that a defect in the packaging caused a polyethylene insert component to degrade before use.
The degraded inserts caused the Exactech knee implants to prematurely fail (sometimes after only a few months) causing acute pain and requiring patients to have revision surgery to replace the implant.
Filing an Exactech Lawsuit
Anyone who had knee replacement surgery with an Exactech implant system in the last 10 years may be entitled to pursue a product liability lawsuit and get financial compensation for pain and suffering, medical expenses, and lost income resulting from the failure of their implant.
Our Exactech lawyers are actively seeking Exactech knee implant recall cases from patients who were adversely impacted by a defective Exactech knee implant system including the Opetetrak® or Truliant® knee replacement systems. Contact us about filing an Exactech knee implant lawsuit.
Exactech Class Action Lawsuit – September 2022 Update
Exactech lawyers have filed a motion with the JPML asking for the creation of a new Exactech class action lawsuit. All Exactech recall lawsuits in federal court will likely be consolidated into the MDL moving forward. The court will hold a hearing on September 29, 2022 to hear the lawyers arguments on consolidation but it appears to already be a done deal with the parties agreeing that a class action is warranted.
Exactech agrees to class action lawsuit
There is no longer any dispute as to whether there should be an MDL Exactech class action lawsuit. Exactech advised the MDL panel that it is in favor of a new class action lawsuit that consolidates all Exactech implant recall lawsuits in federal courts.
In its response, Exactech also agreed with the plaintiffs that the Eastern District of New York would be the most appropriate venue for the MDL. Exactech’s consent effectively guarantees that the JPML will grant the request and form a new MDL for the Exactech recall cases.
What does this mean for your Exactech lawsuit? It means that if you file in federal court – which would seem to be the best place for victims to file – your Exactech lawsuit will be consolidated in front of a single judge in New York.
So if you are in California, Texas, Illinois, or any other state, your case for pretrial discovery will be housed in New York. If there is not an Exactech settlement at the end of the pretrial discovery (and likely a few trials), your case would then be remanded back to your home state for trial.
There are no guarantees in litigation. But our Exactech lawyers believe that these lawsuits will very likely settle long before there is a trial.
Twenty-seven Exactech recall lawsuits
The JPML motion lists 27 Exactech recall lawsuits pending in 11 federal districts. Exactech attorneys are seeking to have the MDL established in the Eastern District of New York. Exactech will almost certainly request the Northern District of Florida as the venue. Exactech is headquartered in Florida and has a brand name in northern Florida that it would hope has some sway with juries.
Nine more Exactech recall lawsuits are filed
It has been less than a month since a motion was filed with the JPML asking for the Exactech recall lawsuits to be consolidated in a new MDL. At that time, 26 pending Exactech implant recall cases were pending in federal courts. Since then, another 9 lawsuits have been filed against Exactech over its recent implant recall, bringing the total number of pending Exactech cases in federal courts up to 36. This will certainly increase the likelihood that the JPML will grant the motion and create a new MDL for the Exactech recall cases.
Exactech recall expanded
In August 2022, Exactech was recently forced to expand the scope of the recall of its joint replacement implants. Exactech sent a new recall letter out to healthcare providers last week notifying them that the recall of hip and ankle implants initiated in February was not being expanded to cover an additional 40,000 implant components. The expanded recall covers acetabular hip liners in Exactech’s Connexion, Novation, and other brand implant systems.
This latest news comes just as the JPML is poised to create a new MDL Exactech class action lawsuit any day now.
Exactech Optetrak Knee Implants
Problems With Optetrak Knee Implants
Recall of Exactech Knee Implants
Compensation for Recalled Knee Implants
FAQs: Exactech Recall Lawsuits
What should I do if my Exactech implant has been recalled?
If you have a recalled Exactech knee or ankle replacement implant you should make an appointment with your doctor to discuss your options. Removal or replacement of the recalled implant may be necessary at some point, but for now, Exactech is advising doctors to maintain an index of patients with recalled implants and closely monitor them for signs of potential insert failure.
How do I know if my implant has been recalled?
If you have a knee or ankle replacement implant system made by Exactech and your surgery occurred after 2004 then your implant is almost definitely covered by the recall. The recall covers ALL Exactech total knee replacement systems and ankle replacement systems that were manufactured at any point after 2004. This effectively covers all Exactech knee and ankle implants surgically installed in the last 9 years.
How do I know if my implant was made by Exactech?
Many patients who have joint replacement surgery have no idea what brand of implant system they have. If you had total knee replacement surgery but you don't know whether your implant was made by Exactech, you will need to ask your orthopedic doctor or request your medical records from the surgery to determine who manufactured your implant device.
As part of the recall, Exactech is inviting patients with recalled implants to submit "claims for reimbursement" and has hired a third-party administrator (Broadspire) to manage the claim process. Patients should be aware, however, that if they submit a claim for reimbursement to Exactech they will likely waive their right to file a product liability lawsuit against Exactech for the recalled implant. Patients who submit reimbursement claims to Exactech will get far less compensation than they would otherwise be entitled to if they brought an Exactech recall lawsuit in civil court.
What do you expect for Exactech recall lawsuit settlement amounts?
Our attorneys estimate that Exactech knee replacement recall lawsuits may have a settlement value of $130,000 to $190,000 and ankle replacement recall lawsuits may have a slightly higher value.
Predictions for Exactech settlement amounts at this stage are dicey. So take these settlement amount projections with a grain of salt. But they are based on historical settlement amounts in defective knee replacement lawsuits and the specifics of this Exactech recall.
Exactech Knee Replacement Attorneys
If you have an Exactech knee replacement system implanted, you may be entitled to financial compensation for any complications or problems related to the implant. Consult with an Exactech recall lawyer to find out what your legal options are. Call 800-553-8082 today.