Exactech Bellwether Trials Delayed Following Discovery Disputes
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The bellwether trials in the ongoing Exactech multidistrict litigation are set to see a slight delay. Both parties agreed to postpone the start dates for the two trials by over a month, and Judge Nicholas Garaufis has accepted their proposals for new pre-trial deadlines.
Gayle Tarloff’s trial, which was most recently set to begin on June 2, 2025, will now start on July 6 of that year. Geraldine Larson’s trial was set for Aug. 2, 2025 and will now be underway on Sep. 29, 2025.
According to the MDL docket, the changes to the trial dates emerged from a status conference held over Zoom on Aug. 12, in which the parties discussed discovery disputes.
The court proposed new trial dates and directed both sides to submit new schedules for the pre-trial deadlines. The court granted those proposals on Aug. 19.
Exactech Lawsuits on the Rise Over Recalls, Defective Packaging
Exactech lawsuits have been rising, with 1,625 cases included in the New York-based MDL in August. That number was up from 1,090 at the start of the year.
So far, these litigations have not resulted in settlements. The outcome of the upcoming bellwether trials will likely play a significant role in how cases move forward.
According to the Food and Drug Administration, Exactech initially issued recalls in 2021 and 2022 for some of its joint replacement devices. These expansive recalls, which included devices manufactured between 2004 and 2021, were due to defective packaging.
Packaging bags were missing an oxygen barrier layer meant to protect the devices against oxidation. Concerns arose that this oxidation could cause the devices to wear out faster than expected and lead to serious issues like revision surgery or bone loss. The recall included devices for knees, hips and ankles.
Plaintiffs filing lawsuits have claimed that they received injuries from the defective packaging and had to have revision surgery.
Exactech also recalled its Equinoxe Shoulder System earlier this year due to the same concerns. All in all, hundreds of thousands of devices were affected.
Core depositions for the Tarloff trial are set to begin on Aug. 29.
Editor Lindsay Donaldson contributed to this article.