Numerous cases filed in various U.S. District Courts claim that polyethylene parts of the recalled knee, hip, and ankle implants were faulty and prone to early failure.
A recall was issued in February 2022 for 1,500 identical components used in Exactech Vantage ankle implants and more than 140,000 Optetrak, Optetrak Logic, and Truliant knee replacement systems implanted in patients since 2004.
The manufacturer issued a warning at the time, stating that the polyethylene inserts were packaged in vacuum bags that were “out-of-specification,” exposing the plastic components to oxygen prior to surgery and raising the possibility of early failure once the implant was within the body.
Plaintiffs claim in the actions included in this proposed MDL that they obtained Exactech devices that underwent premature wear or failure as a result of product defects, that they suffered resulting personal injuries, and that they have already undergone revision surgery to remove the devices or will do so soon.
Exactech Does Not Oppose Multi-District Consolidation, But Still Defends Implants
On a number of points crucial to the validity of the plaintiffs’ claims, the Exactech Defendants disagree with the plaintiffs. However, as will be explained in more detail below, the Exactech Defendants concur that the plaintiffs’ actions raise common issues of fact, and that centralizing the proceedings will be in the best interests of the parties, witnesses, and the just and efficient administration of this matter.
According to the request, each of the cases raises analogous issues of fact and law that would benefit from coordinated management throughout discovery into related areas of the claims. Additionally, it is anticipated that the magnitude and breadth of the action will grow as knee replacement attorneys continue to examine and submit claims over the ensuing months and years.
Exactech contends in its filing that no joint replacement design can promise an implant will fail indefinitely due to a variety of variables. Plaintiffs attribute the issues to the defective vacuum bags, which Exactech acknowledges contributed to the issues it is currently attempting to address with the recalls. Despite the rising number of lawsuits, the business asserts that only few implants connected to the issue have really failed.
If you or a loved one has been impacted by one of the Exactech medical devices, please contact the New York attorneys at Rheingold Giuffra Ruffo Plotkin & Hellman for a free consultation today. Our experienced team has over 50 years of experience with product liability and medical malpractice cases.
