Exactech Class Action
GMP Law has initiated a class action lawsuit against Exactech—a global medical device company—over allegedly faulty hip, shoulder, and knee implants.
This legal action follows the recall of thousands of Exactech knee, hip and shoulder devices. If you have received an Exactech joint replacement, you may be entitled to compensation.
We’ve taken on this case to seek justice for affected recipients of these implants and to hold Exactech accountable for the alleged defects in their medical devices. Our class action team aims to secure compensation for those who have suffered complications or require revision surgeries due to these implants.
Current status
Are you among those affected by the wrongdoing of corporations or institutions, and as a result, suffered loss or injury? You don’t have to face this challenge alone.
At GMP Law, we have extensive experience in class action lawsuits, amplifying the voices of individuals who have experienced similar harms or losses. By joining forces, we can hold corporations and institutions accountable and seek the justice you deserve.
We launched the class action in Australia in 2024 following Exactech’s recall of defective knee, hip and shoulder products.
On 5th September 2024, Gerard Malouf & Partners commenced a representative proceeding in the Federal Court of Australia against Exactech Australia Pty Ltd ACN 146 150 754 (Exactech Australia) and Exactech Incorporated (Exactech US).
On October 30, 2024, Exactech Inc., the Second Respondent in this class action, filed for bankruptcy protection in the United States Bankruptcy Court in Delaware under Chapter 11. In its filing, Exactech Inc. disclosed its intention to place its Australian entity into administration within 75 days. GMP Law recognises the potential impact this development may have on class members and is actively pursuing information to protect the group’s interests.
GMP Law have sought Exactech’s global product liability insurance policies in order to see if there is an avenue for recovery on behalf of group members. We have asked Wotton + Kearney to produce these policies otherwise, they intend to seek orders for Exactech to produce them at the next case management hearing scheduled for November 14, 2024, at 9:30 am in the Federal Court.
Key developments
In 2021 and 2022, the Australian Therapeutic Goods Administration issued a recall of the Exactech defective inserts due to pre-operative storage issues. We understand the devices were packaged in a way that exposed them to oxidation which degraded the integrity of the implants.
The scope of this issue is significant and global:
- In Australia, we launched the class action in 2024, estimating that up to 7,000 people may have been affected by these allegedly defective implants.
- In the United States, a class action claim against Exactech was filed and the matter has now settled in favour of the complainants.
About the class action
This class action addresses serious allegations against Exactech regarding their hip, knee, and shoulder implants. The lawsuit centres on the company’s alleged failure to ensure the quality and safety of their medical devices, which has led to unexpected complications from many patients. We are seeking remedies for group members under the Australian Consumer law for:
Product liability: Exactech is accused of producing and distributing defective medical devices.
Negligence: Failure to properly test and ensure the safety of their products before distribution.
The TGA recall relates to Exactech hip, knee, and shoulder replacement implants.
Specifically, the following devices are included in the recall:
- Optetrak and Optetrak Logic knee replacement systems.
- Truliant knee replacement systems.
- Novation and Acumatch hip implants.
These components were widely used in joint replacement surgeries for over two decades.
Patients with the recalled implants have reported severe complications such as:
- Accelerated wear of the implant components
- Bone loss (osteolysis) around the implant
- Component loss or instability, including fatigue cracking or fracture
- Noise from the joint during movement
- Loss of osseointegration (fusion between the implant and the bone)
- Joint pain and swelling
- Infection
- Decreased range of motion.
These complications can significantly impact a patient’s quality of life and may necessitate revision surgery.
The defective implants have led to various health issues for affected patients:
- Chronic pain
- Reduced mobility
- Need for revision surgery
- Increased risk of infection
- Psychological distress
- Difficulty with daily activities
- Economic burden from mounting medical bills.
What’s next?
Are you eligible for compensation?
You may be eligible to join the class action and claim compensation if:
- You have had an Exactech hip, knee, or shoulder replacement after 1 January 2003.
- You’ve experienced complications or required revision surgery due to implant failure.
Even if you haven’t experienced complications yet, you may still be eligible if you have an affected Exactech implant.
To determine your eligibility and join the class action:
- Check your medical records or contact your surgeon to confirm if you received an Exactech implant.
- Document any symptoms or complications you’ve experienced since your joint replacement surgery.
- Register your interest with GMP Law.
Risk-free participation
There is no financial risk in registering with our firm and becoming a class member. We operate on a No Win No Fee basis. You will not incur any legal fees unless we win your case. If successful, the court may order the defendant to cover your legal fees and out-of-pocket expenses.
If the claim is unsuccessful, you will not be personally liable for any costs.
Take action today to ensure your rights are represented and to pursue the compensation you deserve.
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