Last updated: July 2026
- What Is a Defective Medical Device Lawsuit?
- Which Hip and Knee Implants Have Faced Lawsuits?
- How Do You Know If Your Hip or Knee Implant Is Failing?
- How Does the Lawsuit Process Work?
- What Compensation Can You Recover?
- How Long Do You Have to File?
- What Should You Do if You Suspect a Defective Implant?
- Frequently Asked Questions
A defective medical device lawsuit lets patients harmed by a failed hip or knee implant seek money for revision surgery, lost wages, and pain. Most claims are filed as individual suits within a multidistrict litigation (MDL), not class actions. Deadlines are set by state law, so injured patients should act quickly.
What Is a Defective Medical Device Lawsuit?
A defective medical device lawsuit is a product liability claim against the company that made or sold a faulty implant. These cases usually target the manufacturer, not your surgeon or hospital. Your doctor may have done everything right, and the device still failed.
Most claims rest on one of three legal theories. A design defect means the implant was dangerous as designed, such as metal-on-metal hips that shed metal debris into surrounding tissue. A manufacturing defect means something went wrong in production or packaging. A failure to warn means the company knew about risks and did not adequately tell doctors or patients.
Hip and knee implants generate more of these claims than almost any other device category. Millions of Americans have artificial joints, so even a small failure rate injures thousands of people.
Which Hip and Knee Implants Have Faced Lawsuits?
Several major implant brands have been recalled or pulled from the market after reports of high failure rates. The table below summarizes some of the largest hip and knee implant litigations of recent years.
| Device | Manufacturer | Alleged Problem | Litigation Outcome |
|---|---|---|---|
| ASR XL Acetabular hip | DePuy (Johnson & Johnson) | Metal-on-metal wear and tissue damage; recalled in 2010 | Settlement program announced in 2013, valued at roughly $2.5 billion, with base awards near $250,000 for revision patients |
| Rejuvenate and ABG II hip stems | Stryker | Corrosion at the modular neck junction; recalled in 2012 | 2014 settlement program with base awards of about $300,000 for patients who had revision surgery |
| Pinnacle hip (metal-on-metal liners) | DePuy (Johnson & Johnson) | Metal wear debris and early failure | Large jury verdicts followed by widespread confidential settlements [VERIFY] |
| Optetrak and Truliant knees; Connexion GXL hip liners | Exactech | Defective packaging allowed plastic inserts to degrade; recalls in 2021-2022 | Cases consolidated in MDL 3044 in the Eastern District of New York; status of claims affected by Exactech’s 2024 bankruptcy filing [VERIFY current status] |
| Persona Trabecular Metal tibial plate | Zimmer Biomet | Reports of loosening; recalled in 2015 | Individual lawsuits filed; no publicly announced global settlement [VERIFY] |
Settlement figures reflect publicly announced programs. Individual payments varied widely based on the injury, the number of surgeries, and state law.
How Do You Know If Your Hip or Knee Implant Is Failing?
Implant failure often starts quietly. Many patients assume post-surgery soreness is normal until the symptoms get worse instead of better.
Warning signs include:
- New or worsening pain in the hip, groin, thigh, or knee
- Swelling or inflammation around the joint
- Clicking, popping, grinding, or squeaking sounds
- A feeling that the joint is loose or unstable
- Trouble walking, standing, or bearing weight
- For metal-on-metal hips: rashes, fatigue, or other symptoms linked to elevated metal levels in the blood
If you notice these symptoms, see your orthopedic surgeon. Blood metal ion testing and imaging can show whether the implant is corroding, loosening, or damaging nearby tissue. Get copies of the results. They become key evidence in a claim.
How Does the Lawsuit Process Work?
Implant cases are rarely class actions. Because each patient’s injury is different, federal courts usually consolidate the cases into multidistrict litigation, or MDL. Your case stays individual, but it shares evidence gathering and pretrial rulings with thousands of similar claims before one judge.
The MDL judge typically schedules bellwether trials. These test cases show both sides how juries value the claims. Strong plaintiff verdicts often push the manufacturer toward a global settlement program that pays claimants based on a grid: revision surgery, complications, age, and other factors set the amount.
The Exactech knee and hip cases, for example, were consolidated in MDL 3044 in 2022. Exactech later filed for Chapter 11 bankruptcy in 2024, which changed how those claims are being resolved [VERIFY current status as of July 2026].
What Compensation Can You Recover?
A successful claim can cover both financial losses and personal harm. Typical categories include:
- Past and future medical bills, including revision surgery
- Lost wages and reduced ability to work
- Pain and suffering
- Loss of mobility and quality of life
- Punitive damages, in cases where the company acted with serious disregard for patient safety
Past hip settlement programs paid base awards in the range of $250,000 to $300,000 to revision patients, with more for severe complications. Those numbers are history, not a promise. Every case and every device litigation is different.
How Long Do You Have to File?
Every state sets a statute of limitations, usually one to six years. The clock often starts when you knew, or reasonably should have known, that the implant caused your injury. Lawyers call this the discovery rule.
Some states also have a statute of repose, a hard outer deadline measured from the date of sale or implantation. Miss either deadline and your claim can be barred no matter how strong it is.
Because these rules vary so much, talk to a lawyer as soon as you suspect a problem. Waiting for the implant to fail completely can cost you your claim.
What Should You Do if You Suspect a Defective Implant?
- See your surgeon and describe every symptom. Ask directly whether the implant may be failing.
- Request your medical records, including the operative report that lists the implant’s brand, model, and lot number.
- Check the FDA’s medical device recall database for your specific device.
- If you have revision surgery, ask in advance that the removed implant be preserved, not discarded. It is often the single most important piece of evidence.
- Contact a product liability lawyer. Most offer free consultations and work on contingency, so you pay nothing unless you recover money.
A failed implant can mean a second major surgery, months of recovery, and real financial strain. A defective medical device lawsuit cannot undo that, but it can shift the cost back onto the company that sold the faulty product. If your hip or knee implant is causing problems, get it checked, save your records, and speak with a qualified attorney before your filing deadline passes.
Frequently Asked Questions
How much is a defective hip or knee implant lawsuit worth?
There is no fixed amount. In past hip implant settlements, base awards ran roughly $250,000 to $300,000 for patients who needed revision surgery, and some received more. Value depends on the device, the severity of your injury, whether you had revision surgery, your lost income, and the strength of the evidence linking the implant to your harm.
Do I need revision surgery to file a claim?
Not always, but it matters. Most large settlement programs paid the highest amounts to patients who needed revision surgery to remove or replace the failed implant. If your implant is recalled but still functioning, talk to a lawyer anyway. Filing deadlines can run even before revision, and a lawyer can protect your claim while you monitor the device.
How long do I have to file a defective medical device lawsuit?
Most states give you one to six years from the date of injury or from the date you discovered the implant caused your harm. This deadline is called the statute of limitations, and it varies by state. Miss it and you likely lose your right to sue, so contact a lawyer as soon as you suspect a problem.
How much does a defective implant lawyer cost?
Almost all implant injury lawyers work on contingency. You pay nothing up front, and the lawyer takes a percentage of your recovery, typically 33 to 40 percent, plus case costs. If you recover nothing, you owe no fee. Get the fee agreement in writing and ask how case costs are handled before you sign.
How do I find out if my implant was recalled?
Ask your surgeon or hospital for the implant’s brand, model, and lot number from your operative report. Then search the FDA’s medical device recall database, or ask a lawyer to check for you. Many failing implants were never formally recalled, so you may still have a claim even if yours does not appear on a recall list.
This article is general information, not legal or medical advice. Laws, deadlines, and litigation status vary by state and change over time. Talk to a licensed attorney about your specific situation.