Update on Ongoing Exactech Lawsuit

Exactech, a medical device company, recently initiated a significant recall of thousands of its knee, hip, and ankle replacement implant systems produced since 2004. The recall was prompted by the discovery of a packaging defect that caused the polyethylene insert component in these implants to degrade. This defect has led to premature failures in many of Exactech’s knee implants, necessitating additional corrective surgeries for affected patients.

Many patients have received notification letters from their doctors about the recall and are now seeking legal recourse. Those who have undergone or will need revision surgery due to the failure of an Exactech knee implant may be entitled to bring a lawsuit. Clients are filing Exactech lawsuits to seek financial compensation for their pain, suffering, and medical expenses, which were caused by the defective implants.

The Exactech lawsuit has seen significant developments over the years, leading up to recent actions in 2024. Here is a chronological overview of key events:

June 2021:

Exactech issued a product safety alert warning that the polyethylene liners in its Connexion GXL hip systems were failing early, prompting the filing of lawsuits.

October 2022:

Judges consolidated Exactech cases from all over the country into multidistrict litigation in New York (MDL 3044).

March 2023:

Judge Marcia M. Henry issued an order requiring all plaintiffs in the MDL to complete Plaintiff Facts Sheets before June 6, 2023.

October 2023:

On October 20, the stay on a pending transfer order from October 7 was lifted, and 20 more cases were transferred into MDL 3044, assigned to Senior District Judge Nicholas G. Garaufis in New York.

December 2023:

Parties in the New York MDL and Exactech litigation in Florida were in the process of selecting bellwether test trials. By the end of the month, the parties planned to discuss the MDL bellwether plan.

January 2024:

The FDA announced Exactech had recalled an undetermined number of AcuMatch Hip System units after receiving complaints of loss of vacuum in the inner vacuum bag of four devices. The Class 2 recall affected devices distributed in the U.S. and 12 other countries.

A status conference for the Exactech class action MDL was set for March 13, 2024, to discuss the current status of litigation, unresolved discovery matters, and the selection of bellwether cases.

March 2024:

Exactech initiated a voluntary recall of its Equinoxe reverse total shoulder (rTSA) and anatomic total shoulder (aTSA) devices to “eliminate confusion and concern in the market” and remove the devices as recommended by the FDA.

April 2024:

Judge Garaufis set bellwether trials for June 2025 (Gayle Tarloff) and August 2025 (Geraldine Larson). The trials focused on claims related to Exactech knee implants. A Vermont lawsuit transferred to the MDL alleges Exactech concealed risks of defective tibial inserts.

May 2024:

The pace of the Exactech class action lawsuit slowed in April, with 61 new cases added to the MDL, bringing the total to 1,462.

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