Nearly 200,000 defective knee and hip Exactech implant devices have been recalled by the company. The defective packaging on these devices resulted in premature wear and tear, causing pain and injuries.
Patients who received one of the recalled Exactech knee or hip replacement devices are now filing lawsuits to be compensated for injuries and corrective revision surgery.
Rosenfeld Injury Lawyers is representing patients like you in the ongoing Exactech lawsuit who received these defective medical devices. Our law firm is proactively pursuing all claims against Exactech with a commitment to win fair compensation for all of our clients.
What Is the Exactech Lawsuit About?
Exactech is a medical device company that manufactures knee and hip replacement devices. A large number of knee and hip replacement implants have been recalled due to improper packaging that failed to secure the devices from oxygen before they were implanted into the body.
This resulted in corrosion of the implants, which caused pain and other complications for patients who received the devices, as well as the need to undergo revision surgery. Patients are filing lawsuits against the manufacturer of these defective Exactech implant products to receive compensation for their pain, hip and/or knee replacement surgery, and medical bills.
What Is the Status of Exactech Knee and Hip Replacement Lawsuits?
Following the Exactech recall announcement for several products in February 2022, dozens of lawsuits were filed against Exactech in federal courts throughout the country. By June 2022, a motion was filed before the Judicial Panel on Multi-District Litigation (JPML) to consolidate every Exactech lawsuit as they have a similar cause of action.
The JPML created MDL 3044 through an order in October 2022 and assigned the litigation to Nicholas G. Garaufis, a senior United States District Judge in the Eastern District of New York. Once there’s some progress in the MDL, an Exactech lawsuit update comes every few weeks.
Exactech Implant Recall Lawsuits Deadline
You don’t have unlimited time to file an Exactech recall lawsuit. If you fail to file the lawsuit in time, it may be dismissed on a technicality, and you won’t be able to recover compensation. This time limit is referred to as the statute of limitations, and it varies by state.
It’s typically up to four years in most states for product liability lawsuits, such as the Exactech cases, and may be greater or shorter than that in some states.
Since the Exactech recall covers all patients who received an Exactech hip or knee replacement implant after 2004, there will likely be tens of thousands of patients who end up filing a lawsuit.
When the statute of limitations begins for your case will depend on several factors, such as when you received the recalled Exactech implants to correct knee trauma, which an experienced lawyer can scrutinize and advise you on.
If you or someone you know suffered pain and other complications due to an Exactech knee and hip replacement implant, contact a product liability lawyer experienced in handling multi-district litigation on Exactech knee replacement devices to give yourself the best shot at recovering maximum compensation in your Exactech recall lawsuit.
Who Can File an Exactech Lawsuit?
You must meet the eligibility criteria to file an Exactech lawsuit. The primary prerequisite is that you must have received an Exactech hip or knee implant. The full criteria to file an Exactech lawsuit include:
- You had hip or knee replacement surgery for an Exactech replacement device
- The knee or hip Exactech implant device you received was later recalled by the company
- You suffered pain, had or will have a revision surgery
How to File a Lawsuit
There’s a legal process you need to follow to file an Exactech lawsuit for the pain and suffering you’ve had to endure because of its defective knee replacement devices. It’s important to stick to the Exactech hip and/or knee replacement lawsuit process as it safeguards your right to compensation. Here’s how you go about filing an Exactech recall lawsuit:
- Collect Medical Records: Gather all of the medical records you have pertaining to your knee or hip replacement with an Exactech implant. This will include your doctor’s notes, knee or hip replacement surgery records, corrective revision surgery records if you’ve had it, and other relevant medical reports to establish how you were injured by Exactech’s faulty products.
- Consult Your Doctor: Your doctor may have already sent a letter about the Exactech hip or knee implant recall. Have a consultation with them to discuss your specific condition and to get a sense of what potential medical issues may arise in the future due to the defective implants.
- Hire a Lawyer: Multi-district litigation is a complicated process requiring specialized knowledge of all applicable laws. It’s vital you have an experienced lawyer in your corner when filing an Exactech lawsuit so all of the required evidence is gathered and accurately presented to create a solid Exactech hip or knee replacement lawsuit, enabling you to win a big settlement.
How Our Exactech Lawyers Can Help
We have handled complicated multi-district litigation against major companies for over two decades at Rosenfeld Injury Lawyers. Our clients have received over $450 million in settlements through our focused and results-oriented process. We’ll have the best product liability lawyers working on your case to increase your chances of winning big.
It might seem like a difficult task to take on such a big medical device manufacturer. You may not have similar resources or as many Exactech lawyers trying their best to limit the financial damage as much as possible.
However, that doesn’t mean you can’t get justice and receive fair compensation. What you need is committed and skilled legal representation to assist you throughout the Exactech hip and knee replacement lawsuit.
When you work with Rosenfeld Injury Lawyers, who have a proven track record of winning major settlements, you can rest assured that nothing will slip through the cracks and that your case will be pursued with the utmost professionalism.
There’s no room for mistakes, as an Exactech hip and knee replacement lawsuit requires medical facts to be proven to establish negligence under applicable laws.
The Time It Takes to Settle Exactech Recall Lawsuits
The multi-district litigation process for the Exactech recall lawsuits has been going on for a couple of years now. There’s still much to be done before a settlement can be expected. Since there’s no firm deadline to be followed, it may take considerable time as the selection process for bellwether trials is underway, after which these first few trials will be conducted.
The Exactech class action MDL is very large with over 1,100 cases and new lawsuits being added on a regular basis. That’s also going to influence the time it takes to get a settlement. It depends on Exactech as well, whether it wants to go to trial or offer a settlement at any stage.
Patience is paramount in any legal proceeding. It’s a time consuming process anyway and when you factor in the incredible amounts of evidence to be sifted through, countless documents to be filed, and endless negotiations to be done, it’s understandable why a settlement may take some time.
Is Hiring an Exactech Lawyer Expensive?
The last thing you need to worry about after being injured by a defective Exactech product is how you’ll pay for a lawyer to get the compensation you deserve.
Fighting such a big company isn’t going to be cheap and you need all the legal assistance you can get for your Exactech hip or knee lawsuit. Our mission is to provide access to justice for all those affected by these defective knee and hip implants.
Our personal injury law firm is taking Exactech recall cases on a contingency fee basis. This means you don’t have any out-of-pocket costs when hiring us to file your Exactech lawsuit. You’ll continue to benefit from our professional legal representation throughout the entire process without needing to pay us anything.
Our fee is a percentage of your settlement, so we work hard to ensure you win maximum compensation.
Damages Our Exactech Lawyers Can Help You Recover
Our lawyers can help you recover both economic and non-economic losses in addition to wrongful death damages. Precisely what you can claim compensation for depends on the facts unique to your case.
- Medical Expenses: You can claim damages for all of your medical expenses. This will include surgeries, stays in the hospital, subsequent doctor visits, medications, and ongoing treatment.
- Quality of Life: The failure of the defective Exactech hip or knee implant device may have negatively impacted your quality of life by limiting your mobility, for example. That’s something you can recover compensation for.
- Lost Income: If you were unable to return to work or can’t work like you could before, you can claim compensation for all of the income and future earning potential you’ve lost due to the defective products.
- Emotional Distress: In addition to the physical pain and suffering you’ve endured, this may have also left lasting emotional trauma, and you’re entitled to recover compensation for this.
- Wrongful Death Damages: If someone you love developed complications because of the defective implants and later passed away, our experienced wrongful death attorneys can help you file a lawsuit for recovering funeral expenses, imposing punitive damages on the defendant, and emotional trauma.
Why Are People Filing Exactech Lawsuits?
People are filing Exactech recall lawsuits because of complications resulting from the Exactech knee and hip replacement devices they received. Some have had or will need to have a revision surgery.
They’re seeking compensation for the pain and suffering caused by these replacement devices as well as the discomfort of having a revision surgery due to their recalled Exactech implant.
It’s also been alleged in some lawsuits the company knew about the early failures of Exactech hip and knee replacement systems and hid the information to avoid triggering a recall of the medical devices for years.
Plaintiffs feel that the company should have known about the packaging issues that let too much oxygen in, causing corrosion and making the Exactech knee and hip replacements break down too soon. Those who have been injured by these defective products are seeking compensation through product liability lawsuits for the recalled Exactech implants.
Contact Experienced Exactech Lawyers Today!
The experienced product liability attorneys at Rosenfeld Injury Lawyers have a successful track record of taking on big companies like Exactech and making sure our clients are fairly compensated for the pain and suffering caused by defective medical devices.
If you received a defective Exactech knee or hip replacement implant, we can help you get compensated for the pain you’ve suffered, the income you may have lost, and the discomfort of the revision surgery for the implant.
We’re taking all knee and hip replacement lawsuits against Exactech on a contingency fee basis. You won’t have to pay us anything until you get a confirmed settlement.
Call us today at (888) 424-5757 and one of our lawyers will be happy to explain the next steps and give you an idea of how much you could potentially win in damages.
Resources: [1] CNN