A class action brought on behalf of those who received hip, knee and ankle implants has settled for $8.7 million, pending court approval.
Proceedings that alleged medical device company Exactech caused significant health injuries to recipients of its hip, knee and ankle implants has settled for $8.7 million, inclusive of legal costs.
Gerard Malouf & Partners (GMP Law) said the settlement was made without admission of liability and remained subject to approval from the Federal Court of Australia, due to be heard late next month.
A settlement and opt-out notice has been distributed to group members and remains publicly available. It details their rights so support, objection or opting out of the settlement process.
“Group members are strongly encouraged to carefully review the notice to understand their rights and options,” GMP Law said.
The proceedings, filed last September, alleged Exactech’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”.
The post-production thermal process, which seals the components of the implants, was allegedly “not completed in accordance with industry standards”, leaving patients at risk of requiring revision surgery, GMP Law claimed at the time.
“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 trust,” GMP Law chairman Gerard Malouf said last September.
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
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