Exactech

As expected, no new cases were filed in the Exactech MDL last month due to the ongoing bankruptcy stay. While we are not accepting new claims at this time, we remain hopeful that our existing clients will receive favorable outcomes as the litigation progresses, with a hearing scheduled later this month.

The U.S. Bankruptcy Court for the District of Delaware has established firm deadlines for creditors and government entities to submit Proofs of Claim against Exactech Inc. and its affiliated debtors.

• Filing Deadline for Creditors: February 7, 2025, by 4:00 p.m. (Eastern Time)
• Filing Deadline for Government Entities: April 28, 2025, by 4:00 p.m. (Eastern Time)

Our office has been receiving a high volume of inquiries from individuals looking to file before the cutoff date. However, we are no longer managing these claims.

For details on how to file a bankruptcy claim, this is the resource I would use.

Current Status Update

Exactech, Inc., along with four affiliated companies, has officially filed for Chapter 11 bankruptcy protection in the United States Bankruptcy Court for the District of Delaware. This case is being handled under the oversight of Judge Laurie Selber Silverstein (Case No. 24-12441).

As a consequence of this bankruptcy filing, all legal actions against Exactech outside of the bankruptcy court—including those within this MDL—have been temporarily halted.

What Does This Mean?

For individuals affected and legal representatives involved in the litigation, this stay effectively pauses all case progress until further direction from the bankruptcy court. Judge Silverstein is expected to hold a hearing soon, which will provide more clarity on the next steps.

Is This a Positive Development?

Unfortunately, no. However, we remain hopeful that victims will ultimately receive the compensation they deserve for their injuries.

We will continue to monitor the situation and provide updates as soon as new information becomes available.

In May, 42 new cases were added to the Exactech class action MDL, marking a notable decrease in the volume of new claims. This is the second consecutive month in which fewer cases have been filed. Despite this slowdown, there are now over 1,500 pending cases in the MDL, highlighting the continued legal actions stemming from the Exactech implant recall.

A man from Tulsa, Oklahoma, recently became one of the latest plaintiffs to file in the Exactech implant recall MDL. This plaintiff received an Exactech Optetrak Logic knee replacement implant in October 2016. Unfortunately, the implant failed after just seven years, requiring revision surgery in 2023. His case was filed directly in the Exactech MDL earlier this week, adding to the growing number of claims related to defective implants.

From June to August 2024, only about 50 new Exactech implant defect lawsuits were added to the MDL, bringing the total number of pending cases in the MDL to 1,670. While the pace of new cases slowed during this period, the number of claims continues to rise as more affected individuals come forward.

In the past 30 days, 100 new cases have been added to the Exactech implant recall MDL, increasing the total number of pending cases to 1,770. Additionally, several hundred more cases are awaiting resolution in Florida state court. This surge in claims shows the ongoing impact of the defective Exactech implants and the growing number of individuals seeking justice.

Exactech has declared bankruptcy, and a bankruptcy hearing is scheduled for today. Unfortunately, in 2024, companies often use bankruptcy as leverage in settlement negotiations, and Exactech’s legal team has been hinting at this possibility for some time.

If you have not yet joined the litigation and believe you have a claim, it is crucial to consult with a lawyer today. For those who have already filed a claim with a lawyer, there’s no need to panic. Simply sit tight and let your attorney guide you through the process. The litigation continues, and we are here to ensure your rights are protected.

The Exactech implant MDL (Multidistrict Litigation) continues to grow, with 36 new cases added in October, bringing the total number of pending cases to 1,806. However, due to the ongoing bankruptcy proceedings, no new claims are expected to be filed in the MDL during November.

This development may affect the pace of future litigation, but the fight for justice remains ongoing for those impacted by defective Exactech implants.