Exactech is a medical device company that has faced numerous lawsuits in recent years. These lawsuits have focused on various issues with the company’s implantable medical devices, including issues that the company has acknowledged in recalls filed with the U.S. Food and Drug Administration (FDA).
Among the products Exactech has recalled are the company’s shoulder replacement systems. After issuing a recall in 2015, the company has now issued another recall as of June 2023.
Exactech’s Latest Shoulder Replacement Recall: What Patients Need to Know
Exactech issued its latest shoulder replacement system recall after identifying an issue with the “ball and spring” mechanisms used in the handle of the orthopedic stereotaxic instrument used during surgery. As a result of the issue, the device can become dislodged during disassembly or impaction, and this has led Exactech to advise that doctors should “immediately cease distribution or use of the product and quarantine any of the devices . . . and return them.”
Unfortunately, complications during surgery aren’t the only risks that Exactech shoulder replacement patients face. The shoulder replacement devices themselves can fail, potentially resulting in internal damage, infections, and other issues. As a result, patients who have received Exactech shoulder replacements should consult with their doctors concerning the risks they may be facing, and those who experienced complications should speak with a lawyer about their legal rights.
Filing a Lawsuit for a Defective Exactech Shoulder Replacement System
Patients who have experienced complications as a result of their shoulder replacement surgeries may have claims against Exactech. The company is no stranger to litigation, as it has faced lawsuits across the country related to its hip, knee and ankle replacement systems as well. It has a long history of selling dangerous and mislabeled products—as acknowledged in its own recall statements—and this has unfortunately left many patients worse off than they were before their replacement surgeries.
One of the first steps toward filing a lawsuit for a defective Exactech shoulder replacement system is to obtain a diagnosis of the issue. Not only is this important for asserting your legal rights, but it is also important for protecting your health. If you have any concerns about your Exactech shoulder replacement for any reason, you should see your doctor promptly. The issues caused by defective shoulder replacement systems can continue to worsen without treatment, so it is important that you get the treatment you need as soon as possible.
Once you have been diagnosed with a health condition related to a defective Exactech shoulder replacement system, you should:
1. Collect Your Medical Records
If you have a claim against Exactech, you will need your medical records to prove it. While your lawyer can work with your medical providers to gather all of the documentation you need, it will be helpful if you can collect any medical records you currently have in your possession. This includes any and all records related to your shoulder replacement surgery and subsequent treatment—scans, test results, bills, receipts, and any other documents you may have received from your medical providers or your insurance company.
2. Take Notes
It is also a good idea to take some notes. When did you have shoulder replacement surgery? When did you start to notice issues with your shoulder replacement? When did you first seek treatment for these issues? What was your diagnosis, and what treatment did your doctor recommend? These are all key pieces of information that you will want to share with your lawyer during your free initial consultation.
3. Schedule a Free Consultation with a Lawyer
Once you collect your medical records and take some notes, you will want to schedule a free consultation with a lawyer. Specifically, you should schedule a free consultation with a lawyer who handles defective medical device claims. These claims present some unique challenges, so it is important to choose a lawyer who has relevant experience—and ideally prior experience dealing with Exactech.
Calculating (and Documenting) the Costs of Your Defective Exactech Shoulder Replacement
When deciding whether to file a lawsuit, one of the most important considerations is the amount of financial compensation you are entitled to recover. The financial and non-financial costs of defective shoulder replacement systems can be substantial. Many patients are unable to cover the financial costs on their own, and the non-financial costs can impact all aspects of their lives.
The financial costs of a defective shoulder replacement include the costs of revision surgery and follow-up treatment—but this is just the start. Physical therapy, occupational therapy, prescriptions and medical supplies add significantly to patients’ financial costs as well. If you need to take time off from work (which will most likely be the case), your claim will also cover your lost wages; and, if you need help during your recovery (which will also most likely be the case), the cost of hiring help can also be included in your claim for damages.
Then, there are your non-financial costs. These include things like pain and suffering, emotional trauma, and loss of enjoyment of life. These are also losses you are entitled to recover. There are various methods for placing a “value” on these losses, and when you hire a lawyer, your lawyer will use his or her experience to ensure that he or she is seeking the full financial compensation you deserve.
For now, you can do your best to document your defective shoulder replacement’s effects. Along with keeping track of your expenses, this includes keeping track of how your defective shoulder replacement impacts your day-to-day life. When you meet with a lawyer, your lawyer will explain the additional steps you need to take to help maximize your chances of a full financial recovery.
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