Exactech Bellwether Trial Over Defective Knee Device Delayed to September 2025
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The start of the first trials among the ongoing Exactech litigation has once again been delayed. Judge Nicholas Garaufis is overseeing the multidistrict litigation (MDL) against Exactech over claims that its hip and knee devices were defective. On Oct. 18, he filed an order to move back the start of both previously selected bellwether trials, which are the first cases set to be tried in the MDL.
The Tarloff trial, the first case to lead the MDL, will now begin on Sep. 29, 2025 instead of July 6. The Larson trial moves to Nov. 10 of that year after initially being scheduled for September 2025.
The scheduling of future bellwether trials beyond those two was also postponed as discovery issues continue in the MDL. Pretrial tasks for the two set trials will also not be finalized until January at the earliest.
“Given the ongoing nature of discovery, the court recognizes that it would be premature to require the parties to submit a proposed schedule for pretrial tasks based on the above trial dates,” the order states.
The delays come as hundreds of new cases have been filed in the MDL this year alone, with lawsuits blaming early wear and failure of Exactech’s orthopedic products on defective packaging.
There are nearly 1,800 active Exactech lawsuits as of this month.
Start of Exactech Bellwether Trials Has Been Repeatedly Moved
The rescheduled dates are the latest update in what has been an arduous scheduling process.
The Tarloff and Larson cases were initially scheduled to go to trial in June 2025 and August 2025 when they were first selected to serve as bellwether trials.
But discovery issues prompted reshuffling from there, with the court opting to move their start dates in August.
Then, just a few weeks later, Judge Garaufis accepted a proposal to reschedule each trial, pushing them back by over a month, again due to concerns over discovery.
Now, the trials have been delayed even further. Both parties are expected to meet to discuss the remaining discovery issues in early January.
The discovery process can take time, since it involves both sides exchanging information and evidence that will be used in the upcoming trials.
Exactech Lawsuits Claim Faulty Packaging Led to Device Failure
The significant litigation against Exactech stems from multiple recalls the company has made in recent years over concerns surrounding the packaging and integrity of its orthopedic products.
According to the Food and Drug Administration, some Exactech products were packaged into bags without a protective layer to prevent oxidation. Without that layer, knee, ankle and hip devices manufactured by Exactech were exposed to air, leading to those products possibly wearing early or even failing.
Exactech went on to issue multiple recalls targeting devices that were sold between 2004 and 2021, while also sending medical correction notes to hospitals warning against implanting the devices in patients.
Those who have filed lawsuits claim that defective products were implanted in their bodies, leading to pain, early breakdowns and the need for additional surgery in some cases.