Defective Medical Device Lawsuit: Hip and Knee Implants

Last updated: July 2026

A defective medical device lawsuit lets patients harmed by a failed hip or knee implant seek money for revision surgery, medical bills, lost wages, and pain. Most claims argue the implant was poorly designed, badly manufactured, or sold without proper warnings. Past hip implant settlement programs paid many injured patients $250,000 or more each.

Joint replacement is one of the most common major surgeries in the United States. Surgeons perform more than one million hip and knee replacements combined every year. Most implants work well. But when a design flaw or manufacturing error causes an implant to fail early, the results can be painful, expensive, and life changing.

This guide explains how these claims work, which devices have faced major litigation, what compensation looks like, and the deadlines that apply.

Why Do Hip and Knee Implants Fail Early?

An artificial hip or knee should last 15-20 years or more. A defective one can fail within a few years, sometimes within months. Common defect patterns include:

• Metal-on-metal wear. Some hip designs paired a metal ball with a metal cup. Friction released cobalt and chromium particles into nearby tissue and the bloodstream, causing pain, tissue damage, and a condition called metallosis.
• Corrosion at modular junctions. Hips built from multiple metal components can corrode where the pieces meet, harming surrounding bone and muscle.
• Degraded plastic parts. Polyethylene liners and inserts can wear out early. In the Exactech recalls, defective packaging let oxygen degrade the plastic before it was ever implanted.
• Loosening and instability. A component that never bonds properly to bone can shift, causing pain, squeaking, clicking, or dislocation.

Part of the problem is how these devices reach the market. Most hip and knee implants are cleared through the FDA’s 510(k) pathway, which allows sale if a device is substantially similar to one already sold. That process usually does not require new clinical trials in patients.

Which Hip and Knee Implants Have Faced Major Lawsuits?

Tens of thousands of Americans have filed claims over failed joint implants. The table below summarizes some of the largest hip and knee implant litigations to date.

A recall is strong evidence, but it is not a requirement. Patients have won cases involving implants that were never formally recalled. What matters is proof that the device was defective and that the defect caused your injury.

How Do You Prove a Defective Medical Device Lawsuit?

Most implant cases rely on product liability law. A defective medical device lawsuit typically raises one or more of three claims:

1. Design defect. The design itself was unreasonably dangerous, as alleged with metal-on-metal hips.
2. Manufacturing defect. The design was acceptable, but something went wrong in production or packaging, as alleged in the Exactech cases.
3. Failure to warn. The company knew about risks and did not adequately warn surgeons and patients.

Evidence usually includes your surgical and medical records, the implant’s brand and lot number, blood metal level tests for metal hips, imaging, and expert testimony from engineers and orthopedic specialists. If you have revision surgery, ask in advance that the removed implant be preserved. The explanted device is often the single most important piece of physical evidence.

Because thousands of patients often sue over the same product, federal courts frequently consolidate these cases into multidistrict litigation, or MDL. Your case stays individual, but pretrial work is shared, and early test trials often shape group settlements.

There is also a point of good news for patients. Most hip and knee implants were cleared through 510(k), not the FDA’s stricter premarket approval process. That distinction matters because federal preemption, which can block claims over premarket approved devices, generally does not shield 510(k) devices.

What Compensation Can You Recover?

Compensation depends on your injuries and losses. A successful defective device claim can cover:

• Revision surgery and all related medical bills, past and future
• Physical therapy and rehabilitation costs
• Lost wages and reduced earning capacity
• Pain, suffering, and loss of mobility or independence
• In rare cases, punitive damages meant to punish the manufacturer

Values vary widely. Patients who needed revision surgery, suffered permanent damage, or lost significant income generally recover far more than patients whose implants have not yet failed. Age, infection, and complications during revision surgery also move the number.

How Long Do You Have to File?

Every state sets a statute of limitations, usually one to six years for injury claims. Two to three years is most common. In many states the clock starts when you knew, or reasonably should have known, that the implant caused your injury. Lawyers call this the discovery rule.

Be careful with recalls. Some courts treat a recall notice or a doctor’s warning as the moment you should have known about the problem. Waiting can quietly end an otherwise strong claim. Talk to a lawyer as soon as you suspect your implant is failing, even if you feel unsure.

What Should You Do if You Think Your Implant Is Failing?

1. See your orthopedic surgeon. Report pain, swelling, instability, clicking, or grinding. Ask directly whether your implant model has been recalled.
2. Identify your exact device. Request the manufacturer, model, and lot number from your implant card or surgical records.
3. Get recommended testing. For metal hips, that may include blood cobalt and chromium levels along with imaging.
4. Keep everything. Save medical records, bills, correspondence, and, after any revision, the removed device itself.
5. Speak with a lawyer before accepting anything. Manufacturers sometimes offer to reimburse costs through claims administrators. Signing paperwork without counsel can limit or release your legal rights.

The Bottom Line

Failed hip and knee implants have produced some of the largest injury settlements in American history, and new cases continue to be filed. If a failing implant has left you in pain or facing revision surgery, a defective medical device lawsuit may be your path to real compensation. Deadlines are short and evidence fades, so act promptly and get a free case review from an experienced attorney.

Frequently Asked Questions

How much is a defective hip or knee implant lawsuit worth?

There is no fixed amount. Past programs offer a rough guide: DePuy ASR base awards were about $250,000 and Stryker hip base awards were about $300,000 for revision patients. Your case value depends on your injuries, whether you needed revision surgery, your age, and your lost income.

Can I file a claim if my implant was never recalled?

Yes. A recall helps prove a defect, but it is not required. Many successful claims have involved devices that were never formally recalled. What matters is evidence that the design or manufacturing was defective and that the failure caused your injury. A lawyer can investigate your specific model.

Do I need revision surgery before I can sue?

No, but it matters. You can file once you know the device injured you. That said, claims from patients who already had revision surgery usually settle for much more, and some past programs only paid revision patients. Never schedule surgery for a lawsuit; follow your surgeon’s medical advice.

How long does a defective medical device lawsuit take?

Often two to four years, sometimes longer. Cases consolidated in multidistrict litigation can move slowly at first, then resolve in large groups after early test trials. Individual settlements can come faster. Filing deadlines, however, are short, so the clock matters most at the very start.

Will it cost me anything up front to hire a lawyer?

Usually not. Most defective device attorneys work on contingency, meaning they take a percentage of any recovery, commonly 33-40 percent, and nothing if you lose. Initial consultations are typically free. Always confirm the fee structure in writing before you sign a retainer agreement.

This article is general information, not legal advice. Every case is different, and laws vary by state. Speak with a licensed attorney about your specific situation.