PRESS RELEASE: Class Action Against Exactech in Federal Court of Australia

Gerard Malouf & Partners commenced a representative proceeding in the Federal Court of Australia against Exactech Australia Pty Ltd ACN 146 150 754 (Exactech Australia) and Exactech Incorporated (Exactech US).

The claim alleges that the Exactech 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. The claim also alleges the post-production thermal process which sealed the components of the implants was not completed in accordance with industry standards.

The claim also alleges that there is an abnormal risk of patients requiring revision surgery for these implants. These implants were the subject of a recall by the Australian Therapeutic Goods Administration on 27 October 2021.

Affected individuals have experienced health issues such as chronic inflammation, tissue and bone necrosis, severe pain, and multiple surgeries, resulting in significant losses.

Lead applicant Simon Harrold received his Exactech knee implant in March 2019 at the age of 52. By October 2023, he experienced persistent knee swelling and a “clunking” sensation when moving his knee. In November 2023, he required revision surgery to replace the Exactech implant and continues to suffer from pain, intermittent swelling, and other pathology in relation to his knee.

Speaking on the case, Chairman of GMP Law, Gerard Malouf commented, “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.”

Anyone who received an Exactech knee, hip or shoulder replacement after 1 January 2003 should contact Gerard Malouf & Partners and register for this class action. For more information on GMP Law or to join the class action, visit www.exactechclaim.com.au.

For more information on this story or to speak with the lead plaintiff and someone from GMP Law, please contact: [email protected]