- Acumen Powered by Robins Kaplan LLP®
- Affirmative Recovery
- American Indian Law and Policy
- Antitrust and Trade Regulation
- Appellate Advocacy and Guidance
- Business Litigation
- Civil Rights and Police Misconduct
- Class Action Litigation
- Commercial/Project Finance and Real Estate
- Corporate Governance and Special Situations
- Corporate Restructuring and Bankruptcy
- Domestic and International Arbitration
- Entertainment and Media Litigation
- Health Care Litigation
- Insurance and Catastrophic Loss
- Intellectual Property and Technology Litigation
- Mass Tort Attorneys
- Medical Malpractice Attorneys
- Personal Injury Attorneys
- Telecommunications Litigation and Arbitration
- Wealth Planning, Administration, and Fiduciary Disputes
Acumen Powered by Robins Kaplan LLP®
Ediscovery, Applied Science and Economics, and Litigation Support Solutions
-
December 2, 2024Robins Kaplan LLP Announces 2025 Partners
-
November 20, 2024Eighth Circuit Affirms U.S. Merchants Victory in Trade Dress Infringement Case
-
November 15, 2024Lauren Coppola Named an Emerging Leader by Profiles in Diversity Journal
-
December 11, 20242024 Year in Review: eDiscovery and Artificial Intelligence
-
December 12, 2024Strategies for Licensing AI: A Litigation Perspective
-
December 2024A Landmark Victory for Disabled Homeless Veterans: Q&A with the Trial Team
-
November 8, 2024Trademark tensions on the track: Court upholds First Amendment protections in Haas v. Steiner
-
November 8, 2024Destination Skiing And The DOJ's Mountain Merger Challenge
-
September 16, 2022Uber Company Systems Compromised by Widespread Cyber Hack
-
September 15, 2022US Averts Rail Workers Strike With Last-Minute Tentative Deal
-
September 14, 2022Hotter-Than-Expected August Inflation Prompts Massive Wall Street Selloff
Find additional firm contact information for press inquiries.
Find resources to help navigate legal and business complexities.
Rayna Kessler Appointed Liaison Counsel in Exactech Multi-District Litigation
January 2023
Robins Kaplan LLP is pleased to announce that on December 12, 2022, New York partner Rayna Kessler was appointed liaison counsel in the multi-district litigation In re: Exactech Polyethylene Orthopedic Products Liability Litigation, MDL No. 3044, 1:22-md-03044-MMH. The MDL was recently formed by the Judicial Panel on Multidistrict Litigation and involves hip, knee, and ankle replacement devices manufactured by Exactech, and was assigned to Judge Nicholas G. Garaufis, U.S.D.J., of the Eastern District of New York.
In her leadership position, Rayna is responsible for working closely with the Plaintiff Executive Committee, communicating with the Court and other counsel to ensure local and MDL procedures are followed, advise parties of important developments in the MDL, and serve as a resource to other plaintiff attorneys who may file claims within the MDL.
To date, Exactech has recalled approximately 150,000 hip, knee, and ankle replacement devices. The recall first became public in February 2022 when Exactech issued an Urgent Medical Device Correction Notice informing surgeons that most knee inserts manufactured from 2004 to 2022, as well as total ankle replacement devices manufactured from 2017 to 2022, were packaged in non-conforming bags. The defective bags did not contain a secondary barrier layer of ethylene vinyl alcohol to reinforce the device’s resistance to oxygen, which can cause inserts to wear out prematurely or become damaged after implantation. On August 11, 2022, Exactech expanded its recall to include total hip replacement devices manufactured from 2004 to 2021.
Because of these defects, some patients have experienced tissue damage, bone loss/osteolysis, instability, painful inflammation, and other injuries, leading to complex revision surgeries and extensive recovery time. Robins Kaplan is advocating for patients who have received Exactech hip, knee, and ankle devices to be made aware of how the recall may affect them, and represent a number of plaintiffs who are injured by these products in the MDL.
“I look forward to working with the Court and the parties to progress our MDL forward as efficiently as possible,” Kessler said. “We have a wonderful group of attorneys appointed to leadership positions with a vast amount of experience with medical device litigation. It is an honor to serve as a resource for this team, including to assist with New York local rules and procedure.”
Rayna Kessler is a partner in the firm’s New York office. Her practice focuses on complex civil and multivenue litigation in a range of matters that span products liability, medical malpractice, pharmaceuticals, and medical devices, as well as child sex abuse involving large institutions.
“Rayna is a skilled attorney who is dedicated to helping our clients and ensuring that the MDL progresses effectively,” said Tara Sutton, Chair of the National Mass Tort Group of Robins Kaplan. “I’m confident that she will be a great asset for the management of the MDL and assisting counsel with their Exactech claims.”
We are aware of Exactech recalled products being implanted in patients at the following hospitals:
- St. Cloud Orthopedics – St. Cloud, MN
- Tria Orthopedic Center – Bloomington and Burnsville, MN
- Center for Specialty Care – Fairmont, MN
- Stanford Hospital – Santa Clara, CA
- Hospital for Special Surgery – New York, NY
- New York Presbyterian Hospital – New York, NY
- Hudson Regional Hospital – Secaucus, NY
- St. Michael’s Medical Center – Newark, NJ
Robins Kaplan continues to evaluate and accept claims related to Exactech hip, knee, and ankle products. If you have a potential client who is impacted by the recall, please contact Rayna Kessler at 212.980.7431 or RKessler@RobinsKaplan.com.
Related Professionals
Related Publications
Related News
If you are interested in having us represent you, you should call us so we can determine whether the matter is one for which we are willing or able to accept professional responsibility. We will not make this determination by e-mail communication. The telephone numbers and addresses for our offices are listed on this page. We reserve the right to decline any representation. We may be required to decline representation if it would create a conflict of interest with our other clients.
By accepting these terms, you are confirming that you have read and understood this important notice.