Heninger Garrison Davis is dedicated to standing up for individuals suffering from defective medical devices. One of the most troubling cases in recent years involves the recall of Exactech orthopedic implants.
Protecting Patients Impacted by Exactech Knee Implant Failures
These implants, widely used in knee replacement surgeries, were found to have a critical defect that could cause premature failure, leading to severe pain and the need for revision surgery. If you or a loved one has experienced complications related to an Exactech knee implant, we are here to help you seek justice and compensation. Contact us today to learn more about your legal options and how we can assist.
Am I Eligible to File a Claim for an Exactech Orthopedic Implant Recall?
Determining your eligibility to file a claim for the Exactech orthopedic implant recall depends on several factors. Below are the primary criteria to help assess whether you may qualify:
You Received an Affected Exactech Implant
The recall applies to specific models of Exactech knee, hip, and ankle implants that included a defective polyethylene insert. As such, you may be eligible if you received a recalled implant during your surgery. A medical professional or attorney can help confirm whether your implant is part of the recall by reviewing your medical records.
You Experienced Implant Failure or Related Complications
Patients who suffered from premature implant failure due to the degraded polyethylene component may be eligible to file a claim. Symptoms and complications often include:
- Acute pain in the joint
- Swelling, stiffness, or inflammation\n
- Reduced mobility or inability to perform daily activities\n
- Implant loosening or instability\n
- The need for revision surgery to replace the defective implant
You Have Undergone or Are Scheduled for Revision Surgery
If your Exactech implant failed prematurely and required revision surgery, or if you are scheduled for revision surgery in the future, you likely meet the criteria to file a claim. Revision surgeries are invasive, costly, and often involve longer recovery periods, adding to the physical and financial toll.
You Incurred Financial Losses
Eligibility extends to patients who experienced significant financial burdens due to the defective implant. These may include:
- Medical expenses for surgeries, rehabilitation, and follow-up care
- Lost wages due to time off work
- Out-of-pocket expenses related to managing your condition
You Experienced Emotional and Physical Pain
In addition to financial losses, you may be eligible to recover damages for:
- Pain and suffering caused by the failed implant and subsequent treatments
- Emotional distress from the physical and mental toll of your condition
- Loss of quality of life, such as reduced ability to participate in work or leisure activities
You File Within the Statute of Limitations
Your eligibility may depend on whether you file your claim within the statute of limitations for your state. This time limit typically starts from the date of the injury, implant failure, or when you became aware of the defect. An attorney can help you determine how much time you have to file.
Contact Us Today.
The sooner you take action, the better your chances for a favorable resolution.
What Kind of Compensation Can I Get for an Exactech Orthopedic Implant Recall Claim?
If a defective Exactech orthopedic implant has harmed you, you may be eligible for several types of compensation to help cover your physical, emotional, and financial losses. The compensation you may receive generally falls into two categories: economic damages and non-economic damages. In some cases, punitive damages may also be awarded.
Economic Damages
Economic damages aim to reimburse you for measurable financial losses resulting from the defective implant. These may include:
Medical Expenses
- Costs of revision surgery to replace the failed implant
- Hospital stays, rehabilitation, and physical therapy
- Medication and medical equipment needed for recovery
- Future medical care related to complications from the defective implant
Lost Wages
- Compensation for time missed from work during treatment, recovery, or revision surgery
- Lost earning capacity if the injury has impacted your ability to return to work or limited your career prospects
Other Out-of-Pocket Expenses
- Transportation to and from medical appointments
- Costs of hiring caregivers or making modifications to your home to accommodate mobility issues
Non-Economic Damages
Non-economic damages compensate you for intangible losses that don’t have a clear monetary value but significantly impact your quality of life. These may include:
Pain and Suffering
- Physical pain caused by the implant failure, additional surgeries, and recovery
- Chronic discomfort or mobility issues resulting from complications
Emotional Distress
- Anxiety, depression, or emotional trauma caused by your experience
- Stress related to the uncertainty of your health and financial future
Loss of Enjoyment of Life
- Reduced ability to engage in hobbies, exercise, or daily activities you enjoyed before the implant failure
- Impact on personal relationships and overall quality of life
Punitive Damages
Courts may sometimes award punitive damages to punish the manufacturer for gross negligence or willful misconduct. While these damages are not guaranteed, they can apply if Exactech knowingly failed to address the defect or concealed its risks.
Wrongful Death Compensation
If a loved one passed away due to complications related to a defective Exactech implant, their surviving family members may be eligible for compensation. This may include:
- Funeral and burial expenses
- Loss of financial support
- Loss of companionship and emotional support
