A stay on all lawsuits over failed Exactech knee, hip and ankle replacements was anticipated, after the company declared bankruptcy late last month under weight of the litigation.
Exactech bankruptcy likely means a stay will be issued on more than 2,500 lawsuits over recalled knee and hip implants pending in U.S. courts.
The first two Exactech bellwether trials will involve plaintiffs from New York, who both had to have their Optetrak Logic knees removed after the implants failed.
Following a new Exactech knee implant recall issued in April, the parties requested an extension of several pretrial deadlines, which has resulted in the start of the first bellwether trial dates being delayed.
The trial dates for the first two Exactech bellwether lawsuits will be swapped, following a request for additional time to prepare a case involving a knee component that was subject to a new Exactech recall earlier this year.
Claims are part of a series of four Exactech knee implant lawsuits now scheduled for bellwether trials beginning between June 2025 and January 2026.
While the first federal Exactech knee lawsuits will go to trial next year, the first claim to go before a jury is expected later this year in Florida state court.
Selections will be made after the U.S. District Judge presiding over all Exactech knee recall lawsuits rejected a request by the manufacturer to delay the preparation of bellwether claims for early trial dates.
Late last month, the manufacturer of recalled Exactech implants asked a judge to halt the active litigation while parties discuss a potential global hip and knee lawsuit settlement.
Court asked plaintiffs to respond to Exactech's request to hold off on further case-specific discovery by Friday, to determine whether scheduled trials will move forward or the parties will shift to global settlement negotiations.
