Nadrich Accident Injury Lawyers represents those who have suffered complications after having an Exactech hip replacement implanted. If you or a loved one has suffered complications, including a need for corrective revision surgery, from an Exactech implant, we can help you recover financial compensation for medical bills, lost wages, loss of earning capacity, pain, suffering, wrongful death and more.
We will handle your Exactech lawsuit on a contingency fee basis. This means that you will not have to pay for our legal services until and unless we obtain a recovery for you. We handle cases involving Exactech hip implant devices without charging any upfront fees or out-of-pocket fees. The only fee we charge is a percentage of any recovery we obtain.
If you can’t afford treatment for your injuries, we can get you to doctors who will treat your complications on a lien, which means that you will not be charged for treatment until your case is over. Doctors do this for our defective medical device clients because they know we get great results for those we represent.
We have been representing defective medical device victims since 1990 and have recovered over $750 million for our clients in our 30+ years of serving injury victims. We have handled countless cases just like yours and know how to prove that our clients’ injuries were caused by medical device defects. Our vast experience will allow us to recover the most compensation possible in Exactech lawsuits.
Call us today for a free consultation if you or a loved one suffered complications due to an Exactech hip replacement. You may qualify for financial compensation in an Exactech recall lawsuit. You can also text us from this page or fill out this page’s free case evaluation form to learn more about your legal options.
Do I Qualify to File an Exactech Hip Lawsuit?
If you have suffered complications after having one of the following devices implanted, you may qualify to seek financial compensation in a lawsuit:
- Exactech MCS GXL
- Exactech AcuMatch GXL
- Exactech Novation GXL
- Exactech Connexion GXL
If you are unsure of what implant you received, you should ask your surgeon.
What Compensation Is Available in an Exactech Lawsuit?
If you have suffered complications due to a hip implant made by the global medical device company Exactech, we can help you recover financial compensation for:
Medical Bills
Those who have been injured by Exactech implants usually already owe money in the form of medical bills when they call us. In addition, you may require future treatment of your complications which will generate yet more medical expenses. We can file an Exactech lawsuit on your behalf seeking financial compensation for all past and future medical bills related to your complications.
Lost Wages
Many people who call us having been injured by recalled Exactech implants are unable to work due to their injuries. You might also have to take time off from work to have your implant complications treated. When we handle Exactech recall lawsuits, we help clients recover compensation for any wages they’re unable to earn due to their complications.
Loss of Earning Capacity
Patients who are injured by defective Exactech joint replacement devices may be left permanently disabled by their injuries. If you have been left disabled by your complications, this represents a loss or reduction of earning capacity which we can help you recover compensation for.
Pain and Suffering
Complications after a hip replacement surgery can result in tremendous physical pain and mental suffering, especially if a revision surgery is needed. We have decades of experience helping defective medical device clients accurately calculate the value of their pain and suffering and recover fair compensation for it.
Wrongful Death
If you lost a loved one due to complications from a defective hip implant, we can help you recover compensation which can help prevent your family from undergoing financial hardship due to the loss of your loved one. This includes compensation for your suffering and grieving as well as compensation for your loved one’s medical bills, funeral costs, burial costs, pain and suffering. This also includes compensation for the loss of your loved one’s income, companionship, love, spousal benefits and household services.
Exactech Hip Replacement Recall
Exactech MCS GXL, AcuMatch GXL, Novation GXL and Connextion GXL hip replacement devices have been recalled. The reason they have been recalled is because some of their components were packaged in defective bags.
The bags that the components were packaged in were supposed to contain multiple layers acting as oxygen barriers. However, the devices contained components which were packaged in defective bags missing an oxygen barrier layer.
The defective bags can let oxygen into the bags where it contacts plastic components before the components are implanted. If the components are exposed to a large amount of oxygen before implantation, the plastic components can become oxidated over time, leading to:
- Component fracture
- Excessive or early device wear
- Worsening or new pain
- Device failure
- Swelling
- Bone loss
- The necessity of revision surgery
Hip Revision Surgeries
Revision surgeries can involve extensive recovery times. It usually takes at least six months for patients to do basic activities like walking. It usually takes at least one year for patients to recover full functionality and to be able to take part in demanding activities. This may be a huge issue for those who undergo physical activities for pleasure or employment. The reduction in quality of life and lost wages which result require financial compensation.
Most instances of complications resulting from a defective hip implant will require a hip revision surgery. The plastic insert which failed due to the packaging defect will need to be completely replaced. While nobody looks forward to revision surgery, it is necessary to manually replace the defective component to fix the problem caused by the product defect.
It can take six months or longer after a revision surgery before patients are able to do basic activities by themselves like climbing stairs or walking. Full recovery typically takes at least a year, so it will be at least a year after your revision surgery before you’re able to do demanding things like athletics, lifting heavy objects, running or sports.
Serious issues can be caused for patients by this recovery period. The recovery period often prevents patients from working. It often necessitates that patients hire home assistants so they can get through daily tasks. Financial compensation is needed for these challenges in order to offset considerable costs regarding hired help. Compensation is also needed for the patient’s unnecessary quality of life reduction.
Stages of an Exactech Hip Implant Lawsuit
If we file an Exactech lawsuit on your behalf, the stages of the lawsuit will be:
1. Investigating Your Case
Civil litigation usually starts with an initial investigation when the lawyers representing the plaintiff gather evidence to support the case. This stage involves lawyers for the plaintiffs interviewing the plaintiff in order to build a case which can lead to a complaint being filed against any defendants. The plaintiff needs to have a valid basis in law and fact to file a lawsuit.
2. Pleadings
Pleadings involve the parties making a formal statement regarding the defense or cause of action.
Paperwork which is filed by defense and plaintiff counsel is called pleadings. Pleadings detail the case of each side. Counsel for the plaintiff files a complaint. An answer to this complaint is filed by the counsel for the defense.
Defective medical device litigation which involves numerous plaintiffs alleging similar facts and wrongdoing against shared defendants is typically known as a mass tort. In mass torts, parties might immediately file a motion to consolidate all of the cases in a single court. Consolidation happens when common issues of law and fact exist. Aggregating litigation usually leads to more efficient litigation.
3. The Discovery Process
Discovery, in short, is when parties exchange information and evidence.
This stage is when lawyers conduct fact-finding which lets each side prepare for alternative dispute resolution or trial. This is the most costly and labor-intensive stage of a lawsuit.
During discovery, parties utilize interrogatories to discover cases’ facts. Interrogatories can’t be used to ask questions which draw legal conclusions, though. Interrogatories are discovery tools parties use to make sure specific questions get answered prior to trials. Interrogatories consist of lists of questions which are sent to opposing parties and need to be responded to via writing. Many forms can get produced during this stage like document requests, written questions, an initial census, requests for certain facts to be admitted to, a plaintiff fact sheet, a plaintiff profile form, analysis and collection of medical records, and more.
4. The Pre-Trial Conference
A court proceeding will take place prior to a trial to determine the case’s issues. This litigation stage can see settlement negotiations take place. Alternative dispute resolution, which is usually quicker than trial, might also get discussed at this stage.
Arbitration may take place at this stage. This is similar to a trial, but presented before an arbitrator rather than a judge. Arbitrators’ decisions can be non-binding or binding.
Mediation may take place at this stage. A mediator’s function is not to make a decision as to who wins, but rather to help plaintiffs and defendants agree upon a resolution. Mediation agreements signed at the conclusion of mediation are binding legal contracts and courts can enforce them.
5. Settlement
A settlement is typically confidential and involves the defendant paying money to the plaintiff. Settlements may happen at any time during the lawsuit process – even prior to pleadings being filed. Courts might ask parties to talk about settlement before trial depending upon evidence, allegations, etc. Possible reasons for settlements include unwillingness to spend money to defend or pursue, discovery weakening a position, or just making matters go away.
6. Trial
When litigation isn’t resolved pre-trial, a trial will commence. Years can pass before a trial occurs.
Both sides will present the facts and evidence they gathered beforehand. Plaintiffs have the burden of proof so they go first. The defense then presents their case in order to refute any allegations. At the conclusion of a trial, a judgment gets rendered which is in favor of the defense or plaintiff.
If the losing side doesn’t agree, an appeal may be filed by them.
7. Appeal
Lawyers can file appeals to dispute the outcomes of cases in trial. Strict deadlines exist regarding the filing of appeals. The process of appeals can be lengthy and might postpone judgment collection.
Exactech Hip Replacement Lawsuit Updates
June 1, 2024 Update
277 cases are currently pending in the Exactech MDL involving hip implants. In addition, 170 Exactech hip cases are pending in state court in Florida.
December 20, 2022 Update
While hip replacements are expected to last around twenty years, a lawsuit filed on December 15 in New York by a New York woman alleges that her hip implanted failed after a mere four years due to a Connexion GXL Liner, leading to a need for revision surgery.
The lawsuit alleges that defective components in her implant were packaged in defective bags which were missing an oxygen barrier layer, allowing oxygen to reach device components prior to implantation.
The lawsuit alleges the plaintiff experienced osteolysis and polyethylene wear, leading to painful complications which necessitated revision surgery in order to replace components.
August 16, 2022 Update
After almost 250,000 devices have been recalled by Exactech in the last year, a recall of Exactech hip devices has been expanded and now includes an additional 40,000 components which might be defective and have high failure rates.
Last week saw the hip implant recall expanded to involve acetabular hip liners which are used in the company's Novation, MCS, Acumatch, GXL and Connexion systems.
Exactech, in June 2021, recalled almost 90,000 Acumatch and Novation hip implants, indicating the components were failure-prone because of issues with a plastic acetabular liner.
The recall expansion is due to the company discovering that its hip implant components may have been packaged in defective vacuum bags which were mistakenly missing an oxygen barrier layer meant to protect the components from oxidation.
April 27, 2022 Update
A Texas woman, on April 19, filed a lawsuit in Texas which alleges that she developed catastrophic implant failure and metallosis, or metal blood poisoning, due to an Exactech hip replacement.
The lawsuit indicates the issues were due to a Connexion GXL hip liner's defective design.
Connexion GXL's poly liners have issues which led to an Exactech hip recall being issued in June 2021. Exactech has acknowledged the liners are prone to deteriorating and causing osteolysis, a condition involves surrounding tissue and bone being destroyed.
The lawsuit indicates the woman needed her implant to be removed six and a half years after implantation due to catastrophic wear and significant metallosis.
The lawsuit alleges Exactech knew the devices had high failure rates for many years, but continued selling the defective implants in order to profit.
March 18, 2022 Update
A lawsuit was filed on March 15 in New York by a New York man who alleges he needed revision surgery after developing osteolysis due to the failure of an Exactech hip replacement implant.
The lawsuit alleges the company knew or should have known that the implant's polyethylene liners would loosen and fail prematurely, yet delayed recalling the devices.
The lawsuit alleges that the plaintiff experienced loosening of the implant, leading to severe pain as well as the necessity of revision surgery less than six years after implantation.
February 23, 2022 Update
A lawsuit was filed on February 11 in Arkansas claiming that a defectively designed Connexion GXL Liner which was used in an Exactech Novation hip replacement implant failed prematurely, causing a man to need revision surgery.
The lawsuit alleges that the device's defective designed led to excessive polyethylene wear which ultimately led to the implant failing. The lawsuit indicates that Exactech should have recalled the devices much sooner after having received notice of high failure rates.
The lawsuit alleges that revision surgery was made necessary by severe osteolysis which occurred around eight years after implantation. The condition is a painful one which involves progressive bone degeneration.
The lawsuit alleges the company knew or should have known that the device had risks associated with it long before the device was recalled in June 2021.
How Long Do I Have to File My Lawsuit?
State laws which are referred to as statutes of limitations give you a time limit to file your Exactech hip lawsuit.
This time limit is different depending upon the state involved. Because of this, it’s very important than you call us as soon as you can after you experience side effects related to your hip implant.
Should you wait too long, you might forever be barred from filing a lawsuit in order to recover compensation for your complications.
Contact us now to learn more regarding the legal options you have and start getting the ball rolling towards recovering compensation.
What Should I Do if My Exactech Hip Replacement Was Recalled?
If your Exactech hip implant was affected by recall, you need to contact your medical provider, especially when you’re experiencing:
- Joint instability
- Swelling
- New or worsening pain
- Grinding or other noise
- Inability to bear weight
Contact your surgeon if you are not sure if your implant has been recalled. Your surgeon might contact you in order to find out if your implant’s functionality is OK and may order X-rays should they suspect your implant might have failed.
It’s not recommended that you have surgery if you’re not experiencing pain or additional issues such as walking problems.
There’s a process explained on Exactech’s website for patients who have defective implants and wish to submit claims for financial compensation. However, we want to make sure you’re aware that if you file a claim directly with Exactech, you may waive any legal rights you have to file a lawsuit.
You may qualify to file a lawsuit against Exactech. This lawsuit might end up giving you way more compensation than you’d receive by filing a claim directly with Exactech. For this reason, you should call us today for a free consultation before you to agree with any settlement Exactech.
Remember: we won’t charge any fee until and unless we recover money to compensate you for your complications. Call us today.
