All active MDLs
MDL 3044Personal Injury

Exactech Polyethylene Orthopedic Products Liability Litigation

Polyethylene oxidation in orthopedic implants leads to material embrittlement, surface cracking, and increased wear debris. These changes provoke biological responses such as inflammation, osteolysis, and tissue damage, resulting in clinical symptoms like joint pain, swelling, and implant failure. The oxidation process is initiated during manufacturing or in vivo exposure, especially in nonconforming packaging, and is exacerbated by free radical formation from sterilization methods like gamma irradiation. Regulatory agencies like the FDA recognize oxidation as a key factor in implant failure, emphasizing the importance of material stability and oxidation control.

NYESr. District Judge Nicholas G. GaraufisMaster docket 1:22-md-3044Source: JPML · Updated July 1, 2026

1,838

Pending actions

1,847

Total actions filed

Active

Status

10/07/2022

Established

Filing deadline

The most recent court order extended the Plaintiff Fact Sheet submission deadline to January 17, 2025. Prior deadlines, such as June 6, 2023, have been superseded by extensions. The filing of a complaint may toll the statute of limitations, but specific deadlines vary by jurisdiction and are subject to state law.

Who qualifies

Plaintiffs must have received an Exactech implant containing polyethylene that was packaged in nonconforming vacuum bags, leading to early oxidation and degradation. They must have experienced symptoms such as joint pain, swelling, or tissue damage, and undergone revision surgery within 2-5 years post-implantation. Plaintiffs are required to submit a Plaintiff Fact Sheet, and claims involve allegations of defective design, manufacturing, and packaging. Injuries must be attributable to polyethylene oxidation, confirmed through medical diagnosis and surgical records.

Products involved

  • Exactech polyethylene knee implants
  • Exactech polyethylene hip implants
  • Exactech polyethylene ankle implants

Alleged injuries

  • Joint pain
  • Swelling
  • Tissue damage
  • Implant loosening or failure
  • Necrosis or tissue necrosis
  • Revision surgeries due to implant failure
  • Inflammatory responses linked to implant degradation

Bellwether trials

As of March 2026, the bellwether trial schedule for MDL-3044 has not resulted in any recent verdicts or finalized trials. The latest court orders indicate ongoing case management with no publicly reported trial outcomes or settlements.

Settlement landscape

A significant settlement of $8 million was reported related to allegations of concealing defects, but this pertains to corporate liability rather than individual personal injury claims. Estimated settlement ranges for personal injury claims are approximately $100,000 to $300,000 per case, based on recent legal estimates and lawyer projections. The large volume of pending cases exceeds 1,800, indicating extensive litigation activity.

Lead counsel

  • Kirk Pope

This page is generated from the official JPML pending-MDL report and public court records, refreshed monthly. It is provided for attorney reference and is not legal advice.

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