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Class action filed against Exactech for faulty implants
A class action lawsuit has been filed against medical device company Exactech, alleging that its hip, knee, and ankle implants have resulted in individuals suffering significant health issues.
Grace Robbie
Last week, personal injury firm Gerard Malouf & Partners (GMP Law) launched a class action suit against Exactech Australia Pty Ltd ACN 146 150 754 (Exactech Australia) and Exactech Incorporated (Exactech US).
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GMP Law has initiated a class action lawsuit in the Federal Court of Australia on behalf of individuals who have received an Exactech knee, hip, or shoulder replacement after 1 January 2003.
The class action alleges that the medical device company’s “joint replacement components were exposed to oxidisation via defective packaging, which caused the components to fail within the body far earlier than represented by Exactech”.
Additionally, the personal injury firm alleges that “the post-production thermal process which sealed the components of the implants was not completed in accordance with industry standards” and “there is an abnormal risk of patients requiring revision surgery for these implants”.
As a consequence of Exactech’s alleged actions, Australians who have received their implants have experienced substantial health complications, including “chronic inflammation, tissue and bone necrosis, severe pain, and multiple surgeries, resulting in significant losses”.
GMP first launched an investigation into a potential class action in November 2023 after the medical equipment supplier recalled over 200,000 of its implants globally due to defects caused by insufficient packaging.
The primary applicant, Simon Harrold, underwent a surgical procedure in March 2019 to receive an Exactech knee implant when he was 52 years old. However, in October 2023, he reported experiencing “persistent knee swelling and a ‘clunking’ sensation when moving his knee”. Subsequently, a month later, Harrold had to undergo a revision surgery to replace the Exactech implant. Despite the surgery, he “continues to suffer from pain, intermittent swelling, and other pathology in relation to his knee”.
Gerard Malouf, the chairman of GMP Law, said: “When patients undergo procedures like knee, hip, or shoulder replacements, they place immense trust in the manufacturers to provide durable, safe, and effective products. The allegations against Exactech suggest a serious breach of this trust.
“This raises significant concerns about the quality control and safety standards within the medical device industry.
“Companies must be held accountable for ensuring their products meet the highest standards of safety and effectiveness.”
