Joint replacement claims

The answer to this question depends on the severity of your symptoms and the extent of the damage being caused by the replacement joint.

Typical symptoms of joint implant failure include:

• Pain or aching in the joint and surrounding area
• Reduced mobility
• Difficulty sleeping

If you experience any of these symptoms, then your first course of action should be to contact your doctor for advice. Be sure to ask them what make and model of joint prosthesis you have.

Your next course of action should be to contact our Harmful Products team to see if you have a claim.

Some patients who have defective joint implants may not experience any physical symptoms of failure. Abnormal blood test results and x-rays can also be signs of a defective implant.

Replacement joints do not typically last as long as natural joints do. Because of this, not all joint implants are eligible to claim. If a particular type of replacement joint experiences higher than expected rates of failure then patients may be able to claim.

The best way to be sure is by having a conversation with a specialist solicitor who will know which implants and what scenarios qualify to claim. The Harmful Products team at Hugh James is always just an email or a phone call away.

Claims for defective products must be brought within 10 years of the date that the product left the control of the manufacturer and was put into circulation. This is usually shortly after the date of manufacture. Claims must also be brought within 3 years of the patient gaining knowledge that their hip has failed.

Mark Harvey is the head of the harmful products team and specialises in faulty consumer product cases. Mark has obtained compensation for many individual victims of common but defective consumer products. Mark is the court-appointed lead solicitor coordinating over 1,000 claimants in actions arising out of the recall and health alert relating to the French manufacturer’s PIP breast products. He is also responsible for leading claims concerning various injuries and complaints from medical devices including Zimmer and De Puy hip prostheses.

Mark is regularly called upon by leading bodies and the media to provide legal comment on faulty product cases. Mark leads a team of specialist lawyers all of whom are experienced in pursuing these types of cases. Anyone of them will be happy to provide advice about making a claim for a defective joint implant.

If you received an implant that there is a known problem with then you are probably already being monitored regularly by your doctor to track the extent of the damage being caused by your defective implant. Regular blood tests can detect abnormal levels of metal in the blood which will indicate if the implants are causing an adverse reaction. If you have had a joint replacement, but are worried or unsure which type you have had implanted, you should contact your doctor for advice.

When components are implanted into a patient a product label will be documented in a patient’s hospital records. The component labels will record the identity of the manufacturer and all batch and reference numbers. This information is also entered on a central register at the National Joint Registry (NJR). Patients can obtain the information from the hospital they received treatment from or the NJR.