Results achieved in prior matters are not meant to be a guarantee of success as the facts and legal circumstances vary from matter to matter.
In August 2021, knee implant manufacturer Exactech initiated a recall of its polyethylene knee inserts after confirming that approximately 80% of inserts manufactured since 2004 were packaged in out-of-specification (non-conforming) vacuum bags. In April 2022, the company expanded the earlier recall to nearly 150,000 polyethylene inserts used in knee replacements.
The reason for the recall is that Exactech used non-confirming packaging that would allow oxygen to interact with and degrade the plastic insert before it was implanted in the knee, causing oxidation before the insert is implanted. The Exactech recall letter to clients states:
During a recent review of its knee implant manufacturing process, Exactech learned that one of the packaging layers for the plastic insert has been out of specification and may allow oxygen from the air to diffuse into the plastic insert prior to it being implanted in your knee. If a large amount of oxygen diffuses into the plastic insert while it's being stored and before it is implanted, this can lead to a process called oxidation, which can cause the plastic to wear out earlier than expected or to become damaged after it is implanted into the patient's body. See Exactech recall notice to patients.
For more information, see the Exactech recall notice to healthcare professionals.
Oxidation can wear out prematurely and cause damage to the plastic after it is implanted in the patient's body, causing injury to the patient. In addition, without the plastic insert, there is no cushioning to absorb the impact of movement, causing metal-on-metal or metal-on-bone articulation, resulting in pain and injury to the patient.
According to the recall notice, patients who have had a knee implant should see their doctor for a clinical exam and x-rays.
Wilentz, Goldman, & Spitzer, P.A. is accepting cases from patients who have been injured by defective Exactech implants. If you or a loved one has been experiencing pain or complications following a knee replacement surgery that occurred after 2004, call us to speak directly to an attorney about your legal options. There is no charge for the consultation.
Don’t worry, most patients do not know who manufactured the components of their knee implant. We can help you get that information, and we will review your records and let you know if you have a case.
Angelo J. Cifaldi
President and Managing Director; Co-Chair, Mass Tort/Class Action and Cannabis Law Teams
Shareholder
732.855.6096
212.267.3091
Lynne M. Kizis
Co-Chair, Mass Tort/Class Action Team
Shareholder
732.855.6424
212.267.3091
Joshua S. Kincannon
Counsel
732.855.6141