Our previous post concerned a knee replacement products liability lawsuit against DePuy. However, a recent review indicates that active cases against DePuy are rare at this time. The landscape of knee replacement litigation in the United States is currently dominated by lawsuits involving Exactech knee implants. Other major manufacturers, such as Zimmer, DePuy, and Stryker, have faced lawsuits in the past, but most large-scale federal cases outside of Exactech have been resolved or are inactive.
As of June 2025, there are over 1,800 pending lawsuits in multidistrict litigation (MDL) before the U.S. District Court for the Eastern District of New York involving Exactech knee replacement devices. Additional cases are pending in Florida state court and other jurisdictions. Plaintiffs allege that Exactech’s knee implants were defective, leading to complications such as loosening, pain, swelling, and the need for revision surgery. The main defect cited is related to faulty packaging that allowed premature degradation of implant components. As an FDA safety communication explains:
Many Exactech joint replacement devices (including knees, ankles, and hips) were packaged in defective packaging bags. The defective bags were missing one of the oxygen barrier layers that protect devices from oxidation, a chemical reaction with oxygen that can degrade plastics over time. Oxidation can lead to accelerated device wear/failure, and component cracking or fracture, all leading to corrective revision surgery.
Defective packaging as the originating cause of accelerated wear/failure of polyethylene components is unusual, if not unique. The previous generation of cases against DePuy etc. did not involve packaging. Rather, they involved design defects in the devices themselves, or in surgical tools provided by the manufacturer.
In October 2024, Exactech filed for Chapter 11 bankruptcy. This has resulted in an automatic stay of most ongoing lawsuits, effectively pausing court proceedings. The bankruptcy has left thousands of plaintiffs in limbo, as new cases cannot be filed and existing litigation is stalled while the bankruptcy process unfolds. Prior to the bankruptcy, several bellwether trials had been scheduled for 2025, intended to help shape potential global settlements. These are now postponed indefinitely. Settlement negotiations had been underway but now must await the outcome of the bankruptcy process. Up-to-date information about that process is at https://restructuring.ra.kroll.com/exactech/.
The only other notable knee replacement multidistrict litigation in recent years involved the Zimmer NexGen Knee. That MDL is now closed, with most cases dismissed or settled confidentially by 2019. As of June 2025, there are no other active MDLs for knee replacements.
