Exactech Lawsuits Likely to Become Multi-District Litigation

On June 14th, 2022, a motion was filed to consolidate and create a Multi-District Litigation (MDL) for the Exactech cases. A hearing took place at the Thomas F. Eagleton US Courthouse in St. Louis, MO on September 29th, 2022. The hearing was to determine where the Multi-District Litigation for the faulty Exactech hip, knee, and ankle implants will be held. Additionally, it was to appoint the judge that will be overseeing the Multi-District Litigation. Both the defendants and plaintiffs have agreed that an MDL should be created for these cases due to the high volume of individuals impacted by the faulty liners.

Multi-District Litigations, take place in the U.S. District Courts. A Multi-District Litigation differs from a Class Action Lawsuit by the way in which the cases are viewed. Also, a Multi-District Litigation is filed by a person that has been harmed by the defective product or device, and the compensation can be different for each person involved.

Exactech is agreeing to proceed forward with the MDL, with the request that these cases to be tried at the U.S District Court for the Southern District of New York, or Eastern District of Louisiana. Under U.S. District Judge Paul Engelmayer in Manhattan or U.S. District Judge Sarah Vance in New Orleans, as both judges have prior experience overseeing this type of MDL.

The plaintiffs have requested the MDL be assigned to U.S. Judge Kiyo Matsumoto in the Eastern District of New York, stating that Exactech developed the Optetrak device at a hospital in Brooklyn, so New York area residents were more likely than any others to receive the faulty implant.

At this time, there has not been an update as a result of that hearing.

If you or a loved one has an Exactech implant, call to speak with one of our experienced Exactech lawyers. Our firm is working diligently to file Exactech lawsuits for those who have suffered from a faulty Exactech product. Call 1-800-YOST- LAW (967-8529) or email us at info@yostlaw.com today for a free consultation. There is no fee or expense unless we recover.