Exactech Ankle Replacement Surgeries Moving Offshore
To avoid legal scrutiny in the United States, manufacturer of defective medical implants Exactech is now focusing on ankle replacement surgeries in South America.
Manuel Pellegrini, MD, and Giovanni Carcuro, MD, of the Clínica Universidad de los Andes, performed the bilateral ankle procedures in Chile earlier this month.
“Many patients worldwide are benefitting from the Vantage Ankle, and I’m honored to be the first to use it on my continent,” said Dr. Pellegrini. “My patient not only received one, but two Exactech implants, and I look forward to seeing their progress post-surgery.”
“We are thrilled to be part of this landmark procedure,” said Exactech’s Foot and Ankle Marketing Director Devan Carter. “The Vantage Ankle has helped many patients get back to what they love doing, and we’re happy to share these clinical results with patients and surgeons in Chile. We hope to expand into other Latin American countries in the future.”
Foreign Judicial Systems vs. the U.S. Judicial System
90% of the world’s jury trials take place in the United States. Therefore, South Americans injured by defective Exactech ankle implants have few legal options. Whether they have defective implant attorneys, filing an injury claim after suffering harm will likely be difficult, and even if a judge accepts the filing, a victim will most likely never have a day in court.
However, victims of defective Exactech ankle implants have considerable legal options in the United States. For instance, a “failure to warn” lawsuit is one of the leading options.
Exactech’s ankle implants are prone to premature failure because faulty packaging allows oxidation. Air degrades artificial joints just like air degrades leftover food.
As mentioned in our defective Exactech hip implant blog, all companies (including Exactech) have a duty to warn customers about known adverse side effects.
Multinational companies like Exactech often own facilities all over the world that each produces separate components. When assembled, these components do not always work together the way they should.
Exactech’s inadequate packaging is a good example. If the company gives a packaging manufacturer inadequate product information, the packaging might not sufficiently protect the final product.
When the company discovers the error, the company often believes it is too expensive to go back and fix things. Therefore, the company knowingly sells something like defective ankle implants. This situation is tailor-made for a large punitive damages award.
Exactech Artificial Ankle Issues
Effective implant product packaging contains multiple oxygen-blocking layers to protect the delicate implant. Ecactech’s packaging was missing one layer, possibly because the packager thought the extra layer was unnecessary, as outlined above.
Oxygen degrades the implant, which leads to a strong and robust implant becoming weak and flimsy. This weakness is especially bad for ankle implants. As soon as the patient gets up, the entire weight of the patient’s body smashes the defective ankle implant. Furthermore, as the patient walks, the device degrades even further. Even the most sophisticated hip, knee, and ankle implant will wear out over time. Additional wear and tear accelerate the process.
A strong Exactech implant might last ten or more years. Furthermore, the device shows clear signs of aging, allowing doctors to get a head-start on potential replacement surgery.
A weak Exactech implant might last less than five years. Furthermore, premature device failure is a sudden failure. Almost literally, the device is fine one day and falling apart the next day. Sudden revision surgery usually takes away whatever mobility the ankle implant restored. Moreover, sudden device failure is incredibly painful.
As a result, the survivor is much worse off than before. Doctors generally prescribe addictive opioid pain pills to these patients. The physical pain is just the beginning. The sudden loss of mobility also causes substantial emotional pain as these survivors are forced to withdraw from family and friends.
In 2022, Exactech voluntarily recalled most ankle implants. But a voluntary recall does not compensate injury survivors. Only a personal injury attorney can do that.
Reach Out to a Diligent Defective Exactech Ankle Implant Lawyer
If you or a loved one has a defective Exactech ankle implant and has suffered severe harm, you may have a case. If you or a loved one had a revision surgery for a defective Exactech ankle implant, you may have a case. For a free consultation with an experienced defective Exactech implant lawyer, contact The Yost Legal Group today: 1-800-967-8529.