Settlement guide

Exactech Bankruptcy: What It Means for Claims

Exactech’s bankruptcy plan sent injury claims against the company to a trust. No payment amounts or start date have been set.

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Updated Oct 5, 202626 sources

This may apply to you if

  • Check the actual model, serial number and applicable recall with your care team.
  • Gather records of symptoms, treatment and any prior surgery or claim filing.
  • Ask which legal process, proof rules and deadline apply to your file.

What the public record says

These are cited sources. Their inclusion does not imply that they endorse People’s Justice or reviewed this page.

Laurie Selber Silverstein · U.S. Bankruptcy Court for the District of Delaware · U.S. Bankruptcy Judge, order confirming the Exactech plan

Finding: The September 17, 2025 order confirmed the plan. Under the plan, injury and wrongful death claims against Exactech were to move to the Exactech Settlement Trust when the plan took effect, and be paid only under the trust’s procedures.

Bankr. D. Del., order confirming the Fifth Amended Plan, Doc. 1647 (Sept. 17, 2025) (opens in a new tab) · Sep 17, 2025 · Checked Oct 5, 2026

The short answer

Has a settlement trust been set up?
Yes. Exactech’s bankruptcy plan took effect on October 31, 2025. It moved injury claims against the company to a trust run by a trustee. The trust has not announced any payments. [14]
What do we know about amounts?
No payment amounts have been set. The trust’s payment table is still blank. No one can tell you today what a claim may pay. [15]
What affects what a claim could get?
The trust’s rules look at the injury and the medical records. How much money the trust collects also matters. Those details have not been set yet. [15]
What fees and costs come off the top?
Ask a lawyer for the fee and costs in writing before you sign. Ask what you would owe if nothing is paid. Ask how expenses are taken out. [10]

What rules a case out

Not covered by this case

  • This page does not estimate what any claim is worth.
  • It cannot tell you whether a claim you filed was accepted.

The process

What happens next

  1. 01

    You answer a few questions

    About two minutes. Nothing is sent until you agree on the last step and press submit.

  2. 02

    A lawyer looks at it

    A lawyer at the firm reads your answers and checks them against the current case criteria.

  3. 03

    The firm decides and gets in touch

    If the firm takes your case, you get the terms in writing to read before you sign. You can always say no.

Exactech’s bankruptcy plan sent injury claims against the company to a trust. No payment amounts or start date have been set. Ask a lawyer how this affects you.

Has a settlement trust been set up?

Yes. Exactech’s bankruptcy plan took effect on October 31, 2025. It moved injury claims against the company to a trust run by a trustee. The trust has not announced any payments.

Exactech and four related companies filed for bankruptcy in Delaware on October 29, 2024. Judge Laurie Selber Silverstein confirmed the plan on September 17, 2025. The business was sold to a buyer, EI Bidco, on October 31, 2025, the day the plan took effect.

Under the plan, injury and wrongful death claims against Exactech moved to the Exactech Settlement Trust. Ellen K. Reisman is its trustee. The buyer did not take on injury or recall claims about parts the old company made.

What do we know about amounts?

No payment amounts have been set. The trust’s payment table is still blank. No one can tell you today what a claim may pay.

The trust’s claim rules include a table with five levels, but the money figures are left blank. The rules say they are not approved by the court until that table is added after a hearing. They also let the trustee decide there is not enough money to pay claims.

The trust started with cash from the company and a share of future lawsuit and insurance recoveries. How much it collects will affect what it can pay.

What affects what a claim could get?

The trust’s rules look at the injury and the medical records. How much money the trust collects also matters. Those details have not been set yet.

To file with the trust, a person will fill out a questionnaire, send the records it asks for and answer the trustee’s questions. The rules ask for proof that you received an Exactech device. They also require a claim filed in the bankruptcy on time, or one the court treats as on time.

What fees and costs come off the top?

Ask a lawyer for the fee and costs in writing before you sign. Ask what you would owe if nothing is paid. Ask how expenses are taken out.

The ABA model rule says a fee based on a recovery should be in a signed, written agreement. It should explain how the fee is figured, which expenses come out of the recovery, and whether they come out before or after the fee. It is a model rule, not a price quote from any firm.

When could payments start?

No start date has been set. The trustee must first decide there is enough money to pay claims. The trust said it resolved no claims in 2025.

The trust’s April 28, 2026 report said the trustee made no such money decision in 2025, so no claims were resolved that year. Under the trust agreement, claims processing starts only after that decision. The rules say the trust will give notice when it can accept claim forms. As of October 5, 2026, we had found no such notice.

Should I trust online estimates?

Be careful. No amounts have been approved, so any number you see online is a guess. Ask where a figure comes from before you rely on it.

Results from other implant cases do not set this trust’s payments. The trust’s money, its final rules and your records will decide any payment. A lawyer can explain what is known so far.

What happened to the court cases?

They are paused. A federal judge in New York paused the cases against Exactech in November 2024. Under the plan, injury claims against Exactech now go to the trust instead.

The federal cases are grouped in Brooklyn before Judge Nicholas G. Garaufis. He paused them on November 1, 2024. Two test trials had been set for the fall of 2025. A report dated October 1, 2026 lists 1,838 cases still pending.

In March 2024 the judge dismissed claims against TPG, the private equity owner, and related firms in the cases his order covered. A request to revive those claims is on hold while a bankruptcy trustee’s own lawsuit goes forward.

The order that sends injury claims to the trust does not, by itself, stop claims against some other companies. But the sale order bars injury claims against the buyer of the business, and a December 2025 court order notes the parties agree the claims against TPG now belong to a bankruptcy trust. A lawyer can tell you who else, if anyone, may be responsible.

What happens when I check?

A lawyer can look at your implant, your records and any claim you filed. Exactech’s site lists an email for implant claim questions. Asking is not the same as filing.

Exactech’s recall page says questions about implant claims for devices put in before October 31, 2025 go to et_info@reismantheis.com. Questions about later devices or recalls go to legal@exac.com. Exactech also says its patient reimbursement program is permanently closed.

Kroll, the company that kept the bankruptcy claims list, left that role as of September 2, 2026, under a court order. Its case website may stop updating. The company’s wind-down officer asked the court to appoint Omni Agent Solutions to take over.

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Sources

  1. FDA Exactech joint device safety communicationFDA Exactech joint device safety communication · regulator
  2. FDA AcuMatch XLE recall recordZ-1165-2025FDA AcuMatch XLE recall recordZ-1165-2025 · regulator
  3. FDA What is a Medical Device Recall?FDA What is a Medical Device Recall? · regulator
  4. Exactech US Recall InformationExactech US Recall Information
  5. Exactech Recall Serial Number CheckerExactech Recall Serial Number Checker
  6. Exactech Hip FAQ current reimbursement noticeExactech Hip FAQ current reimbursement notice
  7. Garaufis MDL3044 Practice and Procedure Order1Garaufis MDL3044 Practice and Procedure Order1 · court
  8. Silverstein Exactech bankruptcy discovery letterSilverstein Exactech bankruptcy discovery letter · court
  9. USCourts Chapter11 Bankruptcy BasicsUSCourts Chapter11 Bankruptcy Basics · court
  10. ABA Model Rule1.5 FeesABA Model Rule1.5 Fees
  11. HHS your medical recordsHHS your medical records · regulator
  12. SDNY how long do I have to file?SDNY how long do I have to file? · court
  13. Exactech filed Chapter 11 in the US Bankruptcy Court for the District of Delaware (Oct 30, 2024), citing product-liability claims from ~2,600 patients over its recalled knee/hip/ankle implants; recalls and litigation had cost ~$20 million over the prior 12 months. Existing investors provided $85 million in funding and served as stalking-horse bidder for substantially all assets. The filing stayed MDL 3044 litigation against the company.medtechdive.com · Oct 30, 2024
  14. Bankr. D. Del., order confirming the Fifth Amended Plan, Doc. 1647 (Sept. 17, 2025)
  15. Exactech Settlement Trust distribution procedures (July 2025 version)
  16. Plan supplement amendment and trust agreement, Doc. 1575 (Aug. 26, 2025)
  17. Exactech Settlement Trust annual report, Doc. 1862 (Apr. 28, 2026)Exactech Settlement Trust annual report, Doc. 1862 (Apr. 28, 2026)
  18. Notice of confirmation and effective date, Doc. 1747 (Nov. 3, 2025)Notice of confirmation and effective date, Doc. 1747 (Nov. 3, 2025)
  19. Kroll case page: In re Exactech, Inc., No. 24-12441 (Bankr. D. Del.)Kroll case page: In re Exactech, Inc., No. 24-12441 (Bankr. D. Del.)
  20. Notice of closing of the sale, Doc. 1746 (Nov. 3, 2025)Notice of closing of the sale, Doc. 1746 (Nov. 3, 2025)
  21. Bankr. D. Del., sale order, Doc. 1646 (Sept. 17, 2025)Bankr. D. Del., sale order, Doc. 1646 (Sept. 17, 2025) · court
  22. E.D.N.Y., MDL 3044 docket: stay and later orders (CourtListener)E.D.N.Y., MDL 3044 docket: stay and later orders (CourtListener) · court
  23. JPML: pending MDL dockets by district (Oct. 1, 2026)JPML: pending MDL dockets by district (Oct. 1, 2026) · court
  24. E.D.N.Y., MDL 3044 order on the TPG defendants (Mar. 7, 2024)E.D.N.Y., MDL 3044 order on the TPG defendants (Mar. 7, 2024) · court
  25. Bankr. D. Del., order ending Kroll’s claims-agent role, Doc. 1946 (Sept. 28, 2026)Bankr. D. Del., order ending Kroll’s claims-agent role, Doc. 1946 (Sept. 28, 2026) · court
  26. Application to appoint Omni Agent Solutions, Doc. 1933 (Sept. 3, 2026)Application to appoint Omni Agent Solutions, Doc. 1933 (Sept. 3, 2026)

Checked against 13 primary sources by People's Justice editors · Updated

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