TL;DR: If your hip replacement failed years earlier than it should have because of how the implant was designed, made, or labeled, you may be able to bring a defective hip replacement lawsuit against the manufacturer to recover the cost of revision surgery, lost income, and pain and suffering. In New York, the filing clock can start when your symptoms begin, not when a recall letter arrives, so waiting for official news can cost you the claim.
As of 2026, a defective hip replacement lawsuit in New York is a product liability claim against the company that made the implant, based on a defect in its design, its manufacturing, or its warnings. Most hip replacements work well for a long time, so an implant that loosens, wears out, or sheds metal within a few years deserves a closer look. You do not need a recall to have a case, but a recall can make the defect easier to prove.
Hip implant makers have paid more than 7.5 billion dollars to settle hip implant claims since 2002, according to a 2026 litigation review by Drugwatch. One of the largest active cases is close to home. The national litigation over recalled Exactech implants is centralized in the federal court in Brooklyn, where about 1,838 cases were pending as of August 2026.
What Makes a Hip Replacement Defective Under New York Law?
A hip replacement is defective under New York product liability law when a flaw in its design, a mistake in how it was made, or a missing or weak warning made it unreasonably dangerous for patients who used it as intended. New York courts recognize three main types of defect claims, and they are the same claims a defective product lawyer in New York looks at in any device case.
- Design defect. The whole product line has a flaw. Metal on metal hips that released cobalt and chromium particles into the body are the best known example.
- Manufacturing defect. The design was fine, but a batch was made or packaged wrong. Exactech's recalls, for example, involved plastic liners packed in bags that let in oxygen, which could make the plastic break down faster.
- Failure to warn. The company knew, or should have known, about a risk and did not tell surgeons clearly enough. In implant cases, the warning usually goes to your surgeon, so the question is often what your surgeon was told.
Not every failed hip is a defective hip. Implants can loosen from infection, a fall, or the way they were placed. Sorting out which cause applies is the first job in any case, and it usually takes your medical records and the implant itself.
Which Hip Implants Have Been Recalled or Sued Over?
Several major hip implant systems have been recalled since 2008, and checking your implant against this history is one of the fastest ways to see whether your problem fits a known pattern. The model name is listed in your operative report and on the implant record card many patients receive after surgery.
| Manufacturer and implant | Recall year | Main problem reported |
|---|---|---|
| Zimmer Durom Cup | 2008 | Cup loosening and early failure |
| DePuy ASR hip system | 2010 | Metal wear, metal ion release, early revision |
| Stryker Rejuvenate and ABG II | 2012 | Corrosion where the neck meets the stem |
| Stryker LFIT V40 femoral heads | 2016 | Head and neck taper failure |
| Exactech hip liners, including Connexion GXL and Novation | 2021 to 2022 | Plastic liner wear linked to packaging |
| Zimmer Biomet CPT Hip System | 2024 | Higher risk of thigh bone fracture |
Older recalls do not mean older problems. Many implants from these lines are still inside patients today, and some people are only now developing symptoms or learning that their implant was part of a recall.
What Are the Warning Signs That a Hip Implant Is Failing?
The most common warning sign of a failing hip implant is new or worsening pain in the hip, groin, or thigh after a period when the hip felt fine. Other signs to take seriously include the following.
- Swelling, warmth, or a growing lump near the surgical site
- Clicking, grinding, or squeaking when you walk or bend
- A feeling that the hip is unstable or slipping
- A new limp or a change in how you walk
- Numbness in the leg
- With metal implants, symptoms beyond the hip, such as rash, fatigue, ringing in the ears, vision or memory changes, or heart symptoms
For metal on metal implants, the FDA has advised that patients with symptoms be evaluated by their surgeon, and that evaluation can include blood tests for cobalt and chromium along with imaging. Hip pain does not always mean the implant is defective, but it does mean it is time to see your surgeon and ask direct questions.
Should You Wait for a Recall Before Taking Action?
You should not wait for a recall before acting on a failing hip implant, because New York courts have often started the legal clock based on when symptoms appeared rather than when a defect was announced. Here are the beliefs that cause people to lose time.
Myth: My implant was never recalled, so I have no case. Fact: A recall is not required to bring a claim. Many lawsuits involve implants that were never recalled, and the case turns on proof of the defect and what it did to you.
Myth: The clock starts when I get a letter from the manufacturer. Fact: Deadlines for device injuries in New York can be tied to when you first noticed symptoms or had the implant removed, not when you learned the company was at fault. Federal courts applying New York law have dismissed hip implant cases as filed too late, including a 2018 decision that treated the revision surgery as the latest possible starting point.
Myth: Joining a national case means I do not need my own lawyer. Fact: Large implant cases are grouped together for pretrial work, but each person's claim is still their own. Your medical records, your timeline, and your proof of harm still have to be gathered and presented for your case.
Myth: If the company is in bankruptcy, the case is over. Fact: Exactech filed for bankruptcy in October 2024, which paused the patient cases in Brooklyn. A trust created through that bankruptcy has since sued Exactech's former owner. A pause is different from an end, but it does make the path slower and less certain.
With a defective hip, the clock often starts with your first symptom, not the manufacturer's first apology.
How Long Do You Have to File a Defective Hip Replacement Lawsuit in New York?
Most defective hip replacement lawsuits in New York must be filed within three years, but when that three years begins depends on how the implant failed and what kind of claim you bring.
| Type of claim | General New York deadline | When the clock may start |
|---|---|---|
| Product injury from a defective implant | 3 years (CPLR 214) | The date of injury, which courts may tie to your first symptoms or your revision surgery |
| Injury from substances released inside the body, such as metal particles | 3 years (CPLR 214-c) | When you discovered the injury or reasonably should have |
| Mistakes in your surgery or follow up care | 2 years and 6 months (CPLR 214-a) | The date of the mistake or the end of ongoing treatment for the same problem |
Courts have not always agreed on which of these rules fits an implant case, and that uncertainty works against people who wait. The safest move is to treat your first symptoms as the start of the clock and get advice well before three years pass. If the problem came from how the surgery itself was done, the shorter deadline for medical malpractice claims in New York may apply instead.
What Should You Do If You Think Your Hip Implant Is Defective?
If you think your hip implant is defective, the most important steps are to identify the exact implant you have and to make sure that the implant itself is saved if it is ever removed.
- See your orthopedic surgeon and describe every symptom, including ones that seem unrelated to your hip.
- Get your operative report from the hospital where your hip was replaced. It lists the manufacturer, model, and lot numbers of each part.
- Find your implant card if you were given one and photograph it.
- Ask in writing that the implant be preserved if you are scheduled for revision surgery. The removed parts are often the most important evidence in the case, and hospitals may discard or return them unless someone asks.
- Keep a symptom log with dates, pain levels, and activities you can no longer do.
- Save letters from the manufacturer, your surgeon, or any claims company, and do not sign releases or settlement forms before getting advice.
- Talk to a lawyer before revision surgery if you can, so evidence is protected from the start.
If a family member is managing care for an older parent, these same steps apply. Requesting the operative report and asking about the removed implant are tasks a family member can often start right away.
What Can a Defective Hip Replacement Lawsuit Recover?
A defective hip replacement lawsuit can recover the costs and losses caused by the failed implant, including revision surgery, rehab, lost income, and pain and suffering. Revision surgery is not a repeat of the first operation. Research from England's National Joint Registry, published in The Lancet Rheumatology in 2022, found that each later revision tends to last about half as long as the one before it, and that younger patients face a higher risk of needing several.
That means a defective implant can set off a chain of future surgeries, and those future costs belong in the claim. Damages often include the following.
- Revision surgery and any later revisions doctors expect
- Hospital stays, rehab, physical therapy, and medical equipment
- Treatment for metal related health problems when they apply
- Lost wages and reduced ability to work
- Help at home during recovery
- Pain, loss of mobility, and loss of the activities you enjoyed
When to Talk to a Lawyer About a Failed Hip Implant
The right time to talk to a lawyer about a failed hip implant is before revision surgery, or as soon as you suspect the implant is the problem, because that is when the key evidence can still be protected. Many people put this off because they feel loyal to their surgeon. A product liability claim is usually against the manufacturer, not the doctor who placed the implant, and your surgeon's records often help your case.
Segal Law Firm, based in Manhattan, handles product liability claims for New Yorkers hurt by defective products, including medical devices. In an implant case, Segal can help you identify the device, protect the removed parts, figure out which deadline applies, and explain whether your claim belongs in a national case or in a New York court. If you also had a hip replacement after a fall caused by someone else, Segal can look at both sides of what happened.
Get Answers About Your Hip Implant
If your hip replacement is failing early or you have been told you need revision surgery, call Segal Law Firm at (646) 810-3337 or request a Free Case Evaluation on our contact page. Bring your operative report if you have it. It will make the first conversation faster and more useful.
If you would rather get to know the firm before you need it, you can meet Segal in five minutes first.
Keep Reading
Two related guides cover the questions that usually come next: how long hip replacement recovery takes for working people and what determines the value of an injury case.
Every case turns on its own facts. Tell us what happened in a free case evaluation with Segal Law Firm. There is no fee unless we win.
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