Bellwether Trials in Exactech MDL Rescheduled After Discovery Disputes
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The first two cases set for bellwether trial among Exactech lawsuits are in for a slight delay. Both trial dates are delayed by more than a month to accommodate proposed changes to the pretrial schedules suggested by both plaintiffs and defendants.
Gayle Tarloff’s trial start date will move from June 2, 2025, to July 6 of that year, while Geraldine Larson’s trial will shift from Aug. 2 of that year to Sep. 29.
The outcome of the bellwether trials will likely be key for the future of much of the ongoing Exactech litigation. At the start of August, there were over 1,600 lawsuits included in the Exactech MDL, up from 1,090 at the start of the year.
Discovery Disputes Led to Delay in Exactech Trials
The change in trial dates originated from an Aug. 12 status conference that was held over Zoom. Both sides discussed ongoing discovery disputes, with the court opting to propose new trial dates and directing both sides to create a joint schedule for the pretrial deadlines.
The parties submitted that proposed schedule on Aug. 16. Shortly after, MDL Judge Nicholas Garaufis approved the proposal and pushed back the core depositions date by about two months for each case.
There have been continuous updates involving Exactech products since lawsuits were first filed. The company just issued a voluntary recall in April for some of its Equinoxe shoulder devices. That followed a January recall of some AcuMatch Hip System Units.
The litigation against Exactech stems from recalls that took place in 2021 and 2022 that included a range of devices manufactured between 2004 and 2021.
According to the Food and Drug Administration, defective packaging concerns are the reason for the recalls. Packages were missing an oxygen barrier layer that prevents oxidation.
Oxidation may cause the devices to wear faster than expected and could cause health issues that eventually require corrective surgery.
The thousands of affected products include hip, knee, ankle and shoulder devices. Exactech lawsuits have claimed that the company knew its devices were faulty but sold them anyway.
Editor Lindsay Donaldson contributed to this article.