Exactech sells various joint replacement implants that have caused health complications for some patients. Specifically, packaging issues with Exactech hip and knee replacement devices have caused the plastic inserts inside the devices to deteriorate, which led them to fail in patient’s bodies prematurely.
Perhaps this has happened to you. If so, you might have had to undergo additional surgery to correct the issue. You also might have struggled with pain resulting from medical implant failure.
Such an experience is frustrating, to say the least. You already underwent surgery to receive an Exactech hip or knee implant. The last thing you want is to undergo more surgery to fix a problem the device caused.
If you used this defective device, you may be entitled to receive compensation. Speak with a Southern California Exactech mass tort attorney from Jurewitz Law Group Injury and Accident Lawyers for more information. We can review your case and explain how you may proceed. Call us at (855) GET-ROSS today.
Potential Health Complications Resulting from Exactech Implants
According to the U.S. Food and Drug Administration (FDA), the packaging for some Exactech implants left the implants exposed to oxygen, which could result in oxidation. When oxidation occurs, an Exactech implant’s plastic material may degrade, compromising its durability.
An Exactech device may fail early as a result. Or it might fracture or otherwise break inside a patient’s body. Such complications can require additional surgery.
The FDA recommends that people with Exactech implants look for the following warning signs that could indicate problems:
- Pain or swelling
- Difficulty bearing weight in the part of the body with an Exactech implant
- Weakness in the area of the body with or near an Exactech implant
- Grinding noises or similar sounds
See a physician as soon as possible if you notice any of these warning signs. Follow their advice if they recommend surgery to correct an issue resulting from a defective or damaged Exactech implant.
Exactech Recalls: What You Need to Know
On its own site, Exactech shows that it has issued recalls for the following products:
- OPTETRAK® All-polyethylene Tibial Components (TKR)
- OPTETRAK® All-polyethylene Tibial Components (PKR)
- OPTETRAK® Tibial Inserts (TKR)
- OPTETRAK® HI-FLEX® Polyethylene Tibial Inserts (TKR)
- OPTETRAK® Custom Polyethylene Tibial Inserts (TKR)
- OPTETRAK® LOGIC® Polyethylene Tibial Inserts (TKR)
- OPTETRAK® RBK® Polyethylene Tibial Inserts (TKR)
- TRULIANT® Tibial Inserts (TKR)
- OPTETRAK® Logic RBK Tibial Components (TKR)
- Vantage® Fixed-Bearing Polyethylene Liner Component (TAR)
- Vantage® Mobile-Bearing Polyethylene Liner Component (TAR)
Exactech expresses a desire to reimburse customers for out-of-pocket expenses related to recalls. They urge customers to contact Broadspire, their third-party administrator, at (888) 912-0403 to initiate the process of filing a claim.
Someone calling the helpline should have the following information on hand:
- The date they underwent surgery to insert an Exactech device
- The surgeon who performed the surgery
- The serial number of the implant, if available
Submitting a claim this way may not result in securing all the compensation you deserve. You should talk with an attorney to discuss your legal rights before making a claim with the company. You may have grounds to participate in an Exactech mass tort lawsuit.
What Is an Exactech Mass Tort?
A mass tort occurs when numerous parties sustain similar harm from the same product or source. Filing a mass tort lawsuit allows the injured party to pursue the compensation they need while joining their case with others who’ve filed lawsuits against the same at-fault party for similar injuries. In some circumstances, courts may group mass tort cases together in multi-district litigation so that all the cases will go before the same judge.
An Exactech mass tort isn’t a class action lawsuit. Class action lawsuits involve multiple plaintiffs seeking compensation as one entity. That means all plaintiffs share in the award of damages or in any settlement they receive. The individual plaintiffs may not receive much money.
You don’t have to worry about such a potential outcome when you file a mass tort. The court will still treat your case as its own separate case.
Compensation Available in an Exactech Mass Tort
It’s impossible to say what compensation you may be entitled to without knowing the details of your case. A mass torts attorney may review those details and give you a specific idea of the value of your case.
Generally, though, you may seek compensation for two types of losses when filing a claim or lawsuit: economic losses and non-economic losses.
Economic losses include your medical bills, lost wages, and other losses with specific dollar amounts. Non-economic losses include intangible losses like pain and suffering.
You may also pursue compensation for future losses. This might be necessary if, for instance, health issues resulting from your use of Exactech implants leave you in need of long-term care.
A jury may also award punitive damages if your case goes to trial. This is only likely when the defendant’s conduct was particularly egregious. Punitive damages aren’t meant as compensation. They are intended to punish the defendant for wrongdoing.
Potential Evidence in an Exactech Mass Tort Case
You need to provide evidence when submitting a claim or lawsuit. You’ll need to prove that Exactech knew that the use of their products could lead to adverse side effects and that they failed to warn potential users about them. You need evidence to show that you sustained harm because of the defective device and evidence to support the value of your claim.
Potential forms of evidence in an Exactech mass tort include:
- Medical bills
- Medical records and physician testimony
- Pain journals
- Personal testimony
- Documentation of lost wages
In California, you have two years from the time you discovered or should have discovered health issues resulting from an Exactech implant to take legal action. If you file your lawsuit after this deadline, the court will likely dismiss it without a hearing, and you will lose your right to pursue compensation through the court system.
Contact a Southern California Exactech Mass Tort Attorney
Healing from surgery and the health complications resulting from a defective Exactech implant should be your top priority right now. This isn’t a time when it makes sense to add to your burdens by seeking compensation from the device’s manufacturer on your own.
At Jurewitz Law Group Injury and Accident Lawyers, our Southern California Exactech mass tort attorneys can pursue compensation on your behalf. For over a decade, we’ve offered dedicated and effective representation to clients throughout the region. Learn more about how we can help by contacting us online or calling us today at (855) GET-ROSS for a free case review.
