Litigation is just beginning for these cases. By the company’s own admission, more than 143,000 patients may have been impacted. Due to the significant number of likely victims, these cases are expected to be transferred to MDL.
One federal lawsuit currently underway, Wilson et al. v. Exactech, Inc., Case No. 4:22-CV-136-BRW, alleges the following concerning the Novation Crown Cups and Connexion GXL Liners, components of the hip implants:
- Exactech continued to market and sell the product after they knew it was producing higher than normal wear rates.
- The company falsely represented the products as being less prone to wear than competitor products.
- The product’s design itself promotes excessive wear.
- The company made claims that were not supported by unbiased scientific research.
- The company rushed the product to market without conducting adequate performance testing
- The recall was only issued after the company had developed a replacement product.
- The company failed to warn doctors and patients about the potential for excessive wear and premature failure.
Similar cases are being filed throughout the country, including four cases in New York City alone. Exactech is not communicating directly with patients about the recall. Instead, the company has delegated this to physicians. The passage of time as well as the bureaucracy in the health care system may prevent patients from receiving this information.
Consequently, many patients are unaware that the safety of their implants is in question. Attorney advertising will be a key factor in ensuring the public is informed.
On October 7, 2022, the U.S. Judicial Panel on Multidistrict Litigation granted the motion to centralize the Exactech litigation to the Eastern District of New York and assigned Judge Nicholas G. Garaufis to preside over the litigation. As of the date of the transfer order, a total of 75 cases and potential tag-along cases were pending. Twenty-six of these cases had originated in the Eastern District of New York, and this played a role in the court’s decision to select this district.
The panel noted that no pending claims or potential tag-along claims had been filed regarding the Vantage total ankle replacement systems but stated that the inclusion of these cases in the MDL could be addressed during the conditional transfer order process should such cases be filed. The case is MDL 3044. As of January 17, 2023, 123 cases were pending in the MDL.
On January 26, 2023, plaintiffs filed the Master Personal Injury Complaint with 11 causes of action. The allegations are summarized below.