Joint Replacement Attorney
Fort Lauderdale Exactech Lawsuit Attorneys
Millions Won for Past Clients in South Florida
When you undergo joint replacement surgery, you trust that the implant will improve your quality of life and relieve the pain you’ve been enduring. However, not all medical devices work as promised. Faulty joint implants can lead to further surgeries and prolonged suffering.
At Schlesinger Law Offices, we have represented patients who have suffered from complications caused by failed Exactech joint implants. With a team of attorneys experienced in medical device litigation, we are committed to securing the justice and compensation our clients deserve.
Risks of Exactech Joint Implants
Recently, the U.S. Food and Drug Administration (FDA) issued an alert in their Safety Communication about the Equinoxe Shoulder System made by Exactech due to packaging issues that can lead to premature failure and potential health risks for patients. Manufactured between 2004 and August 2021, these devices were found to be enclosed in bags lacking a crucial oxygen barrier layer. This bag defect could accelerate the oxidation process, leading to premature wear, fractures, or implant failure, necessitating further surgical intervention.
The FDA recommends the following:
- Health care providers do not implant any Exactech shoulder replacements with the defective packaging.
- Do not remove functioning shoulder replacements from patients with no new issues.
- Closely monitor all patients who have Exactech shoulder replacements for physical symptoms of joint failure.
- Consider revision surgery for patients who are experiencing symptoms of joint failure. Healthcare providers should describe the benefits and risks of revision surgery with patients.
Get experienced, reputable attorneys to fight for you. Contact us online or call (954) 467-8800 now.
Exactech, in response to the FDA’s findings, has initiated recalls for shoulder, knee, hip, and ankle replacement devices with faulty packaging. This move aims to address the potential degradation of polyethylene components, which could compromise the implant’s integrity and patient safety.
Legal avenues are available for affected patients. Schlesinger Law Offices stand ready to assist patients dealing with health issues after receiving potentially compromised devices. Specializing in medical product liability, the firm offers free case evaluations to determine the best course of legal action. This may involve monitoring, further medical intervention, or pursuing legal claims for compensation due to the defective Exactech implants.
Exactech’s faulty packaging and the governmental, corporate, and legal responses underscore the complex nature of medical device product liability and highlight the importance of regulatory oversight and legal recourse in safeguarding patient safety and health. Patients and healthcare providers must stay informed on the latest developments and recommendations concerning these devices. Check with your doctor if you think your device is failing, and if you have legal questions, the attorneys at Schlesinger Law Offices can help.
How Do I Know if My Implant is Failing?
Recognizing the signs of a failing implant is crucial for addressing potential complications early and minimizing the risk of ongoing damage or needing revision surgery. For patients with the Exactech Equinoxe Shoulder System—or any joint implant—vigilance in monitoring one’s health and implant functionality cannot be overstressed. Here are key indicators that may suggest your implant is not performing as it should:
- Persistent Pain or Discomfort: While some discomfort is expected during the postoperative recovery, persistent or worsening pain that occurs months or years after the surgery can be a red flag. Pain may indicate inflammation, implant wear, or more serious issues such as device loosening or fracture.
- Swelling Around the Joint: Swelling is another sign of potential trouble. It can be caused by inflammation due to infection or other complications. Any unexpected swelling should prompt an immediate consultation with your healthcare provider.
- Reduced Range of Motion: Difficulty moving the joint after recovery may indicate the implant is malfunctioning. This could be due to several factors, including improper implant alignment or degradation, muscle damage, or scar tissue formation.
- Sounds from the Joint: Any unusual sounds, such as clicking, grinding, or popping, from the implanted joint are not typical and warrant further investigation. These sounds can result from premature wear of implant components, causing them to move against each other improperly.
- Instability or Weakness: Feeling that the joint is “giving way” or not providing the necessary support during movement can indicate implant failure. This sensation may result from the loosening of the implant components or other structural issues.
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Attorneys Scott Schlesinger and Jonathan Gdanski recently secured a $20 million jury verdict for Herbert Landi, the widower of a woman who died of lung cancer in 1999 caused by smoking cigarettes.
Symptoms of Failing Implants
If you experience any of these symptoms, it is important to act promptly:
- Consult Your Doctor: Early diagnosis is key to effectively addressing issues. Your doctor may recommend imaging tests such as X-rays or MRIs to assess the condition of your implant.
- Follow Up Regularly: Even if you are not currently experiencing symptoms, regular check-ups can help catch potential problems early. Your healthcare provider can monitor the implant’s condition over time and advise you on any necessary precautions or interventions.
- Consider Legal Advice: If your implant fails, it may be related to known defects or manufacturer negligence. The medical device product liability lawyers at Schlesinger Law Offices can help protect your rights and secure compensation for your pain, suffering, and financial losses.
Schlesinger Law Offices specialize in assisting patients facing complications from defective medical devices. We provide a free evaluation of your case; you will only pay if you win. We will explain your legal options and the steps you can take if your implant fails. With our expertise in medical product liability, we will advocate on your behalf, ensuring that you receive the necessary legal support during this challenging time. Click here to review a few victories we secured for our clients.
History of Exactech Recalls and Lawsuits
Exactech is a company that manufactures a wide variety of medical devices, and its products have been involved in several recalls and lawsuits. Notably, in 2021, it was identified that a range of their joint replacement devices were packaged in materials that failed to include a crucial oxygen barrier. This missing layer allowed for oxidation that can degrade plastic components over time. The damage to the plastic components allows for accelerated device wear, cracking, or even complete failure, poses a significant risk to patient health, and leads to recalls.
These recalls affected a variety of Exactech’s product lines, including knee, hip, and ankle devices manufactured between 2004 and August 2021. Their urgency underscored the potential for widespread impact on patients, leading to a flurry of lawsuits.
Legal Repercussions and Patient Advocacy
More than 1,100 patients have sought legal recourse against Exactech, filing lawsuits to claim compensation for the injuries and complications they have endured. These legal claims center on the premise that Exactech’s defective packaging compromised the integrity of the implants, leading to premature failure, pain, bone loss, and the necessity for revision surgeries.
Exactech lawsuits illuminate the broader implications of product liability in the medical device sector. Patients allege that the company failed to ensure the safety and effectiveness of its products, an obligation that is paramount given the potential for these devices to cause harm when they malfunction.
The Nuances and Intricacies of Medical Device Product Liability Law
When you have been harmed by a faulty medical device, navigating the complex terrain of medical device product liability law can seem overwhelming. Determining fault in these cases requires a thorough understanding of legal doctrines and principles. Schlesinger Law Offices is knowledgeable and experienced in this vital area of law designed to protect patients from harm caused by defective medical devices. These laws were created to achieve a balance between fostering medical innovation and ensuring patient safety.
Key Principles
- Strict Liability: Unlike negligence, strict liability does not require proof of a manufacturer’s fault. If a medical device is found to be defective and causes injury, the manufacturer can be held liable regardless of their intent or care level.
- Types of Defects: Liability can arise from many types of defects such as: Design Defects, Manufacturing Defects, and
Failure to Warn. - The Role of the FDA: The FDA regulates medical devices. While FDA approval can sometimes be presented as evidence of safety, it does not absolve manufacturers of liability. The regulatory process and post-market surveillance are critical components in identifying and addressing potential risks.
Challenges and Considerations
- Causation and Damages: Plaintiffs must prove that the defect directly caused their injury and accurately quantify their damages, including medical costs, lost income, and pain and suffering. Schlesinger Law Offices can provide significant insight and support in this area.
- Preemption: Some cases may encounter the issue of preemption, where federal law governing FDA-approved medical devices could potentially override state laws under which product liability claims are made. The attorneys at Schlesinger Law offices understand preemption and will handle these complicated legal details while you concentrate on healing.
- Expert Testimony: Due to the technical nature of medical device litigation, expert witnesses play a crucial role in establishing the presence of defects, the causation of injuries, and the extent of damages. Schlesinger Law Offices has long-standing relationships with medical experts that help us build strong cases to ensure justice and proper compensation for our clients.
Get experienced, reputable attorneys to fight for you. Contact us online or call (954) 467-8800 now.
Patients who have received Exactech Equinoxe Shoulder Systems may have crucial concerns following reports that Exactech has now issued a voluntary recall for shoulder replacement. At Schlesinger Law Offices, we understand the gravity of these concerns and are here to explain the key information patients need. As premier Fort Lauderdale Medical Device Product Liability Lawyers, we have the expertise to address the complications arising from potentially defective medical devices. In one case, we secured over $3 million for a client with a defective hip implant.
If you have encountered issues with a shoulder replacement using the Equinoxe Shoulder System (or any other joint implant) from Exactech, Schlesinger Law Offices can extend a professional helping hand to help you understand the complexities of your product liability claim. Our legal team is highly trained to provide insight and advocacy for individuals affected by potentially flawed shoulder systems. We are dedicated to ensuring that your rights are fully protected and that any compensation due to you is pursued with the utmost tenacity.
If you or a loved one has been affected by an Exactech joint replacement recall and are experiencing complications or have undergone revision surgery, you may be entitled to compensation. Schlesinger Law Offices, based in Fort Lauderdale, is prepared to evaluate your case and guide you through the product liability legal process. Our dedicated legal team is committed to advocating for your rights and seeking the justice you deserve. Contact Schlesinger Law Offices today to schedule a free consultation and take the first step towards recovery. Remember that we work on a contingency basis, so you only pay if we win your case.
Frequently Asked Questions (FAQ)
Q: Can I file a lawsuit if my medical device is recalled?
A: Yes, a recall can serve as evidence that the device may be defective. However, to pursue a product liability lawsuit, you must demonstrate that the defective device caused your injury. We can help you determine this crucial point.
Q: How long do I have to file a lawsuit?
A: The statute of limitations varies by state, so it is essential to consult with an attorney like the product liability lawyers at Schlesinger Law Offices to ensure your claim is filed within the legal timeframe.
Q: What compensation can I seek in a medical device product liability lawsuit?
A: Compensation can include medical expenses, lost wages, pain and suffering, and sometimes punitive damages intended to punish the manufacturer for egregious or fraudulent conduct.
Q: What should I do if I have experienced complications after a shoulder replacement involving the Exactech Equinoxe Shoulder System?
A: If you have experienced complications following a shoulder replacement with the Exactech Equinoxe Shoulder System, seek medical attention immediately to address any health concerns. Subsequently, contact a legal professional at Schlesinger Law Offices to discuss your case and consider filing a product liability lawsuit against Exactech.
Q: Do I need an attorney to file a product liability lawsuit?
A: Given the complexity of product liability law and the resources of medical device manufacturers, partnering with an experienced attorney like those at Schlesinger Law Offices can significantly increase your chances of a successful outcome.
Q: Are patients ever at fault for the complications caused by defective medical devices?
A: Patients are not at fault for the complications arising from defective products. Schlesinger Law Offices emphasizes that the manufacturer is to blame for not adhering to rigorous safety and quality standards. Affected patients have the right to seek legal recourse for the manufacturer’s oversights.
Potential clients are encouraged to contact Schlesinger Law Offices directly for personalized assistance or further information. Our knowledgeable staff can address any concerns specific to their personal situation.
