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Knee implants have been used across the NHS for many years but in the last few years concerns over high early failure rates and patient harm have led to the recipients of a particular product – the Zimmer Biomet NexGen Knee Joint – seeking advice from our Personal Injury team about compensation.
The NexGen knee implant, produced by Zimmer Biomet, was withdrawn from the UK market in late 2022 after the National Joint Registry found double the early failure rate compared to alternatives. Over 10,000 patients received the NexGen implant, with many experiencing severe pain, instability, loosening, and ultimately the need for revision surgery. Some reports highlight that the excessive failure rates were known about years before the recall notice was issued.
A defective medical device claim arises when an implant or prosthetic, fails to perform as intended, causing otherwise avoidable injury. NexGen knee implants often failed through “aseptic loosening”, forcing patients to have further surgery and leaving lasting problems with pain, reduced mobility or over dependency on painkillers.
Defective device claims are commonly based on allegations of:
The Consumer Protection Act 1987 protects patients from harm by defective devices with manufacturers and importers both bearing responsibility.
Compensation for NexGen knee implant claims includes the physical, psychological, and financial consequences of device failure. Damages may include:
| Type of Harm | Compensation Range |
|---|---|
| Revision surgery | £15,000 – £80,000 |
| Long-term disability or loss of function | £80,000 – £150,000+ |
| Pain and suffering (moderate) | £15,000 – £50,000 |
| Loss of earnings | Varies – evidence-based |
A 58-year-old patient suffered pain and instability after receiving a NexGen knee replacement. Investigation revealed severe loosening, requiring further surgery and leaving permanent weakness. The hospital notified the patient of the recall notice only after national media coverage.
Compensation in this case included funding for rehabilitation, lost wages, and an award for chronic pain and disability. The manufacturer was held responsible for the poor design and the failure to act on known risks.
Fosters Solicitors is acting for a number of clients who received the allegedly defective NexGen knee implant. Whilst the action is still in its early days, current indications are that many thousands of people in the UK received these implants before they were the subject of a recall notice in December 2022.
We have an established track record in successfully pursuing product liability claims, either on an individual basis or as part of a group action. In recent years we have achieved settlements for our clients in relation to a number of group actions including the PIP (breast implant) poly implant prosthesis and the DePuy ASR hip product.
Claimants generally have three years from the date they became aware of the injury or defective device to bring a legal action. However, in product liability claims there is a 10 year “long stop” date by which a claim must be brought. This being the tenth anniversary of when the defective product was put into circulation.
It is very important to establish both the three year and ten year date as early as possible.
If you or a loved one has suffered harm due to a defective NexGen knee implant, contact our specialist team for advice about your rights and options to obtain compensation.
Contact us for more information.
NexGen is a knee replacement product manufactured by Zimmer Biomet and used widely across the NHS and private hospitals. Certain NexGen models were recalled due to high failure rates at the end of 2022.
Yes, compensation is available for patients harmed by defective medical devices through personal injury or product liability claims. Compensation covers pain, revision surgery, loss of earnings, and ongoing care costs.
You typically have three years from the date you became aware of the harm caused by the defective product to bring your claim in England and Wales but this is subject to a 10 year long stop date from the date the product was put into circulation.
Medical and implant records, recall notices, documented symptoms, expert medical opinion and evidence of financial losses are all required for a successful claim.
The manufacturers, such as Zimmer Biomet bear primary responsibility for a defective product. Claims can be made against either the manufacturer or the importer of the product depending on the specific circumstances.
This article was produced on the 12th November 2025 for information purposes only and should not be construed or relied upon as specific legal advice.
