An Alabama man has filed an Exactech knee lawsuit against the makers of his knee replacement, claiming his device was defective.
Plaintiff Marcus T. of Alabama was implanted with an Optetrak knee implant manufactured by Exactech. He believes, according to his Exactech knee lawsuit, that “A defectively designed and manufactured Optetrak knee implant left the hands of Defendants in its defective condition. Defendants delivered the Defective Device into the stream of commerce and allowed it to be implanted in a total knee arthroplasty in Plaintiff.”
Marcus believes that as a direct and proximate result of Exactech putting their Optetrak device into the stream of commerce, he was forced to undergo a knee revision surgery.
He says that he has suffered and continues to suffer “both injuries and damages, including but not limited to: past, present and future physical and mental pain and suffering; past, present and future medical, hospital, rehabilitative and pharmaceutical expenses; and other related damages.”
According to this Exactech knee lawsuit, the first Opetrak knee implant device was implanted in a patient in 1994. A total knee arthroplasty is done under general anesthesia and is primarily done to relieve pain from arthritis or knee trauma.
Exactech has marketed their Opetrak system as a device with over 30 years of success, but by 2008, according to this Exactech knee lawsuit, Exactech became aware of early failure rates of their knee system.
It is believed that they were aware because of the fact that many patients reported the need for revision surgeries earlier than expected. Allegedly, by April 2008, there were internal discussions at Exactech regarding the early onset of Optetrak knee implant failures.
Also, during this month, this Exactech knee lawsuit claims that Exactech evaluated data that looked at early failure rates as well as beginning designs on a new component for the Optetrak device to help prevent failure. The data revealed that the rate of potential problems and failure with the Optetrak device increased in patients who were obese or overweight.
Even so, this Exactech knee lawsuit alleges, the makers of the Optetrak knee implant device did nothing to recall the device, stop the sale of the device, or warn the public or patients about the allegedly defective device. Additionally, Exactech allegedly did nothing to change the labeling or alert surgeons of possible problems that their patients my experience. It also did not alert the U.S. Food and Drug Administration of potential problems and the known increased risks.
By 2012, this Exactech knee lawsuit reports that the defendants had even more evidence regarding their Optetrak knee implants failing at a higher rate than normal.
The MAUDE study reported that there were incidents of revision surgery due to “aseptic loosening”, “pain and visible loosening”, and “pain, limited mobility, knee swelling and sensitivity” due to “loose” joint.
Marcus is bringing forth claims of negligence, violations of the Alabama Deceptive Trade Practices Act, Alabama Extended Manufacturer’s Liability Doctrine, fraudulent misrepresentation, negligent misrepresentation, fraudulent concealment, breach of express warranty, breach of implied warranty, and fraud.
This Exactech Knee Lawsuit is Case No. 2:17-cv-01735-RDP in the United States District Court for the Northern District of Alabama, Southern Division.
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