At least 10,000 Aussies file a class action lawsuit for faulty implants
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Technology is rapidly evolving, giving everyone more opportunities to enjoy a healthy and active life.
Unfortunately, such advances can be marred by negligence.
One such example is the shocking global recall of faulty hip, knee, and ankle implants from US-based company, Exactech—an incident that has affected up to 10,000 Australians.
The alleged ‘faulty’ implants made by Exactech have already caused serious physical and financial problems for several patients, and now, Australian legal firm Gerard and Malouf (GMP) is taking action.
The firm is launching a class action lawsuit on behalf of those affected, with the hope of wide-sweeping compensation amounting to up to $500,000 for each patient.
According to Exactech, the recalled hip, knee, and ankle implants were packaged in 'non-conforming vacuum bags', and they were missing crucial oxygen barrier layers that would have protected the devices from oxidation. If oxidation occurs, it can degrade the materials over time, causing them to break.
The company also said that the implants were designed to be long-lasting, but the insufficient packaging made them more prone to ‘both accelerated wear debris production, bone loss, and/or component cracking or fracture.’
Kerry Scott, 70, from New South Wales, is one of the people affected by the recall. Although Kerry had a double knee surgery in January 2020, she suffered years of pain due to the implant, and as a result, now needs to undergo a second surgery.
'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,' she said.
Scott’s doctor informed her of the recall at the end of 2021, and she would need a second surgery to replace the implant.
Exactech agreed to cover the costs of the patients’ replacement surgeries. However, GMP Law claimed that the company’s compensation was not enough, as other patients may need further surgeries.
Monetary damages range from $80,000 and $500,000, depending on each case. The assessment for damages will be on a case-to-case basis for each patient, which includes mobility deterioration, psychological impacts, and monetary losses.
Gerry Malouf, Chairman of GMP Law, called for patients who had an Exactech implant to join the class action and help hold the company liable.
'Most of these patients are vulnerable Australians who are now suffering as a direct result of Exactech’s negligence. We want to see all of those impacted receive fair and just compensation,' he said.
Members, if you’re feeling any pain or discomfort, seek a GP immediately!
What do you think of this story? Do you know someone who had Exactech implants? Let us know in the comments below!
Unfortunately, such advances can be marred by negligence.
One such example is the shocking global recall of faulty hip, knee, and ankle implants from US-based company, Exactech—an incident that has affected up to 10,000 Australians.
The alleged ‘faulty’ implants made by Exactech have already caused serious physical and financial problems for several patients, and now, Australian legal firm Gerard and Malouf (GMP) is taking action.
The firm is launching a class action lawsuit on behalf of those affected, with the hope of wide-sweeping compensation amounting to up to $500,000 for each patient.
Patients suffer from severe pain from the Exactech ‘faulty’ implants. Credit: Unsplash
According to Exactech, the recalled hip, knee, and ankle implants were packaged in 'non-conforming vacuum bags', and they were missing crucial oxygen barrier layers that would have protected the devices from oxidation. If oxidation occurs, it can degrade the materials over time, causing them to break.
The company also said that the implants were designed to be long-lasting, but the insufficient packaging made them more prone to ‘both accelerated wear debris production, bone loss, and/or component cracking or fracture.’
Kerry Scott, 70, from New South Wales, is one of the people affected by the recall. Although Kerry had a double knee surgery in January 2020, she suffered years of pain due to the implant, and as a result, now needs to undergo a second surgery.
'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,' she said.
Scott’s doctor informed her of the recall at the end of 2021, and she would need a second surgery to replace the implant.
Exactech agreed to cover the costs of the patients’ replacement surgeries. However, GMP Law claimed that the company’s compensation was not enough, as other patients may need further surgeries.
Monetary damages range from $80,000 and $500,000, depending on each case. The assessment for damages will be on a case-to-case basis for each patient, which includes mobility deterioration, psychological impacts, and monetary losses.
Gerry Malouf, Chairman of GMP Law, called for patients who had an Exactech implant to join the class action and help hold the company liable.
'Most of these patients are vulnerable Australians who are now suffering as a direct result of Exactech’s negligence. We want to see all of those impacted receive fair and just compensation,' he said.
Members, if you’re feeling any pain or discomfort, seek a GP immediately!
What do you think of this story? Do you know someone who had Exactech implants? Let us know in the comments below!
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