Orthopedic implant maker Exactech issued a recall of their Connexion GXL Polyethylene Hip Liner on June 28, 2021, after the part was used in nearly 90,000 implant devices since 2008.
The Exactech hip recall was ordered after the FDA received significantly more implant failure reports than expected. So far, over 10% of the devices have failed, with the number rising as patients become aware of the complications.
Some of the injuries related to failed hip implants or after hip implant revision surgery include:
Exactech has notified doctors of the recall and asked them to contact patients for examination. However, they haven't directly informed patients of the dangers, and are attempting to avoid liability by not advising victims of all their legal rights.
In addition, Exactech has also issued recalls related to their knee and ankle implants after polyethylene inserts in both were found to pose risks for early wear and bodily injury.
A total of over 147,000 knee implant components were recalled on August 20, 2020 and February 7, 2022. The company also recalled 1,561 Vantage ankle implants on February 7, 2022.
Both the knee and ankle implant recalls were caused by defective packaging, which can lead to oxidation and degradation of the polyethylene inserts.
Some complications that may occur as a result of knee or ankle insert defects include:
In general, knee and ankle implants should last for up to 20 years according to the American Academy of Orthopedic Surgeons. However, negligent practices may cause Exactech implants to fail much sooner.
In addition, a federal False Claim Act case in 2018 alleged Exactech knew of severe early failure problems with their knees as early as 2007, but continued selling these products through 2017.
Exactech has asked doctors to encourage patients to route their claims through the insurance company Broadspire, offering quick settlements to cover some costs of revision surgery.
However, these settlement administrators do not represent the best interests of victims and aren’t advising them of all their legal options.
For example, company claim administrators will ask for a full release of liability without providing any compensation for related injuries, pain, suffering or lost time and wages. Often, these can represent greater damages than the cost of surgery itself.
As a result of negligence in manufacturing a defective product and failure to properly warn of the dangers, Exactech faces liability for all damages suffered by patients.
Lawyers are currently filing claims for substantial damages for those affected. If you or a loved one received an Exactech knee, hip or ankle implant that is subject to the recall, it is important that you DO NOT sign anything without first speaking with a lawyer about your full legal rights to compensation.
Latest Information on the Exactech Recall Litigation
While there is no single class action lawsuit for Exactech recalls, lawyers have already filed numerous cases in federal and state court on behalf of those injured by the defective Exactech hip, knee or ankle implants.
Legal experts predict that most of these cases will soon be consolidated by a federal judicial panel into specialized multidistrict litigation (MDL) courts for quicker handling.
This type of court venue is actually more beneficial for consumers than a class action lawsuit. In a class action lawsuit, injured parties are usually gathered under one group of lawyers, and they must share whatever is awarded with little control over their case.
However, the individual participants in a multidistrict litigation action are able to select their own lawyer, exercise more control over their case and whether it settles, and reap higher award amounts for their separate lawsuit.
In the latest news surrounding a class action or consolidation of claims into an Exactech Recall MDL is that lawyers believe claims for knees, hips and ankles could all be assigned to one court since injuries from all three can be traced to similar liner issues. More updates on how these lawsuits will be handled by the courts is expected soon.
DrugNews works only with lawyers that are integrally involved in medical device MDL litigation or are active on the influential MDL Plaintiff Steering Committees.
If you or aloved one have suffered injuries or had to undergo repeat surgeries after receiving an Exactech implant, it’s important to have your case examined by a legal expert to see if you have the right to recover damages.
Our qualified medical device injury lawyers will fully investigate your case, reviewing medical records, safety warnings and recent studies that your doctor may not normally discuss.
Most states allow you several years to file a lawsuit after you suffer an injury or discover it may be linked to a dangerous product. However, you should begin the process as early as possible to make sure your lawyer has time to get necessary records and prepare your case.
DrugNews works only with attorneys and law firms that have successfully handled tens of thousands of lawsuits involving injury or death from drugs and medical devices. And, we can connect you directly to a lawyer or patient advocate today, so you’ll be able to decide if you want to proceed.
We make it easy to get help, find out if you qualify, and quickly file a claim. Our service is offered at no cost to you, and you won’t pay anything to your attorney unless you receive an award. Also, our qualified lawyers can handle most aspects of your case without you ever having to leave your home.
For more information, or to learn about your options - call, chat or email us today.