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Has Exactech Escaped Liability by Filing Bankruptcy?

Posted on December 18, 2024December 18, 2024 by Loni Liss

Exactech is a global medical device company that creates orthopedic implant devices and surgical instrumentation for joint replacement surgeries.

In June 2021, Exactech issued recalls of its knee, hip, and ankle implant systems due to defective packaging that caused the polyethylene inserts to oxidize prematurely. This failure led to rapid device deterioration and early implant failure.

As a result of this premature device failure, thousands of implantees required revision surgery or developed serious health issues, such as osteolysis.

Lawsuits have been filed against Exactech by patients seeking compensation for their past and future medical expenses and pain and suffering caused by the defective implants.

Due to the volume of cases filed, the lawsuits involving the recalled knee and ankle products were consolidated into a Multi-District Litigation (MDL) in October of 2022 in the Eastern District of New York.

Similarly, several cases of recalled hip and ankle products filed in Florida remain consolidated in the Florida state court.

Over 3000 lawsuits are collectively pending in the MDL and Florida state court.

Exactech Enlisted Broadspire for Cheap Payouts

Exactech took deliberate steps to minimize payouts to patients harmed by their defective medical devices, a decision that significantly impacted the lives of those affected.

In an initial effort to avoid paying harmed patients what they truly deserved, Exactech chose early on to provide an upfront settlement option.

They hired Broadspire, a third-party settlement administrator and risk management company, to handle the claims reimbursement process. In doing so, Exactech sought to limit financial responsibility and reduce compensation amounts.

Patients were encouraged to file a claim with Broadspire to obtain reimbursement for their out-of-pocket medical expenses only.

Filing a claim through Broadspire would exclude critical compensations like lost wages, additional medical bills, and non-economic damages such as pain and suffering.

Exactech’s strategy was designed to pressure claimants into settlements that fell significantly short of what they truly deserved, a clear injustice.

Thus, a settlement through Broadspire would NOT compensate a victim for the total damages they suffered. Essentially, Broadspire was used to lure patients in by appealing to people’s desire for quick money without the need for a lawyer.

Exactech Faces Mounting Litigation Costs Over Harmful Implants

As time passed, Exactech’s legal troubles increased exponentially. Thousands of lawsuits were filed against the company by individuals who experienced life-changing adverse physical reactions from their defective implants.

According to Exactech, this generated high litigation expenses for the company. The added expenses jeopardized its cash flow and – among other factors – derailed the once profitable medical device business.

Facing escalating litigation costs that threatened its financial stability, Exactech took action to limit its liabilities.

Exactech Declares Chapter 11 Bankruptcy

On October 29, 2024, Exactech filed for Chapter 11 Bankruptcy in the U.S. Bankruptcy Court for the District of Delaware. This move is seen as an attempt to avoid liability to over 3,000 victims harmed by their defective orthopedic products.

The filing for bankruptcy has triggered an “automatic stay,” effectively halting all legal actions against Exactech, including cases in the MDL, Florida state court, and bankruptcy court.

This stay will remain in place as the bankruptcy court reviews Exactech’s financial situation and petition.

Additionally, the Broadspire program is no longer in effect, and all bellwether cases scheduled for trial will not proceed.

At this time, while court proceedings have been stayed, limited information is available.

Our Commitment to Holding Exactech Accountable for Defective Implants

Attorneys are awaiting critical decisions from the Bankruptcy Court regarding the company’s potential reorganization and the final deadline to submit proof of claim forms for each claimant.

The Yost Legal Group understands how concerning Exactech’s bankruptcy is for those affected. While this development impacts ongoing litigation, we remain committed to assisting our current Exactech clients in understanding their legal rights and next steps.

Our primary goal is to protect your best interests throughout this process.

Exactech Litigation Updates for Our Clients

If you are an existing client of The Yost Legal Group, we will continue to inform you about what is happening in the Exactech litigation.

You may have had or will require revision surgery. Please continue your medical care according to your doctor’s recommendations and keep us informed.

If you are a current client and have questions about the Exactech Defective Implant litigation, call us at 1-800-Yost-Law (1-800-967-8529).

We are unwavering in our commitment to holding Exactech accountable for their defective products. Our product liability attorneys will continue to post Exactech recall updates on the Exactech Recall Lawsuits.

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New York Times Finally Covers Hair Relaxer Litigation

Posted on June 26, 2024October 11, 2024 by Loni Liss

After 8,000 Hair Relaxer Lawsuits Filed, Mainstream Media Pay Attention to Cancer Risk

Earlier this month, on June 13, 2024, New York Times Magazine contributing writer Linda Villarosa published “The Disturbing Truth About Hair Relaxers.” Her expansive 6,300-word article was the ripe fruit born from over a year of research about hair relaxer lawsuits.

She interviewed dozens of scientists, government officials, legal experts, and, most importantly, hair relaxer users. Her findings, while shocking to some, were no surprise to us here at The Yost Legal Group.

We have been covering the hair relaxer litigation for two years. Unfortunately, we are all too familiar with the dangers, cancers, and deaths caused by chemical hair straighteners.

The sub-head continues: “They’ve been linked to reproductive disorders and cancers. Why are they still being marketed so aggressively to Black women?”

The easy answer is “Money.” Cosmetics companies like Avlon, L’Oréal, and Revlon have made hundreds of billions of dollars on the heads of Black women without any regard for the effects upon people’s lives.

Hair Straighteners Linked to Uterine Cancer in Black Women

Women who used hair straighteners (mostly Black) were 2.5 times more likely to develop uterine cancer. Black women are more than twice as likely to die from uterine cancer than other racial and ethnic groups studied in 2022 by The Journal of the American Medical Association Oncology.

All peer-reviewed studies we have seen show that chemical hair relaxers and straighteners are carcinogenic, yet cosmetics companies continue to market and sell them. It is time to hold them accountable.

Have you been diagnosed with endometrial cancer (not to be confused with endometriosis), non-serous ovarian cancer, or uterine cancer? Have you used chemical hair relaxers or chemical hair straighteners regularly for years? Contact The Yost Legal Group today at 410-659-6800.

Our lawyers for personal injury will help you understand your rights to file a hair relaxer lawsuit. If you used a dark and lovely relaxer and were diagnosed with any of these cancers, we can file a dark and lovely lawsuit on your behalf.

There is a direct connection between hair relaxers and cancer. Click here for hair relaxer lawsuit update information.

Urgent Warning for Black Women Using Hair Straighteners

If you have never used chemical hair relaxers or lived with someone who did, it might be easy to underestimate how prevalent they are among Black women.

According to a 2019 study published by the Journal of Exposure Science & Environmental Epidemiology (and cited in Villarosa’s New York Times Magazine article), 89% of Black women studied reported having used chemical hair relaxers/straighteners at least once.

In 2011, the United States hair-relaxer market generated $71 million just from sales to salons and other professionals. That revenue dropped to $30 million by 2021. However, those figures do not account for the many products sold off-the-shelf directly to consumers.

If you have been diagnosed with uterine cancer and have used hair relaxers regularly, you should consider filing a product liability lawsuit. The toxic chemicals in chemical hair straightening products increase your risk of cancer.

Although the harmful chemicals in these products were known to be carcinogenic, manufacturers continued to use them in their hair products. Multiple studies show the risk of developing uterine cancer with prolonged use of hair straighteners or relaxer products.

Hold Cosmetics Companies Accountable for Carcinogenic Hair Products

Hair Relaxer Brands Linked to Reproductive-Organ Cancers:

· African Pride

· Avlon

· Bantu

· Carson

· Dark and Lovely

· Just for Me

· L’Oréal

· ORS Olive Oil

· Revlon

· Strength of Nature

Hair-straightening products have been on the market since the 1950s. In many families, brand loyalty has become a tradition. Mothers passed their products onto their daughters, who would eventually pass the products onto their own daughters, and so on and so forth.

Some women have decades of chemical hair relaxer use. The blatant disregard for the health and well-being of women of color by these manufacturers is evident. Now, a light is shining on the truth.

Higher Uterine Cancer Risk Linked to Hair Straightening Chemicals, NIH Study Reveals

A recent study from the National Institutes of Health (NIH) has found that women who use chemical hair straightening products face a higher risk of developing uterine cancer than those who do not use these products.

The research, which drew data from 33,497 U.S. women aged 35-74 participating in the Sister Study, highlighted an increased risk, particularly among Black women, who reportedly use these products more frequently.

According to the findings, women who used hair straighteners more than four times in the previous year were more than twice as likely to develop uterine cancer compared to those who did not use the products.

Notably, the study did not find any associations between uterine cancer and other hair products such as dyes, bleach, highlights, or perms.

Key Findings from the Study:

Women who never used hair straighteners had a 1.64% chance of developing uterine cancer by age 70.
Frequent users (more than four times a year) faced a risk that increased to 4.05%.
During nearly 11 years of follow-up, 378 uterine cancer cases were diagnosed among the participants.

Dr. Alexandra White, head of the NIEHS Environment and Cancer Epidemiology group and the study’s lead author, emphasized the significance of these findings. “This doubling rate is concerning. However, it is important to put this information into context—uterine cancer is a relatively rare type of cancer.”

Despite accounting for about 3% of all new cancer cases, uterine cancer remains the most common cancer of the female reproductive system, with an estimated 65,950 new cases in 2022.

Alarmingly, studies indicate that the incidence rates of uterine cancer have been rising in the United States, especially among Black women.

This study underscores the importance of further research and awareness about the potential risks associated with chemical hair straightening products, particularly within communities that use these products more frequently.

Holding Cosmetics Companies Accountable for Product Safety

As the awareness of the potential risks associated with chemical hair relaxers continues to grow, it is crucial for individuals, especially Black women, to educate themselves about the products they use.

Seeking alternative hair straightening methods that do not contain harmful chemicals can help reduce the risk of developing serious health issues. Additionally, holding cosmetics companies accountable for the safety of their products is essential in ensuring the well-being of consumers.

By staying informed and advocating for safer hair care options, individuals can protect themselves and their loved ones from the dangers linked to chemical hair relaxers.

This prevalence over many decades greatly explains the 8,000+ cases that people have filed so far. In the Hair Relaxers Marketing, Sales Practices, and Products Liability Litigation (MDL-3060) in the United States Judicial Panel of Multidistrict Litigation docket.

The Hidden Dangers of Hair Relaxers for Black Women Exposed

It is nice to see a mainstream media organization like The New York Times finally give this cause the attention it deserves. Hair products that cause cancer should be removed from the market.

Black women have been suffering from preventable endometrial, non-serous ovarian, and uterine cancers likely caused by their chemical hair relaxers for far too long without proper recognition.

If you used chemical hair relaxers or chemical hair straighteners regularly and were diagnosed with endometrial cancer (not to be confused with endometriosis), non-serous ovarian cancer, or uterine cancer, call The Yost Legal Group.

We will file a hair relaxer lawsuit to seek financial compensation for you and your family. Our attorneys for personal injury will fight to seek a hair relaxer settlement.

Our experienced hair relaxer lawyers will work to help you get the justice you deserve. Call or text us at 410-659-6800 for a free consultation.

Study Shows Cell Phone Use May Be Linked to Brain Cancer

Posted on July 12, 2016 by YostLaw

A recent federal study conducted by the National Toxicology Program (NTP) found that radiofrequency radiation (RFR) emitted by cell phones is linked to an increased risk of brain cancer. The study, which cost $25 million dollars and was conducted over a 2 ½ year period, showed that RF radiation can promote the growth of two types of tumors – glioma and schwannoma.

Although these results were obtained during experiments performed on rodents, the authors feel that this study “could have broad implications for public health.” The study showed that the incidence rate of malignant glioma and schwannoma tumors increased with exposure to RFR.

The Food and Drug Administration (FDA) currently denies that there is any scientific evidence to support the link between cell phone radiation and the risk of brain tumors. However, the results of this study suggest that more research must be done on this topic in the interest of protecting public safety and health. The researchers of this multi-million dollar study wrote that the results “appear to support” the conclusion that RF radiation may indeed be carcinogenic.

Every year, there are 25,000 malignant brain tumors diagnosed in the U.S. Malignant brain tumors are the most common cause of cancer-related deaths for people between the ages of 15 and 39, and about 80% of malignant brain tumors are gliomas.

The authors of this study believe that there still is not enough data to declare definitively that cell phone radiation has no link to cancer. More research on the potential link between cell phone radiation and brain tumors is still being conducted. At The Yost Legal Group, our goal is to inform and educate consumers about potential health risks.

If you or a loved one has been harmed by a defective or unsafe product, call The Yost Legal Group at 1-800-YOST-LAW (967-8529). When you call, you will receive a FREE, confidential consultation with one of our experienced Baltimore Product Liability attorneys.

The Yost Legal Group – Experienced Attorneys Dedicated to Protecting Your Rights

Defective Medical Devices Can Have Devastating Consequences

Posted on January 9, 2015July 25, 2024 by YostLaw

Manufacturers of medical devices have an obligation to ensure the safety of their products. The effects of a faulty device can be devastating. Companies that fail in their duty to keep patients safe must be held fully accountable.

If you received a hip replacement from the Stryker Orthopedics Corporation, you could be entitled to compensation. Their Stryker Rejeuvenate and ABG-11 modular-neck hip systems were recalled as a result of their harmful effects on many patients, including:

Pain
Difficulty Walking
Inflammation
Squeaky Hips
Metallosis
General Discomfort

These side effects are a result of potential metallosis, or metal ion poisoning from small particles of metal rubbing against one another. The Stryker hips are made entirely of metal, which fragments when rubbed together.

Although an average hip replacement can last for 15 years or more, Stryker patients are seeing complications as soon as 5 years or less past their surgery. Over 20,000 patients have received Stryker hips and now stand at risk.

If you or a loved one has suffered the effects of these defective hip replacements, contact the experienced, concerned attorneys at The Yost Legal Group at 1-800-YOST-LAW (967-8529). We will work hard to get to the truth and see that justice is served.

The Yost Legal Group – Experienced Lawyers Dedicated to Protecting Your Rights.

Stryker Corp Faces Another Large Settlement in Fraud Case

Posted on December 23, 2014July 26, 2024 by YostLaw

Stryker Corporation has announced a major settlement of almost $1.5 billion dollars to be paid to thousands of patients injured by their metal-on-metal Rejuvenate and ABG II Model hip implants. The company now finds itself at the center of another controversy involving one of its subsidiaries, OtisMed, and another dangerously defective piece of medical equipment.

Stryker Corp acquired OtisMed, a California-based medical device company, in 2009. After the merger, Stryker helped oversee the creation and distribution of OtisKnee, a device sold to hospitals as a guide to assist surgeons during knee replacement procedures.

Despite the fact that OtisMed sold over 18,000 OtisKnee guides between 2006 and 2009, resulting in an estimated $27 million profit, the company never received FDA approval for their device. The FDA in fact rejected their product as unsafe in 2009, but this did not deter former OtisMed CEO Charlie Chi from ordering the shipment of 218 OtisKnee devices to doctors and surgeons across the country.

Charlie Chi has since pled guilty to three counts of fraud and faces up to three years in prison. He has been released on $500,000 bail pending a sentencing hearing on March 18^th. While Stryker maintains that they were not aware of the FDA’s rejection of the OtisKnee system prior to their 2009 merger, this case still places the embattled company firmly in the center of another major defective medical device controversy.

Medical device manufacturers have an obligation to the patients and doctors who utilize these devices, to follow the proper safety guidelines and deliver the safest, FDA approved product possible. When companies like OtisMed and Stryker Corp betray that obligation and put company gains over consumer safety, it creates a major public health problem. Medical device manufacturers must be held accountable for the tragic and unfortunate complications they cause to unsuspecting patients and doctors.

If you or a loved one has received a Stryker hip implant, call The Yost Legal Group today for help. We will speak with you for free, review your medical records for free, and determine if you have one of the recalled metal hip implants.

If you are experiencing any pain after hip replacement surgery or have had a hip revision surgery, call 1-800-YOST-LAW (967-8529) today. We’ll speak with you for free, explain your rights and fight to make sure you receive the justice and compensation you deserve.

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