Patients Sue Exactech for Defective Knee and Ankle Replacement Parts
In a recent case, patients who underwent knee and ankle replacement surgeries have taken legal action against Exactech, a medical device manufacturer. The patients allege that Exactech knowingly used defective polyethylene liners or shells, labeled Optetrak and Optetrakfits, in these surgeries. These patients claim that Exactech hid the defects, which resulted in the need for revision surgeries, physical pain, emotional distress, and economic loss.
Defective Devices and Harmful Consequences
The patients argue that Exactech's Optetrak and Optetrakfits devices are defective due to oxidation from inadequate packaging. This oxidation leads to decreased longevity and failure of the knee and ankle replacement parts, ultimately requiring patients to undergo additional surgeries.
William Kruljac, David Turgiss, Daniel Trujillo, Michael Seth, Daniel A. Shepherd, Gregory Simpson, and Melody A. Doner are among the patients who have filed a lawsuit against Exactech and other related companies. They claim that these defective devices resulted in physical harm, including pain, suffering, loss of consortium, and loss of enjoyment of life.
Deceptive Practices and Economic Losses
Beyond the physical harm, these patients have also suffered significant economic losses. The need for revision surgeries resulted in substantial medical expenses and lost wages. Moreover, the patients argue that Exactech and other related companies engaged in deceptive practices, concealing the defects from healthcare professionals and patients.
The plaintiffs have accused Exactech of refusing to recall the devices, ensuring their continued use in surgeries despite the known risks. Consequently, more patients have been exposed to the risk of needing revision surgeries and experiencing additional pain and suffering.
Legal Action and Claims
The patients have filed a class-action lawsuit in the United States District Court for the Eastern District of New York. In their complaint, they allege violations of various consumer protection laws, breach of express and implied warranties, fraud, negligence, strict liability, and unjust enrichment.
Furthermore, the plaintiffs seek damages under the Racketeer Influenced and Corrupt Organizations Act (RICO) and the New York Business Corporation Law. They have asked the court to certify this action as a class action and grant relief for the affected patients.
What This Means for Consumers
If you or a loved one has undergone knee or ankle replacement surgery using Exactech's Optetrak or Optetrakfits devices, it is crucial to understand the potential risks. Patients who experienced complications or required revision surgeries may be eligible to file claims and seek compensation for physical harm, emotional distress, and economic losses.
Connecting with legal professionals experienced in medical device litigation can help affected patients better understand their rights and pursue appropriate legal action. As the case progresses, staying informed about Exactech's allegedly defective devices and their impact on patients can empower consumers to seek justice and hold companies accountable for their actions.
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