Since the company’s beginning in the 1980s, Exactech, Inc. has been one of the world’s leading manufacturers and distributors of artificial hip replacement devices. The Exactech Novation Crown Cup hip replacement device, with its Connexion GXL liner, was introduced on the market in the U.S. in 2007, and it was recalled in 2021.
This specific model (catalog number 136-40-XX) was the first to be announced as defective, but quite quickly, more models were added to the Exactech, Inc. recall list, including more of the Novation devices and a number of the MCS and AcuMatch® devices, all of which have the defective Connexion liner. If you have one of these devices, even if you aren’t currently experiencing any problems, you might qualify for a lawsuit and compensation.
When Did the Recall Happen?
In June 2021, Exactech, Inc. sent letters and emails to healthcare providers recalling some of the GXL Connexion liners used in their MCS, AcuMatch®, and Novation hip implants, but at the time, the company didn’t give a specific reason for the recall. In August 2022, Exactech, Inc. added to the recall, including all hip replacement devices with plastic components packaged in defective bags.
Why Was it Recalled?
While the original reason for the Exactech, Inc. recall was vague, in March 2023, the U.S. Food and Drug Administration (FDA) issued a safety communication that gave more details. The communication reminds patients and healthcare providers about the Exactech, Inc. devices manufactured between 2004 and August 2021 and recalled in 2021 and 2022. Many of the affected devices were packed in defective packaging bags that were missing an oxygen barrier layer to protect the devices from oxidation, a chemical reaction that degrades plastic over time.
Signs of Hip Replacement Failure
When you receive a hip replacement, you expect some soreness and some recovery time from surgery before you’re back to your normal, mobile self. What you don’t expect is your device to fail earlier than expected and cause various types of pain and discomfort. Often, these issues that arise from defective hip replacement parts can only be corrected through revision surgery. Defective Exactech, Inc. devices can cause the following types of problems in patients:
- Component fracture
- Device failure
- Bone loss
- Inability to bear weight
- Instability
- New or worsening pain
- Noises such as clicking, grinding, or popping
- Revision surgery
- Swelling
- Difficulty walking
- Dislocations
- Early and excessive device wear
How to Know if You’re Affected
According to the recall information on the Exactech, Inc. website, approximately 41,102 defective hip replacement devices were distributed in the United States. This number includes the previously specified MCS, AcuMatch®, and Novation models, which all have the defective plastic Connexion GXL component.
Exactech, Inc. also noted that 493,000 of their knee and ankle replacement devices sold from 2004 to 2022 were affected.
If you received a hip, knee, or ankle replacement using Exactech, Inc. components but are unsure if your specific device is affected, you can check your Exactech serial number to see if it’s included in the product recalls.
You May Be Eligible for Compensation
For those who do have affected hip replacement devices from Exactech, Inc., you can receive compensation to cover a variety of damages, including:
- Loss of income from having to miss work due to the failure of the defective device
- Costs associated with the removal, replacement, or repair of your hip replacement device
- Non-economic damages due to your pain from the device (mental anguish, pain and suffering, etc.)
The amount of compensation varies and can be determined by the following:
- Details surrounding your pain
- How quickly the device failed you
- Your age
- Employment status
Settlements Awarded and Filing Deadlines
Although exact settlement awards are hard to calculate, it’s estimated that these Exactech lawsuits could pay out between $100,000 to $300,000, based on similar settlements in the past. Claimants could receive smaller or larger amounts, depending on their exact injuries.
State law outlines that Arkansas residents have three years from the onset of their injury to file a product liability case. For medical malpractice claims, the statute of limitations is only two years. The statute of limitations begins running down as soon as a patient is first made aware (or should have known) of their injury and connects it to the defective product.
If You’re in Pain, We Can Help
Due to the complexity of medical recalls, it can be daunting and confusing to deal with a lawsuit like this on your own, but our experienced Little Rock product liability lawyers at McMath Woods, P.A. are here to help you through it. We are on your side and will fight for your right to compensation for these defective devices so that you can move on to living your best life without pain or discomfort.
