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EEOICPA & RECA Attorneys

Stephens & Stephens has obtained over $60 million through the Radiation Exposure Compensation Act and the Energy Employees Occupation Illness Compensation Act for our clients

Gloria ReynoldsGloria Reynolds
04:16 30 Mar 24
Stephens & Stephens was very helpful in getting my claim processed and helping me in getting my settlement, staff was knowledgeable and professional and very kind if I call and needed to ask a question they would call me back within a timely manner. Thank you so much for your help .Continue to be blessed Gloria
Dee GodfreyDee Godfrey
18:49 12 Mar 24
I was astounded with the service I received from Mr. Hugh Stephens in regard to my husband's compensation claim. He was not only efficient, but also compassionate, and communicated clearly and frequently. Because of his outstanding efforts and expertise, I, who am now a grieving widow, am unexpectedly stabile and secure. I had little to do. He did all the heavy lifting. I'm so very grateful for his help. I'll always remember not only his professionalism, but also his kindness.
Audrey OgletreeAudrey Ogletree
22:19 09 Mar 24
From: Laurence OgletreeI received good assistance from Stephens & Stephens in submitting the recent claim for increased impairment benefits from the Energy Workers program.
Randy MooreRandy Moore
14:48 07 Mar 24
I was a machinist at Honeywell F.M.&T.and developed bilateral tinnitus and bilateral sensorineural hearing loss. They helped me file a claim with EEOICPA in 2017. Stephen’s & Stephen’s was very good to work with, they take care of all the paperwork and help with any paperwork I receive from the Department of Labor. They stay on top of things helping with scheduling impairment reviews etc.I feel that without their help this would have been a very overwhelming process.I plan on still using them if any other illnesses occur due to my employment with Honeywell.
Mike DauzatMike Dauzat
15:54 02 Mar 24
I highly recommend Stevens and Stevens. Hugh Stevens and his staff are very professional and very friendly. They're extremely good at making sure you get the full amount of money you deserve. If you need a DOL lawyer, I highly recommend this team. I can't be more happy that I picked Stevens and Stevens.
Mary YbarraMary Ybarra
01:33 27 Feb 24
Stephen’s and Stephen’s has kept fight for my dad. Now they are fight for my mom. They are on top of things and I would recommend them to anyone who needs help and guidance with the Uranium mines.
Dianne HarperDianne Harper
01:02 17 Feb 24
Robert and I are very pleased with Mr. Hugh Stephens and all that he has done for us. From the first moment we spoke, we sensed that though Mr. Stephens exhibits sharp business acumen, he cares deeply about his clients and he has a huge heart.
Diane pontonDiane ponton
17:38 07 Feb 24
I tried to get others to help me with this claim, and it wasn"t until I hired Mr. Stephens that things started happening. I would recommend any one to get in touch with him . I would go to him again, if i ever needed to.
Judy LeonardJudy Leonard
22:26 06 Feb 24
I very much appreciate the successful litigation concerning my husband's Hanford work related illness. Stephens & Stephens LLP were thorough, caring, considerate, and fair during this difficult time.
Kenneth GKenneth G
18:23 03 Feb 24
Mr. Stephens was able to simplify an otherwise complicated lengthy process (DEEOIC) to file an initial claim as well as a claim for impairment benefits.
18:08 03 Feb 24
Frankie KnucFrankie Knuc
19:24 08 Jan 24
I had other attorneys hired in Cortez, Colorado and Grand Jct., Colorado to assist me with receiving my uranium claim, but they were not successful. I was advised by an employee of CNS of Stephens & Stephens, LLP good work. I contacted them & they took my case It was settled very quickly. I have been very pleased with this group & would advise others of their prompt service. I would recommend them to others. Respectfully, Frankie Knuckles
Rebecca ConsolRebecca Consol
19:57 22 Dec 23
My family used Stephen’s and Stephen’s for a settlement case. We were extremely pleased with all they did. They were very professional, easy to get a hold of, and invaluable when it came to answering questions and handling complicated Department of Labor issues and forms. They also did everything in a very timely manner. I have already recommended them to other people.
Thomas CliffordThomas Clifford
15:29 21 Dec 23
I have been represented by Hugh Stevens for several years now, He and his staff has made everything so easy for me. I had lung cancer from working in the uranium processing industry, they have opened so many doors for me and made dealing with DOL so much easier. They always answer my questions in a very timely manner. I have referred several other people to him and he has been able to get them through this process also. There are benefits that I was not aware of that he has brought to my attention and been able to lead me through the process of obtaining them. I would most highly recommend him to lead anyone through this process.
Lonnie killingHawkLonnie killingHawk
02:35 14 Dec 23
When I first contacted Stephens & Stephens I was at the end of my rope with DOL. Hough and his staff got me on track and handled everything with DOL and just made this process so easy. Do not know where I'd be with out them. They are able to communicate at a layman's level and understand the client. Would strongly recommend this firm.
Ruthy LyonRuthy Lyon
21:00 28 Sep 23
Our initial conversation with Mr. Stephens was productive & reassuring. His previous experience with similar cases was obvious and very helpful, in both asking us specific questions for clarification & also addressing our own questions. Breanna is also a great asset to their team.
James O'DayJames O'Day
15:07 13 Sep 23
I have referred several friends to Hugh Stephens and they were more satisfied than they ever expected. I would refer him with confidence to anyone in need. I trust when he speaks for me, for example, in court. He is a good communicator and a deep thinker. He is well respected in his profession. He handles environmental law, injury law, and medical malpractice. He is tactful and direct and knows what he is doing. He knows the legal briar patches well.

Exactech Lawsuits

In August 2021, Exactech recalled about 200,000 knee, hip, and ankle prosthetics manufactured since 2004. The products are said to have been shipped in defective packaging (off-specification) that allowed the product polythene components to oxidize before the expiry of their shelf lives. At least 142,732 defective inserts have already been used on patients nationwide. The effect of this is that the implants may fail early, leading to complications for thousands of people that will require surgical correction.  

After the recall, Exactech wrote to surgeons urging them to stop using the defective implants and follow up with patients to determine if they needed additional hip or knee replacement surgery. Victims of these defective prosthetics are filing for claims directly in the Exactech class action lawsuit in New York and State Courts (Re: Exactech Polyethylene Orthopedic Products Liability Litigation, MDL No. 3044). These include those whose defective Exactech implants failed, requiring surgery.

If your implant fails, you will likely experience certain symptoms, such as implant noise or grinding, pain, swelling, instability, and inability to bear weight. Follow up with your doctor to assess if you had any recalled prosthetics or are experiencing these symptoms. You should consult our Exactech lawyers for advice and help file a product liability lawsuit. You may be entitled to financial compensation for your pain and medical expenses, and Stephens & Stephens can help.

Exactech Lawsuit Update January 2024

The Exactech class action MDL status conference is scheduled for March 13, 2024, to discuss the discovery process and the selection of bellwether cases. New York and Florida MDLs are selecting cases for bellwether test trials. As of January 2024, there were over 1,000 cases filed by plaintiffs against the manufacturer.

Progress of the Exactech Lawsuit 

When Exactech realized its products were defective, it acknowledged and owned the problem by stopping knee and ankle implant surgeries. Apart from writing to doctors, they also instructed hospitals to return their recalled device inventory- this might make the compensation process much more manageable.

Later, in 2022, Exactech expanded the recall of the hip and ankle replacement implant to include other 40,000 acetabular hip liner components. The company again wrote to healthcare providers advising them of the new recall.

In October 2022, the JPML officially consolidated the Exactech implant recall lawsuits into a class action MDL in the Eastern District of New York. The panel assigned the Exactech MDL to US District Judge Nicholas Garaufis of the Brooklyn-based Eastern District of New York, where many cases have been filed. The plaintiffs wanted a different judge, but the panel chose Judge Garaufis, who is more conversant with complex multidistrict litigation. 

Even though the defendant favored the consolidation, it preferred the Northern District of Florida, where the company headquarters are located. As of February 2023, new plaintiffs in the federal MDL could file their cases directly in the MDL using a short-form complaint.

The plaintiffs also asked the panel to include all the cases involving the recalled products in the MDL, even though none had received Novation hip implants, MCS, ankle implants, or the Acumatch. And if the cases materialize, they will be included in the MDL as tag-a-longs.

In December 2022, Judge Garaufis also approved the appointment of 27 attorneys for various positions in the plaintiffs’ leadership committees, including the executive committee, liaison counsel, and steering committee.

Another 50 Exactech hip and ankle lawsuits filed in Florida State Courts were consolidated into a State MDL Class Action, and the lawsuit may go to trial before the federal MDL. The judge of the State MDL in Florida has already issued an order scheduling the first bellwether test trial for November 2023. By January 2022, the state MDL in Florida had grown to 80 cases. 

In December 2022, Exactech lawyers filed a motion in both class actions to coordinate the discovery processes in the state and federal class actions. 

The plaintiffs’ Liaison Counsel created a website to publish the MDL proceedings, including court orders and deadlines, to inform lawyers and the public about the MDL status. 

In Mach 2023, the private equity companies behind Exactech lawyers wrote to the MDL judge requesting a pre-motion conference on a motion to dismiss complaints against them. They argue they were not involved in designing, manufacturing, packaging, or selling the recalled prosthetics. The plaintiffs are suing these companies alongside Exactech because they have great control over the decision-making and running of Exactech. The plaintiffs must prove that the parent company had domination and control over the subsidiaries.

As of April 19, there were 290 cases in the federal MDL and over 80 cases in the Florida State MDL, and the number is increasing by the day. The science day for the class action MDL is scheduled for May 10, 2023. It allows the lawyers on both sides of a product liability claim to make presentations and educate the court on the evidence and science surrounding the litigation. 

About the defective Exactech prosthetics

The company launched a recall after discovering a defect in the knee replacement system vacuum-sealed packaging, causing it to oxidize before use. These polyethylene inserts should be packaged in a vacuum and not exposed to oxygen during packaging and storage as they degrade from oxidation. When the patient is implanted with an oxidized knee insert, it quickly loses its functionality, causing mobility, discomfort, friction, and pain, requiring an unnecessary replacement.

The implants involved include:

  • Optetrak Knee
  • Truliant Knee
  • Optetrak Logic Knee
  • Vantage Ankle
  • Novation Hip
  • MCS Hip
  • Acumatch Hip

The Exactech knee prosthetics have had some issues in the past. It is alleged that the company was aware of the high failure rate of the OPTETRAK knee implants. Their reports in the FDA’s Manufacturer and User Facility Device Experience (MAUDE) show that the devices were failing at abnormally high rates, with implants receiving many complaints. 

The federal government and state sued Exactech for the problems associated with their products, in a lawsuit settled in 2012. The Department of Justice filed a lawsuit against the company for paying orthopedic surgeons to use their implants between 2002 and 2008. 

A whistleblower also sued the company under the False Claims Act, alleging that the company had knowingly supplied faulty knee replacements to VA, Medicare, and Medicaid beneficiaries. They were also linked to false claims submitted to Medicare.

In 2016/2017, Exactech users who experienced these failures filed product liability lawsuits against the manufacturer. However, the attorneys couldn’t figure out why the devices were failing. The plaintiffs’ attorneys attributed the earlier failures to their unique finned design feature. They also accused the company of pursuing a silent recall instead of warning consumers of the risk. 

Exactech then tried to curb the problem by redesigning the implants. However, the failure persisted even after the company phased out the finned designs of the product. As a result, the company began looking into other possible causes and discovered an oxygenation problem from their defective vacuum-seal packaging. The company then gave a recall notice.

Exactech Fast-Track FDA Approval

From 1994 to 2017, Exactech obtained a 501(k) clearance from the FDA for its Optetrak, Optetrak Logic, and Truliant total knee replacement implant devices. This form of clearance is also known as fast-track approval or premarket notification, as it doesn’t require manufacturers to prove the effectiveness of their products. 

Instead, it requires manufacturers to explain the products’ substantial equivalence to a pre-MDA predicate device, after which the FDA clears the product for sale in the US. All the recalled Exactech products were cleared through the 501(k) process. They did not receive full FDA review and approval but were “substantially equivalent” to predicate devices in the market for years. Such products have been frequently mentioned in product liability lawsuits because they are not thoroughly tested for defects.

Exactech Opterak Marketing Questioned

In its marketing, Exactech described Optetrak as “first-in-class” with excellent long-term clinical outcomes. It also told consumers that the Optetrak systems had nearly three decades of clinical success with proven outcomes for patients as its improved design caused less stress on the polyethylene insert components. However, the company’s product performance was lower compared to the competitors. 

Also, Exactech-authorized sales representatives were always present during the first and corrective surgeries involving their products as per protocol. Thus, they witnessed the products’ excessively high failure rate and quick degeneration firsthand. The sales reps are said to have reported the issues to the company. Instead of investigating the underlying issues, they promoted and sold the products without warning hospitals, surgeons, and the FDA.  

Did Exactech conceal its product problems?

It is alleged that Exactech knew that their Opterak products were defective as early as 2012 but took too long before taking action. Evidence suggests that the company’s corporate executives knew their implant systems had high failure rates, which led to complications, unnecessary pain, surgeries, and additional medical expenses to patients.

Despite knowing the underlying problems with their products, the Exactech founders sold the company to a private equity company called TPG Capital in 2018. TPG bought the outstanding Exactech shares at $49.25, converting it from a public company to private ownership. Only years after the acquisition, the company recalled its defective products. If the recall had been done before the company went private, their stock would have been immensely affected, and shareholders possibly filed lawsuits.

It is also alleged that once Exactech discovered their TKA (Total Knee Arthroplasty) implants were failing prematurely, they started to replace the tibial trays of some Optetrak models without notifying the public, doctors or patients. Their deliberate moves to conceal evidence might lead to high punitive damages from the jury in the litigation. Be a part of this litigation with the help of our Exactech lawsuit attorneys.

What are the expected Settlement Payouts in the Exactech Lawsuit

There are no reported Exactech lawsuit settlements, so we can’t be sure what the settlements will be like. However, based on other knee replacement settlements, the average payout might be $110,000 or higher. The payouts may also include punitive damages, amounting to hundreds of thousands of dollars. 

Get Compensation For Exactech Lawsuits with the Help of Stephens & Stephens, LLC

A lawyer from Stephens & Stephens, LLC can help. Our Exactech mass torts attorneys can be reached when you call 1-800-548-4494 or fill out the contact form on our website.