Exactech Lawsuit Updates
Exactech Files for Bankruptcy, Halting Litigation
Exactech, Inc. and four affiliated entities have filed for Chapter 11 bankruptcy in the District of Delaware (Case No. 24-12441) under Judge Laurie Selber Silverstein. This filing places all litigation against Exactech, including MDL cases, on hold. For victims and attorneys, this stay means no case progress until further guidance from the bankruptcy court. An upcoming hearing with Judge Silverstein will provide more clarity on the next steps. While this is not a positive development, victims may still receive compensation for their injuries. Updates will be provided as more information becomes available.
Exactech Implant MDL Grows
The Exactech implant multidistrict litigation (MDL) continues to expand, with 36 new cases added in October, bringing the total to 1,806 pending cases. However, the situation will change next month due to Exactech’s bankruptcy filing. An automatic stay is now in effect, halting most lawsuits and collection efforts against the company. As a result, new cases must be filed with the bankruptcy court, and claims cannot proceed without special court approval.
Exactech Bankruptcy Filing: What Plaintiffs Need to Know
Exactech has filed for bankruptcy after plaintiffs’ lawyers rejected their settlement offers. While this move may cause concern, plaintiffs should not panic. Insurance and other assets are still available to victims in the bankruptcy process, and these resources can be used to compensate those affected. The bankruptcy court will oversee claims and ensure that proper remedies are pursued.
Status Conference Scheduled for January 9, 2024
A status conference for the Exactech bankruptcy proceedings is scheduled for January 9, 2025. During this conference, updates will be provided, and any immediate issues will be addressed. Joint status reports will be required every 90 days thereafter. All other case deadlines are currently adjourned indefinitely, pending further clarity from the bankruptcy proceedings. Plaintiffs and legal counsel should stay informed on the progress of the case.
About the Exactech Joint Replacement Lawsuit
Exactech is being sued by patients who claim that they were harmed by the medical technology company’s defective joint replacement devices. Exactech hip, ankle, and knee implants (including Optetrak, Truliant, MCS, Acumatch, and Novation devices) were recalled in 2021 and 2022, followed by its Equinoxe shoulder systems in 2024. A manufacturing defect makes the devices more likely to fail early, resulting in serious problems requiring additional surgery. Over 140,000 patients received the recalled devices, potentially endangering the health of thousands of Americans.
If you or a loved one were impacted by Exactech’s faulty joint replacement devices, it’s important to understand how you can potentially join the Exactech joint replacement device lawsuit.
Exactech Devices Linked to Serious Complications
The FDA has released a list of side effects associated with Exactech’s recalled joint replacement devices. Patients are warned of a number of serious health problems, like joint dislocations, pain, bone degeneration, difficulty bearing weight, trouble walking, joint instability, swelling, and early device wear and failure.
These complications can result in significant pain and downtime for patients. In many cases, revision surgery is needed to repair or replace the faulty devices, leading to additional health risks, financial strain, and emotional distress.
What is the Focus of the Lawsuit?
A class action lawsuit has been filed against Exactech by thousands of patients who were injured by the company’s faulty hip, knee, ankle, and shoulder replacement devices. The affected Exactech devices used plastic packaging that lacked an important oxygen barrier layer designed to protect them from degradation. Without this crucial component, the implant materials can react with oxygen, making them wear and fail faster. Patients then require additional surgery to correct the damage.
The lawsuits allege Exactech knew about the defect but sold the products anyway, prioritizing profit over patient safety and putting thousands at risk. Plaintiffs accuse Exactech of fraud, negligence, a breach of warranty, failure to warn, and strict product liability.
Who is the Lawsuit for?
The Exactech lawsuit is for anyone who received a recalled Exactech hip, knee, ankle, or shoulder implant and later suffered from health complications due to the faulty device. Patients who underwent or were told by a health care professional that they needed revision surgery for the faulty device may pre-qualify. Those who suffer side effects but haven’t been advised they need surgery may also be eligible.
Who Pre-Qualifies For The Exactech Joint Replacement Lawsuit?
There are a few requirements you must meet to pre-qualify for the Exactech lawsuit, such as:
- You must have an Exactech hip, knee, ankle, or shoulder implant.
- You must have suffered side effects from the Exactech implant.
- You must have needed revision surgery as a result of the defective device. Patients who received revision surgery or were told by a health care provider that they needed it may pre-qualify.
If you meet the above requirements, you may be entitled to compensation. We encourage you to seek legal advice to determine your eligibility. Various factors impact eligibility, and all cases are unique.
You may also prequalify if you have suffered from the following injury(ies):
- Bone Loss
- Component Fracture
- Osteolysis (Bone Degeneration)
- Revision Surgery
- Device Failure
- Difficulty Walking
- Dislocations
- Early and Excessive Device Wear
- Inability to Bear Weight
- Instability
- New or Worsening Pain
- Noises Such as Clicking, Grinding, or Popping
- Swelling
Lastly, below is a list of recalled implants that may allow you to prequalify:
- Acumatch Hip with Connexion GXL liner
- MCS Hip with Connexion GXL liner
- Novation Hip with Connexion GXL liner
- Optetrak Knee: All-polyethylene CR Tibial Components, All-polyethylene PS Tibial Components, CR Tibial Inserts, CR Slope Tibial Inserts, PS Tibial Inserts, HI-FLEX PS Tibial Inserts
- Optetrak Logic Knee: CR Tibial Inserts, CR Slope Tibial Inserts, CRC Tibial Inserts, PS Tibial Inserts, PSC Tibial Inserts, CC Tibial Inserts
- Truliant Knee: CR Tibial Inserts, CR Slope Tibial Inserts, CRC Tibial Inserts, PS Tibial Inserts, PSC Tibial Inserts
- Vantage Ankle: Fixed-Bearing Liner Component
- Equinoxe Shoulder System
If you aren't sure which implant you received, you should contact your doctor. They can provide you with the appropriate medical records to confirm your implant model and serial number, which you can compare with Exactech’s list of recalled products.
Do I Have to Pay for an Attorney?
If you are considering joining the Exactech joint replacement lawsuit, you may have concerns about the cost of hiring an attorney. You should know that many lawyers who handle cases like these do not require payment upfront. Most class action attorneys work on a contingency fee basis, meaning the attorney is paid a percentage of your settlement amount only if your case is successful. This makes legal assistance accessible for patients harmed by Exactech’s defective devices. Your attorney can answer any questions you have about legal fees and how they are paid.
Lawsuit Time Limits
Exactech joint replacement lawsuits could potentially be settled as soon as 2025, so it’s important to act quickly if you are considering pursuing litigation. Deadlines to file a lawsuit vary based on a variety of factors, including what state you live in and when your injury was discovered. An attorney can review your case and determine the specific deadlines that apply to your situation.
If you miss the deadline, you still may have a chance to pre-qualify for legal relief or to assert a claim. However, we suggest that you don’t wait—complete the form at the top of the page today to connect with an attorney in our network who can help you take the first steps to see if you pre-qualify for the Exactech joint replacement device lawsuit.
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