Exactech Replacement Lawsuits

As of October 2024, there were 1,770 pending lawsuits in multidistrict litigation before the U.S. District Court for the Eastern District of New York. Judge Nicholas G. Garaufis presides over the MDL.

There have been no bellwether, or test, trials in the MDL, though they are set to start in September 2025. Lawsuits are in the initial stages, and the number of lawsuits has been steadily increasing as lawyers accept new cases.

On Oct. 29, Exactech filed for bankruptcy in response to the mounting lawsuits. Ongoing litigation was paused as a result of the Chapter 11 filing.

In March 2023, the FDA warned about Exactech’s joint replacement devices made between 2004 and August 2021. The packaging caused the devices to degrade earlier than expected. Many people with faulty joint replacements require additional surgery.

People filed Exactech lawsuits because bad packaging allowed too much air to get in and made plastic knee and ankle replacements break down too soon. Exactech recalled thousands of polyethylene hip and knee inserts in August 2021 due to the packaging problem.

In August 2022, Exactech expanded its recall to include a hip system called Connexion GXL — also due to a packaging issue that caused those devices to degrade faster than expected. By early 2024, Exactech voluntarily recalled its Equinoxe Shoulder System for the same packaging defects.

“Exactech lawsuits are being filed now because [of] premature degradation of the polyethylene inserts used in the devices. [The company is claiming] the root cause of this polyethylene degrading, or so they say, is that they didn’t store these implants in the right type of packaging and it needed another layer to prevent oxygen from touching the implant,” lawyer Ellen Relkin told Drugwatch.

Surgeons have implanted more than 143,000 possibly defective devices. If these devices fail early, thousands of people who received them could experience knee, ankle, shoulder and hip replacement complications.

If you’ve had an Exactech hip, knee or ankle surgery using a recalled Exactech device and have experienced severe complications, you may be eligible to file an Exactech lawsuit against the company.

However, the criteria for eligibility vary depending on the year of your initial and revision surgery. You may not be eligible if you’ve had multiple revision surgeries before receiving the Exactech implant.

It’s best to consult an Exactech lawsuit attorney as soon as possible to confirm your eligibility and protect your right to file a lawsuit. They can help you understand your options and guide you through the process.

Lawsuits claim several different injuries that may require revision surgery. All injuries may result from faulty packaging, leading to early failure or other complications.

Typically, 95% of knee replacements should last 10 years or more. But some loosened in as little as two or three years, according to Dr. Christopher Hutchins, a Connecticut orthopedic surgeon. Hutchins used Exactech’s Opetrak devices in 350 knee surgeries. He said in a deposition that this was “awfully premature” and “extraordinary,” according to a report by KFF Health News.

Exactech also warned doctors its Connexion GXL hip liner, used in hip replacement surgery, may also experience wear and tear earlier than expected. This can lead to bone tissue loss and require revision surgery — removing and replacing the artificial joint. Exactech did not announce a hip replacement recall for the device but has stopped producing it in the U.S.

No verdicts or settlements have been reached in ongoing Exactech lawsuits. Lawyers are still accepting new clients.

Meanwhile, Exactech has hired Broadspire to help settle claims. However, receiving a settlement from Broadspire only reimburses money you already spent and won’t cover future medical care, lost wages, or provide a free replacement for a failed implant.

Past Exactech Litigation

Exactech faced legal issues in the past for providing faulty knee replacements to VA, Medicare and Medicaid beneficiaries.

The company also paid orthopedic surgeons to use their hip and knee implants and submitted false claims to Medicare. This resulted in a lawsuit by the Department of Justice. Exactech settled the case with the federal government in 2010 for nearly $3 million.

Choosing an experienced attorney for an Exactech lawsuit who can fight against medical device companies is important. Look for a national law firm with a track record of winning settlements and jury verdicts.

For example, Drugwatch has partnered with leading national firms with a history of obtaining billions in multidistrict litigation settlements and jury verdicts in medical device cases similar to Exactech lawsuits. The Exactech MDL judge has appointed our legal partners to leadership positions in the litigation.

When choosing an Exactech attorney make sure to ask them about their experience with medical device lawsuits, if they have been successful at trial and if they have successfully obtained settlement for their clients.

If you had a recalled Exactech implant, contact your doctor to check for early wear or bone loss.

You may file a claim with the company or take legal action. But you should contact an attorney immediately if you choose to sue.

Most law firms offer free case reviews and only charge if they recover compensation for you.