Defective Medical Implant Lawsuit Guide: How to File Claims for Hip, Knee, and Breast Implant Recalls

Filing a lawsuit over a defective medical implant is both a medical and legal journey. The facts of your device, your medical records, and the recall history all shape your options. Whether your issue involves a hip, knee, or breast implant, the process typically starts with confirming the exact product implanted, documenting complications, and speaking with clinicians and legal professionals who handle mass tort cases in your area. Understanding the major recall landscapes can help you plan each step with clarity.

The Rising Tide of Medical Device Recalls

Regulators and manufacturers issue recalls and safety notices for many reasons, including design flaws, manufacturing deviations, labeling issues, and post-market data revealing higher-than-expected failure rates. For patients, a recall does not automatically mean removal; decisions depend on symptoms, diagnostics, and clinician advice. If your device is tied to a recall or safety alert, gather the device sticker (or implant card), operative and implant logs, and imaging reports. Keep a symptom diary, save bills and travel records, and request written opinions from your treating physician. These materials often become the backbone of a claim.

Hip Implant Failures: DePuy, Stryker, and Zimmer

Metal-on-metal and modular hip components have generated extensive litigation. DePuy’s ASR XL Acetabular System and ASR Hip Resurfacing System were recalled in 2010 for higher-than-expected revision rates. Stryker’s Rejuvenate and ABG II modular-neck stems were voluntarily recalled in 2012 due to fretting and corrosion at the neck junction. Zimmer’s Durom Cup faced a U.S. market withdrawal in 2008 after early failure concerns and ongoing lawsuits. If you experience pain, instability, metallosis indicators, or repeat surgeries, ensure your records clearly identify the model and lot numbers, and consult an orthopedic specialist about monitoring and treatment decisions.

Knee Replacement Recalls: The Exactech Crisis

Exactech issued and expanded recalls in 2021–2022 for certain Optetrak and Truliant knee polyethylene inserts (and some Vantage ankle components) due to packaging that could allow oxidation, potentially shortening implant longevity. Patients may notice premature wear, loosening, swelling, or pain. If your knee replacement predates the recall period but uses affected components, obtain your implant labels from hospital records and ask your surgeon to confirm exposure. Keep copies of recall correspondence, and document all follow-up visits, physical therapy, medications, and time off work. These details help quantify impact in a legal claim.

Breast Implant Litigation: Allergan and BIA-ALCL

In 2019, Allergan initiated a global recall of BIOCELL textured breast implants and tissue expanders following an association with breast implant–associated anaplastic large cell lymphoma (BIA-ALCL). Not all patients with textured implants require removal; clinical decisions vary and should be guided by specialists with appropriate imaging and pathology when indicated. For legal purposes, retain implant details, explant pathology (if removal occurs), oncology reports, and any insurance correspondence. Note that timelines differ by jurisdiction; some claims rely on the date you learned—or reasonably should have learned—about a potential defect or injury.

Why You Need a Mass Tort Specialist

Mass tort and product liability cases involve complex evidence rules, multi-district litigation procedures, and coordination with medical experts. A specialist in mass torts can evaluate causation, identify the most appropriate venue, preserve evidence, and align your case with established litigation tracks. They can also coordinate with your clinicians to ensure medical needs come first. If you hold legal expenses insurance, review your policy to see whether it covers product liability counsel or litigation costs; coverage varies by country and provider, and pre-approval may be required. If not, many firms handling device claims offer contingency arrangements, subject to local rules.

How to file a claim typically includes these steps: confirm the exact device and lot numbers from your operative/implant records; obtain a written clinical assessment of symptoms and any imaging; collect proof of expenses, lost time, and travel; monitor recall notices from regulators and manufacturers; and consult a qualified mass tort lawyer in your area to assess statutes of limitations and litigation options. Avoid discarding removed devices; if explant surgery occurs, ask that the device be preserved and documented, as it may serve as critical evidence.

Build a clear timeline: date of implantation, onset of symptoms, clinical interventions, any revision surgeries, and the date you learned of the recall or defect. Keep communications organized, including emails from manufacturers or clinics. International readers should note that procedures, limitation periods, and disclosure requirements differ by jurisdiction; local legal advice is essential for accurate guidance on filing and venue selection.

A well-prepared case rests on precise device identification, thorough medical documentation, and expert legal support. Understanding the landscape for hip, knee, and breast implant recalls helps patients make informed choices about care and claims. Careful record-keeping and timely consultation with specialists improve the clarity and efficiency of the process, wherever you are located.