Federal multidistrict litigation tracker
MDL 3044 Update — Exactech Implant Lawsuit
In re: Exactech Polyethylene Orthopedic Products Liability Litigation. Counts are monthly JPML snapshots and can change between reports.
Lawsuit status — November 2026
Exactech Implant Lawsuit
Verified November 11, 2026
- MDL
- MDL-3044
- Court
- E.D.N.Y.
- Judge
- Senior Judge Nicholas G. Garaufis
- Current phase
- Active MDL count; bankruptcy settlement-trust and claims administration
- Settlement status
- post-confirmation administration
- Latest development
- JPML lists 1,838 pending and 1,847 historical actions in MDL 3044 as of November 2, 2026. The confirmed bankruptcy plan’s Settlement Trust administers covered injury and wrongful-death claims.
- Next major event
- No future public court date is currently verified in this record.
What changed this month?
- ●JPML lists 1,838 pending and 1,847 historical actions in MDL 3044 as of November 2, 2026. The confirmed bankruptcy plan’s Settlement Trust administers covered injury and wrongful-death claims. Source
- ●JPML reports 1,838 pending actions in MDL-3044 on October 1, 2026, unchanged from 1,838 on September 1; 1,847 total historical actions are reported separately. Source
- ●The MDL remains listed by JPML while claim status and potential recovery are governed by the confirmed bankruptcy plan and post-confirmation trust administration. Source
- ●JPML reports 1,838 pending actions and 1,847 historical actions, unchanged from August 3. Source
- ●The bankruptcy court confirmed a Chapter 11 plan establishing a Settlement Trust and other post-confirmation claim-administration structures. Source
MDL details
- Created
- October 7, 2022
- Pending
- 1,838
- Total actions filed
- 1,847
- Monthly change
- 0
Defendants named in the tracked record
Exactech, Inc.; Exactech U.S., Inc.. Defendants dispute the allegations.
Historical case counts
| Report | Pending | Total filed |
|---|---|---|
| November 2, 2026 | 1,838 | 1,847 |
| October 1, 2026 | 1,838 | 1,847 |
| September 1, 2026 | 1,838 | 1,847 |
| August 3, 2026 | 1,838 | 1,847 |
What the litigation alleges
The tracked claims concern recalled orthopedic implant product-liability claim, including premature orthopedic implant wear, failure, bone loss, or revision surgery. These are allegations; defendants dispute liability and causation.
Stage and bellwether status
JPML continues to list MDL-3044 before Senior Judge Nicholas G. Garaufis. Exactech's Chapter 11 plan was confirmed in September 2025 and created a Settlement Trust, so claim status and recovery questions depend on the confirmed plan, trust procedures, deadlines, and the individual claim record rather than an ordinary MDL-wide payout schedule.
Settlement status
The September 2025 confirmation order approved a Chapter 11 plan that created a Settlement Trust and transferred specified rights and responsibilities to post-confirmation trusts. That process is not a verified universal payment amount for every recalled-device claim.
Individual claims: Eligibility, allowed-claim status, deadlines, valuation, insurance recovery, and distributions require review of the confirmed plan and trust procedures.
Official sources
- JPML — November 2, 2026 pending and historical actions
- JPML — October 1, 2026 pending and historical actions
- JPML — September 1, 2026 pending and historical actions
- JPML — August 3, 2026 comparison report
- JPML — MDL-3044 transfer order
- FDA — Exactech joint replacement defective-packaging safety communication
- District of Delaware Bankruptcy Court — Exactech Case 24-12441
- Bankruptcy confirmation order and confirmed plan