When you have a medical device implanted or replaced, you expect it to help you have a better quality of life. Whether the device is used to treat a medical condition or reduce your pain level, having it can help you feel better and enjoy life, but things do not always go as planned.
Exactech is a medical device manufacturer that makes artificial joints to help patients increase their quality of life by reducing their pain and improving their mobility. In August 2021, Exactech recalled thousands of knee and ankle replacements after the U.S. Food and Drug Administration (FDA) found the devices were exposed to too much oxygen during shipment. This caused the devices to break down prematurely and lead to serious health concerns for patients, many of whom had to undergo emergency surgery to repair the problems.
After the FDA found problems with the way Exactech shipped the medical devices, the company confirmed that about 80 percent of knee and ankle implants were shipped in defective packaging. Because of the potential danger to patients, Exactech recalled these devices and expanded the recall to include some of its hip replacement components.
Because this recall involves thousands of medical devices, there are potentially thousands of patients who could be exposed to hazards. Exactech has not alerted patients directly but instead contacted doctors. Physicians are directed to speak with patients about the potential problems.
Patients are also learning about problems by experiencing symptoms or injuries:
With the onset of these symptoms and injuries, the defective medical product is now wreaking havoc. Without prompt attention, these issues could become life-threatening. Infections especially can lead to severe complications, often requiring surgery to fix.
Because surgery is invasive and expensive, you may be suspicious of undergoing another procedure that could require months of recovery and additional pain. However, you may have some options.
While your sole focus is on your health and recovery, knowing the cause of your additional pain and suffering is key. When you have a successful medical products liability claim, you may be able to collect compensation to help you cover expenses, but this is a complex and challenging legal process. You should have a trusted and experienced lawyer who can work diligently while you recover.
There are different types of medical products liability claims:
Because the issue with these Exactech medical devices arises from the shipping process, you could argue that Exactech defectively manufactured the medical device. You will need to show that the company’s failure to ensure adequate shipping caused damages. This might seem straightforward, but you will need a lawyer.
You will need evidence to prove you have been injured by a defective medical device. This can be done through a thorough investigation and from medical reports about your condition before, during, and after your procedure.
Keeping a journal can help you remember all the hurdles, pain, and medical procedures you had to endure. Over time, you will not remember all of the issues you faced. Writing these down every day will help paint a picture of the disruption it caused to your life.
You may be able to get compensation for the following:
Depending on the additional medical procedures you have to endure, you could face months or years of medical procedures. This disrupts your daily life, but it also creates a severe financial strain.
If you have an implant that has been recalled, you should immediately contact your doctor. It is even more urgent if you are experiencing any pain or symptoms. After you speak with your doctor, speak with one of our Philadelphia defective medical device lawyers at Brookman, Rosenberg, Brown & Sandler. Call us at 215-569-4000 or contact us online to schedule a free consultation. Located in Philadelphia, we serve clients throughout New Jersey and Pennsylvania, including Delaware County, Chester County, and Philadelphia County.