The Exactech-Truliant Knee Replacement Lawsuits

On August 31st, 2021, Exactech recalled 147,732 knee replacement devices that had already been installed in patients’ bodies. According to Exactech, the plastic in the knee replacements could wear out prematurely causing the failure of the device. The plastic acts as an artificial cartilage in the replacement joint.

At this point, attorneys for the plaintiffs have won the motion to consolidate the claims into a class action. The cases have been consolidated right here in Florida where the Exactech headquarters are located.

Information for patients 

Anyone who has gotten an Exactech Optetrak or Truliant knee replacement is encouraged to add their name to this lawsuit. It is more than likely that even if you have not experienced any problems with your knee replacement, you will require a second surgery eventually. Since the plastic cartilage is the most important part of the knee replacement surgery, pain and loss of motion are likely as well as a return to the discomfort experienced prior to the replacement.

The FDA has labeled this a “class 2” recall. That means that any problems the knee replacement causes are likely to be temporary and correctable. Nonetheless, the plaintiffs will incur the added expense of a second surgery which would not have happened if the defendant’s knee replacement technology worked as advertised.

Don’t discuss your situation with Exactech 

Exactech is in the position of having no defense to claims of liability against them. Their only move is to limit damages. So, innocuous questions like, “How are you doing?” can become the basis for claiming that your injuries are not severe if you respond with, “Good,” as is typical of human interactions. Exactech may also offer you a settlement to cover any out-of-pocket medical expenses. That sounds good, but once you sign on the dotted line, you’re dismissing your claim against the company. Let your insurer cover your medical expenses and then sue the company that caused your injury in a subrogation claim.

Product liability and medical devices 

Medical devices are subject to the same rules as any other product. That means plaintiffs are not required to prove negligence in order to win their claim. They only need to establish that they were injured when they used the product correctly or in a way that could be readily anticipated by the manufacturer. In this case, the plaintiffs did not interact with their knee replacements in a way that would have shifted liability to them.

The lawsuit contends that the plastic in the knee replacements degraded after being exposed to oxygen on the shelves. The oxidized plastic weakened, resulting in the failure of the device. Depending on your situation, you may be able to recover much more than just medical expenses which is typical only of a no-fault claim.

Talk to a Florida Medical Device Product Liability Lawyer Today

Halpern, Santos & Pinkert represent the interests of Florida plaintiffs injured by dangerous or defective products. Call our Florida personal injury lawyers today to schedule a free consultation and we can discuss your allegations in more detail.