Exactech MDL Judge Swaps Bellwether Trial Dates
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U.S. District Judge Nicholas G. Garaufis, presiding over the Exactech multidistrict litigation, has approved a schedule change that swaps the dates for the first two bellwether trials.
The shift comes after a joint request by plaintiffs and defendants, prompted by an April 2024 Exactech recall involving a knee component.
In a multidistrict litigation involving many individual cases — such as the Exactech MDL — a bellwether trial is essentially a test trial that helps the attorneys involved understand how other cases will proceed. The outcome of these bellwether trials can heavily influence the direction of hundreds of related lawsuits.
Swapping dates for the two cases allows additional discovery time without delaying the trial schedule, set to begin in June 2025.
Hundreds of Exact Lawsuits Affected
As of August 2024, the Exactech MDL encompasses over 1,600 Exactech lawsuits centralized in the Eastern District of New York. These cases involve claims that Exactech’s knee, hip and ankle implants were defective, causing premature failure and necessitating revision surgeries.
The first bellwether trial was initially scheduled for June 2025, involving the case of Gayle Tarloff. However, following the April 2024 recall of additional knee components, specifically the patella knee component that had affected Tarloff, the trial for Geraldine Larson’s case will now take precedence. Tarloff’s trial has been rescheduled for August 2025.
This strategic reordering is designed to allow more thorough preparation and completion of discovery, particularly regarding the newly recalled components.
Packaging Error Blamed for Severe Injuries
Exactech is facing lawsuits that center on product liability, with allegations that defective packaging resulted in plastic components being exposed to excessive oxygen before implantation.
This oxidation reportedly caused the implants to degrade prematurely, leading to severe complications such as pain, swelling, bone loss and the need for revision surgeries. The initial recalls began in 2021, involving hip, knee and ankle devices. In 2024, Exactech expanded the recall to include shoulder and knee replacement devices.
Exactech is accused of downplaying the risks and delaying the reporting of adverse events, which has fueled the ongoing litigation.
Editor Lindsay Donaldson contributed to this article.