Case type 02
Defective medical devices
Implants and devices that failed, broke apart, or had to come out early.
Section 1 · Identification
- Claim is against
- The device maker, and sometimes its distributor
- Key evidence
- The implant record from your operative report, and records of any revision surgery
- Usual form
- Often grouped in an MDL, with some cases in state courts
Section 01: Overview
What a device case is.
Device cases cover hardware placed in or on the body: joint implants, mesh, filters, pumps and stimulators. The claim is against the company that designed or made the device.
Having a device that was later recalled is not a case on its own. What usually matters is a real complication, and most often a revision, removal or repair surgery. We help you find the make and model, which many people have never seen.
Examples of what we review
- A metal hip implant that loosened and shed debris (example)
- A hernia mesh device that shrank or moved (example)
- A filter placed in a large vein that tilted or broke (example)
- A knee replacement part that failed early (example)
- A spinal cord stimulator that shifted or overheated (example)
Generic examples on a demo site. No real product, company or lawsuit is named.
Section 02: What we look for
Most cases that move forward have these.
Missing one is not always the end. Some facts can be found in records you have forgotten about. We will tell you which ones matter for you.
Usually a fit
- Fit: You had a revision, removal or repair surgery, or a surgeon has recommended one
- Fit: Your records name the device maker and model (we can help find this)
- Fit: The failure matches problems in recalls, safety notices or published research
- Fit: Your problems began after the device was placed
Usually not a fit
- Not a fit: The device is working and you have no symptoms (worry alone is not a case)
- Not a fit: The problem came from how the surgery was done rather than the device (that may be malpractice)
- Not a fit: No record anywhere can identify the device
Section 03: Records that help
What to gather, and how to get it.
You do not need any of this before you call. With your written permission, we can request most of it for you.
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01 Implant card or patient ID card
Many patients get one at discharge. It is often in the discharge folder or a wallet.
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02 Operative report and implant log
The hospital's surgery record usually includes a sticker page listing the maker, model and lot number of every part.
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03 Revision surgery records
The report from the surgery that repaired or removed the device, plus any pathology report on what was removed.
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04 The removed device itself
Ask the hospital in writing, before or right after surgery, to keep the device and not send it back to the maker.
Section 04: Your filing window
The clock may start when you found the problem.
Section 05: How these cases run
What to expect, honestly.
Device cases with many similar claims are often grouped in an MDL for evidence gathering and early trials. Your case keeps its own facts and medical history. Device cases tend to take years, and we tell you that at the start.
Section 06: Finding your implant
Where the model number hides.
Most people have never seen the make or model of their implant. It is almost always written down somewhere. These are the four places we look first.
- 1Cup (shell), set into the pelvis
- 2Liner, plastic, ceramic or metal
- 3Ball (head), metal or ceramic
- 4Stem, inside the thigh bone
- 1 Implant card A wallet card or sticker sheet some patients get at discharge.
- 2 Implant log A page in the operative report with peel-off stickers for every part, showing maker, model and lot.
- 3 Hospital bill Itemized bills often list each implanted part as its own line.
- 4 Surgeon's office The office keeps the operative report and can send it with your written OK.
Section 07: Questions
Questions about device cases.
Is this a class action?
Usually not. Most device cases are individual cases grouped for pretrial work in an MDL. In a class action, one case speaks for everyone. In an MDL, each person keeps their own case and their own outcome.
My surgeon says the device was fine. Should I still call?
You can. Surgeons judge your health, not a legal claim. If the device was removed or repaired, the records will show why, and we can read them with you.
The hospital kept my removed device. Can I get it?
Often, yes. We send a written request asking the hospital to hold it and not return it to the maker. The sooner the request goes out, the better.
Free case review
Talk to someone who reads the file.
A free review takes about ten minutes. You get a plain answer: yes, not yet, or no, with the reason. Contacting us does not make you a client and costs nothing.
Mon to Fri 8 to 6 · Sat 9 to 1 · No fee unless money is recovered