Recall on Exactech Joint Replacement Devices: Important Dates and Deadlines

By Ethan Cohen

On May 30, 2023, US Magistrate Judge Marcia M. Henry ordered that the discovery process be expedited in the Exactech mass tort litigation so that trials can begin in 2025.

In the same Order, Judge Henry lays out the parameters of her rapid discovery plan through the use of the attached Exhibits. In the Exhibits (A, B, and C), among other things, Judge Henry lays out the following important discovery dates that apply to new/potential Exactech Recall Plaintiffs:

  • Deadline to Join New Parties or Amend Master Pleadings – December 7, 2023
  • Depositions May Commence – July 28, 2023
  • Deadline for Submission of Bellwether Trial Plan – August 11, 2023
  • All Fact Discovery Must be Completed – August 30, 2024
  • Certification of Close of Discovery – December 20, 2024
  • Date to File Request for Pre-trial Conference – February 7, 2025[i]

Because the Exactech Recall cases are subject to an expedited discovery process, it is imperative that all potential plaintiffs act quickly in joining the lawsuit as the deadline to join new parties is December 7, 2023.

If you or a loved one has been impacted by one of the Exactech medical devices, please contact the New York attorneys at Rheingold, Giuffra, Ruffo, & Plotkin for a free consultation today. Our experienced team has over 50 years of experience with product liability and medical malpractice cases.


[i] In re: Exactech Polyethylene Orthopedic Products Liability Litigation, Document 291, Exhibits A-C.

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