Exactech Knee Replacement Lawsuit Update 2025 – Keep Up to Date on The Progression of The Exactech Lawsuit
Exactech Knee Replacement Lawsuit Update 2025 – As of January 2025, the Exactech MDL Lawsuit has effectively been halted because the manufacturer, Exactech Inc. has filed for Chapter 11 Bankruptcy.
You can find the case here: Exactech Inc., U.S. Bankruptcy Court for the District of Delaware, No. 24-12441
This is no doubt a disappointing development for the over 1,800 plaintiffs involved in the case and the attorneys who represent them.
This case has come a long way toward a potential settlement prior to the bankruptcy filing. The discovery phase had already been completed, and bellwether trials had been chosen and were scheduled to begin in 2025.
That the judge allowed the bankruptcy filing to go through is also a bit of a surprise – over the last several years, judges have been increasingly unwilling to grant bankruptcy protection to businesses who are embroiled in MDL’s, Class Action Lawsuits, or product liability lawsuits.
Seeking bankruptcy protection has often been employed by companies who are facing multiple product liability lawsuits.
And although we cannot know the factual motives behind these actions, it certainly seems like a great tactic to prevent lawsuits: “If you sue my company, we will just declare bankruptcy. Therefore, filing a lawsuit against my company is a waste of time.”
Does the manufacturer’s declaring bankruptcy mean plaintiffs won’t receive any settlement money? Not necessarily, but it does stall the current litigation which has already been ongoing for several years. It also prevents any new cases from being added while the bankruptcy proceeds.
What will be the outcome of the Exactech Knee Replacement Lawsuits? As of January 2025, attempting to forecast an outcome seems impossible. Plaintiffs and their attorneys will have to wait and see what develops.
About the Exactech Knee Replacement Lawsuit
As of January 2025, over 1,840 lawsuits have been centralized in a federal court in Brooklyn, New York, and more than 740 lawsuits are consolidated in Florida state court.
Bellwether trials have been selected (four) and were scheduled to begin in 2025. We do not know if those dates will hold since the manufacturer has declared bankruptcy.
Recall of Exactech Knee Implants
Exactech Inc., headquartered in Florida, manufactures hardware for joint replacement surgeries.
In 2021, Exactech enacted a recall of knee replacement implants manufactured prior to 2004. The total recall was estimated to involve over 140,000 implants in the United States.
Exactech discovered that the vacuum-seal packaging used for its knee implant systems was defective and allowed air into the packaging which caused oxidation.
Why Does Oxidation Matter in Knee Replacements?
All metals, (except precious metals), will oxidize when exposed to the air. The oxygen (and moisture) present in the air causes metal to corrode (another term for oxidize) and form metal oxide on the surface.
Most people call oxidation “rust.” This is particularly true of steel with a high carbon content. In other metals like stainless steel and aluminum, oxidation appears as surface corrosion, or “pitting” of the metal.
Plaintiffs in the lawsuit claim that the oxidation of the Exactech implants significantly degraded the ability of the inserts to function correctly in the knee replacement system.
Plaintiffs in the Exactech Knee Replacement Lawsuit claim that the failure of these systems, brought on by oxidation have caused a range of symptoms from significant pain and swelling, to lack of mobility in the knee.
Most patients who experience a knee replacement failure must undergo additional surgery and recovery because the knee replacement must be replaced again with a new device.
These are the issues and allegations being brought by plaintiffs against Exactech Inc.
Bellwether Trials in the Exactech Knee Replacement Lawsuit
Although the bankruptcy filing has stalled the case, prior to that, bellwether trials had been scheduled to begin in 2025.
The first bellwether trial (Tarloff) was scheduled to commence in June 2025. The second bellwether trial (Larson) was scheduled for August 2025. The third bellwether trial (Kessler Kramer) was scheduled for later in 2025 and then the fourth bellwether trial was to be chosen from the pool of plaintiffs and then a date would have been set.
Summary – Exactech Knee Replacement Lawsuit Update 2025
The Exactech knee replacement lawsuit has reached a pivotal and disheartening juncture as of January 2025 due to the manufacturer, Exactech Inc., filing for Chapter 11 Bankruptcy.
This unexpected move has effectively brought the legal proceedings to a halt, leaving thousands of plaintiffs and their legal teams in limbo.
The case, filed in the U.S. Bankruptcy Court for the District of Delaware (No. 24-12441), comes after years of litigation progress, including completed discovery and the selection of bellwether trials, originally slated to begin this year.
The judge’s decision to allow the bankruptcy filing has sparked surprise and frustration. Recently, courts have demonstrated a reluctance to grant businesses bankruptcy protection in ongoing multidistrict litigations (MDLs), class actions, or product liability cases.
While it doesn’t signify that settlements are off the table entirely, the timeline and resolution of the case now remain uncertain.
Background on the Exactech Lawsuit
This legal battle stems from a recall issued by Exactech in 2021. Over 140,000 knee replacement implants distributed in the U.S. were found to be defective due to issues with their vacuum-sealed packaging.
The defective packaging allowed air to seep in, causing oxidation of the implants. Oxidation, commonly recognized as rust or corrosion, can severely compromise the functionality of metal components.
The oxidized implants degraded faster than anticipated, leading to premature failure of the knee replacement systems. Affected patients reported severe pain, swelling, and loss of mobility, often necessitating additional revision surgeries to replace the faulty implants.
Bellwether Trials and Stalled Proceedings
Before the bankruptcy filing, four bellwether trials had been carefully selected to help gauge potential outcomes for similar cases.
The first trial, (Tarloff), was scheduled for June 2025, with additional trials for other plaintiffs set for later in the year. These trials were seen as a critical step toward understanding liability and shaping possible settlement discussions.
However, Exactech’s bankruptcy has cast doubt on whether these trials will proceed as planned.
Uncertain Future for Plaintiffs and Attorneys
The plaintiffs, many of whom have endured significant physical and emotional suffering due to Exactech’s defective products, now face an indefinite wait for resolution.
The legal teams representing these individuals are also left grappling with how bankruptcy proceedings will influence the direction of the lawsuit.
At this point, predicting the lawsuit’s outcome is speculative at best. While bankruptcy protection doesn’t necessarily mean the end of settlements, it complicates the process significantly and leaves many plaintiffs without immediate recourse.
For now, the case remains stalled, with all eyes on how the bankruptcy proceedings and future legal decisions will unfold in the coming months and years.
About the Authors
Balanced Bridge Funding offers legal funding solutions for plaintiff attorneys and firms on their fees and plaintiffs on their awards.
At times, a settlement can be reached in a case, but various delays can hold up the distribution of contingency fees for plaintiff attorneys and/or the settlement awards for plaintiffs.
In those situations, Balanced Bridge provides advances to attorneys and advances to plaintiffs on the pending fees or awards.
To talk to one of our legal funding specialists about getting help managing your law firm cash flow, please call (267) 457-4540 or email info@balancedbridge.com.
To apply online, simply click here and fill out our quick application form.
