Exactech Looks to Save Money—and Limit Victims’ Rights—by Offering Third-Party Payouts
In June 2021, Exactech issued recalls of the Exactech Connexion GXL hip liner and the Optetrak and Optetrak Logic knee implants due to premature device failures. To inform implant recipients of their respective device recall, Exactech sent letters to implantees, offering to cover out-of-pocket expenses to have the implant revised.
In return for covering revision costs, Exactech required the implantee sign a release, which waived the company of legal responsibility for device failure. In other words, Exactech sought to pay off victims in exchange for agreeing not to pursue litigation.
The devices failed due to the use of non-industry-standard polyethylene liners and improper storage, which exposed the liners to oxygen, causing rapid deterioration. As a result of Exactech’s malfeasance, victims have developed osteolysis (bone degeneration) as their implants oxidized and broke down within their bodies. This severe condition has left people with damage beyond what a simple revision surgery can repair.
In the letter, Exactech recommended patients with the recalled implants follow up with an orthopedic doctor to test for osteolysis via X-Ray. If signs of osteolysis were present on the X-ray, the letter urged patients to contact Broadspire, a third-party organization hired by Exactech to pay off injured individuals.
However, Exactech was not offering this payout from the goodness of their heart. The real reason Exactech offered the upfront reward was to convince victims to waive their legal rights. After all, a long, drawn-out lawsuit with a potential jury-awarded payout in the end would cost Exactech significantly more money than payment upfront with no lawsuit.
Exactech has chosen to work with Broadspire to sweep their wrongdoing under the proverbial rug and avoid paying those harmed by their many defective products the money they truly deserve.
If you or a loved one has an Exactech hip or knee implant, call The Yost Legal Group at 1-800-YOST-LAW (1-800-967-8529) or email us at email@example.com today for a free consultation. We are investigating claims of those harmed by the defective Exactech hip and knee implants and fighting to get people the compensation they truly deserve. There is no fee or expense unless you recover.