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Class action investigation launched into Exactech implants

A personal injury firm launched a class action investigation into faulty hip, knee and ankle implants related to an Exactech recall.

user iconNaomi Neilson 08 November 2023 Big Law
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Gerard Malouf and Partners (GMP Law) commenced the investigation following Exactech’s decision to recall 200,000 of its implants globally due to defects caused by insufficient packaging.

The firm said it has received “multiple complaints” from Australian patients who are now “suffering with significant health complications” as a result of the insufficient packaging, which Exactech explained was the result of “non-conforming vacuum bags”.

“While the company has recalled the product, for hundreds and potentially thousands of Australians, the damage has already been done,” GMP Law’s chairman, Gerard Malouf, said.

As a result of the implants, patients have suffered extreme pain, fractures, loss of movement and, in some cases, further surgeries.

Mr Malouf said most of the patients are “vulnerable Australians” who are now suffering as a direct result of the alleged negligence.

“The recent issues with the defects in these implants is utterly unacceptable for any company, but particularly one that prides itself in high-quality products that are meant to improve the quality of life of its patients,” Mr Malouf said.

Newcastle woman Kerry Scott, 70, said a surgery in January 2020 was meant to “give me my life back”, but the symptoms of the implant – such as constant pain – have instead left her struggling daily.

Ms Scott said her doctor informed her of the recall at the end of 2021 and told her she would need a second surgery to replace the implant.

“Rather than improving my quality of life, the implant, and second surgery, has meant I not only still have difficulty playing with my grandchildren and great-grandchildren, but I now also struggle to complete daily activities,” Ms Scott said.

“To know this was potentially avoidable is extremely upsetting.”

Exactech has covered the costs of replacement surgeries, but the firm will argue this is not enough to adequately compensate patients.

GMP Law is now encouraging affected patients to come forward.

Naomi Neilson

Naomi Neilson

Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly. 

You can email Naomi at: This email address is being protected from spambots. You need JavaScript enabled to view it.

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