An Alachua County judge ruled against Exactech’s attempt to limit who can file a lawsuit in Florida this week (Case No. 01-2022-CA-2670). This decision opens the door for anyone in the country to file the claims in the consolidated lawsuit in Gainesville, Florida.
Lawyers for Exactech, a Florida company based roughly 5 miles from the courthouse in which these cases are consolidated, tried to argue that it was inconvenient for them to defend lawsuits in Gainesville of plaintiffs who were injured outside of Florida. Judge Donna Keim disagreed:
“Contrary to Defendants’ arguments, Florida has great public interest in the above referenced cases. Defendants’ headquarters and primary place of business is Alachua County, Florida. The products at issue were allegedly designed and manufactured in Florida. Furthermore, the majority of Defendants’ employees are alleged to be Florida residents.”
Trial Date Set for FL Exactech Lawsuits
Many Exactech cases are currently consolidated before Judge Keim. She will preside over all the cases filed in Alachua County and has already set the first trial in these cases to begin on November 6th, 2023.
Consolidated Cases More Efficient than Federal Multidistrict Litigation (MDL)
The coordinated proceedings in Gainesville are state court cases. Many Exactech cases are also filed in federal courts, which operate distinctly from state courts. Similarly to Judge Keim’s consolidation of the Exactech cases before her, federal courts have a tool to consolidate cases called “multidistrict litigation or MDL” A federal “multidistrict litigation” over the Exactech products has now started and recently held its first case management conference on November 16, 2022. It is currently in its earliest stages and at this point there is no timeline for when any federal trials will take place.
Mctlaw on Leadership for Consolidated Exactech Cases
Attorney Ilyas Sayeg, of mctlaw, is Co-Lead of the cases consolidated before Judge Keim in Gainesville, Florida. As Co-Lead, Mr. Sayeg regularly appears and argues before Judge Keim on behalf of all plaintiffs and attorneys with cases filed in the consolidated litigation.
Mctlaw is one of the first law firms to spearhead Exactech litigation on a national level. Our attorneys have years of experience litigating defective joint implant cases and winning compensation for patients injured by joint implants. If you think you have a recalled Exactech device, or you represent someone who does, and are seeking an attorney to refer or co-counsel, contact us right away.
Florida-based mctlaw is a national leader in defective joint replacement litigation and has successfully represented clients with defective implants across the country. Our attorneys filed the first metal-on-metal hip lawsuit in the United States. Our tech-forward approach gives us an edge in preparing these cases for trial and leveraging that preparation for the best possible outcomes. The legal team at mctlaw is licensed to practice law in state, federal, district, and circuit courts throughout the nation.