A shocking lawsuit has been filed against a major medical device manufacturer, bringing to light allegations of severe product defects and negligence. On July 1, 2024, Raymond Masten filed a complaint in the Superior Court of California, County of Santa Clara, accusing Exactech U.S., Inc. of multiple counts including strict liability and negligence.
According to the court documents, Masten underwent a total knee replacement procedure on May 28, 2020, at Stanford Hospital in Santa Clara County. The surgery involved the implantation of an Exactech total knee replacement system. However, due to what Masten claims is a defective design and manufacturing process, the device began to deteriorate prematurely. "The system allows oxygen to diffuse into a plastic insert prior to being implanted," the complaint states, leading to oxidation which causes the plastic to deteriorate once inside the body. This defect resulted in significant pain and suffering for Masten and necessitated a revision surgery.
Masten's legal team argues that Exactech was aware or should have been aware of these defects but failed to warn consumers or recall the faulty devices. It wasn't until November 28, 2022, that Masten discovered potential grounds for a products liability action when he received notice of an official recall by Exactech. The plaintiff contends that this delay exacerbated his injuries and prolonged his suffering.
The complaint outlines five causes of action: Strict Liability—Manufacturing Defect; Strict Liability—Failure to Warn; Negligence—Design, Manufacture and Sale; Negligence—Failure To Recall/Retrofit; and Negligence—Failure to Warn. Each cause details how Exactech allegedly failed in its duty towards consumers like Masten. For instance, it accuses Exactech of inadequate testing that would have revealed the propensity for their knee replacement system to fail prematurely.
Masten is seeking both general (non-economic) damages for pain and suffering as well as special (economic) damages for medical expenses incurred due to surgeries and treatments related to the defective implant. Additionally, he seeks pre-judgment interest and costs associated with the lawsuit.
Representing Raymond Masten are attorneys Michael A. Kelly and Jeffrey A. Clause from Walkup, Melodia, Kelly & Schoenberger law firm based in San Francisco. The case is presided over by Judge L. Ayala under Case ID 24CV442265.