Massive Lawsuit Over Knee Implants Sparks Consolidated Pretrial Proceedings
A significant number of lawsuits have been filed against manufacturers of knee implants due to design problems leading to painful complications. As a result, pretrial proceedings have been consolidated to handle the growing number of claims. The Eastern District of New York has appointed U.S. District Judge Nicholas G. Garaufis to oversee the coordinated discovery and pretrial processes.
According to a joint status report submitted by the parties involved, there are currently 822 claims pending in the federal Exactech Multidistrict Litigation (MDL). Among these claims, 665 involve knee implant problems, 146 pertain to Exactech hip lawsuits, and only 10 relate to ankle replacement products. Additionally, there are 272 Exactech lawsuits pending in Florida state courts, where the manufacturer’s U.S. headquarters are located. Of the Florida state court litigation, 191 cases involve knee lawsuits, 77 involve hip failure lawsuits, and four pertain to ankle failure lawsuits. Illinois has 14 cases, while various other state courts across the nation have 23 claims.
In an effort to manage the litigation effectively, Judge Garaufis plans to schedule a select number of representative claims for early test trials. These trials will help gauge how juries are likely to respond to certain evidence and testimony that will be repeated throughout the claims. Earlier this year, Judge Garaufis called for the parties to propose a bellwether plan for the selection and preparation of the first federal trials.
The joint proposal submitted by the parties calls for coordination with the Florida state court judge handling the litigation there. The plan suggests that the first two Exactech hip implant lawsuits be held in Florida state court, while the first two Exactech knee implant lawsuits be held in federal court.
The joint proposal outlines the formation of bellwether pools for both federal and state court litigation. For the federal pool, two groups of 12 cases will be formed, with cases chosen from around the country and cases originally filed in the Eastern District of New York. These pools will later be reduced to four cases each, resulting in eight cases eligible for the first trials. From these pools, each side will recommend two Exactech lawsuits, and Judge Garaufis will then select two cases from each pool for federal court trials.
In the Florida state court litigation, a separate group of 12 cases will be selected. Each side will choose two cases, and the remaining eight will be selected randomly by the court. After the discovery phase, each side will have the opportunity to strike four cases from the pool, and the state court judge will select two cases for trial from the remaining four Florida Pool selections.
Although the outcomes of the bellwether trials will not have a legally binding impact on other lawsuits in the litigation, they will be closely monitored and may influence any potential settlements offered by Exactech to avoid numerous individual trials in the future.
The exact trial dates for both federal and state court litigation have yet to be determined. However, the first trial in the Florida state court is expected to take place in October 2024, and Judge Garaufis will preside over the federal trials held in the Eastern District of New York.
The results of these bellwether trials will be imperative in shaping the future of the litigation and may prompt the manufacturer to consider recall settlements in order to avoid scheduling hundreds of individual trials in the coming years. As the consolidated proceedings move forward, it remains crucial for the court system to address the concerns raised by individuals who have experienced painful complications due to knee implants.
