Hip and Knee Implant Claims in Ireland: The Two Routes Explained

Gary Matthews, Personal Injury Solicitor Dublin

Author: Gary Matthews, Principal Solicitor, Law Society of Ireland PC No. S8178 • 3rd Floor, Ormond Building, 31-36 Ormond Quay Upper, Dublin D07 • 01 903 6408

Reviewed by Gary Matthews Last reviewed: Reading time: ~22 minutes Jurisdiction: Ireland

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Summary: A hip or knee implant claim in Ireland sits across two parallel legal routes, each with its own time limit. The negligence route runs on a 2-year clock from the date of knowledge under the Statute of Limitations (Amendment) Act 1991[2]. The product-liability route runs on a 3-year clock from knowledge with a 10-year longstop under the Liability for Defective Products Act 1991[1]. From 9 December 2026, the new EU Product Liability Directive 2024/2853[5] extends the latent-injury backstop to 25 years for implants placed on the market on or after that date. This page is for educational purposes only and does not constitute legal advice. Every case is different and outcomes vary.

At a glance
  • Two routes, two clocks. Negligence runs on a 2-year clock from date of knowledge. The 1991 Act runs on a 3-year clock from knowledge with a hard 10-year longstop.
  • 9 December 2026. The new EU Product Liability Directive 2024/2853 must be transposed by this date. From then, a 25-year latent-injury backstop applies to new implants.
  • Most cases start in the High Court. Medical negligence is excluded from the Injuries Resolution Board (IRB) under section 3(d) of the PIAB Act 2003.
  • Pre-2014 implants sit outside INOR. Records have to come from the original Irish hospital. The 3,300 to 3,500 Irish DePuy ASR cohort is in this gap.
  • Recall is a starting point, not the case. The section 5 "defect" test under the 1991 Act decides liability, not the regulator's recall decision.
  • Galvin v Sharif & DePuy [2025] IEHC 680.[10] The High Court has set aside summons renewals for unjustified delay. Procedural urgency matters.

In short: A hip or knee implant claim in Ireland may proceed under one or more of four routes: strict liability against the manufacturer under the 1991 Act, negligence against the surgeon, hospital duty of care, or informed consent. Time limits depend on the route. Most claims start in the High Court because medical negligence is excluded from the Injuries Resolution Board.

Contents
Negligence clock: 2 years from the date you knew (or should have known) the implant was the source of harm. Statute of Limitations (Amendment) Act 1991
1991 Act clock: 3 years from knowledge with a 10-year longstop from the date the producer placed the product on the market. Liability for Defective Products Act 1991, s.7
25-year backstop: From 9 December 2026 for new implants under the revised EU PLD. Directive (EU) 2024/2853
Where claims start: Usually the High Court. Medical negligence is excluded from the Injuries Resolution Board under section 3(d) of the PIAB Act 2003.

Quick answers

How long do I have? Two years from the date of knowledge for negligence. Three years from knowledge with a 10-year longstop for the 1991 Act.
Recall but no revision? Often you can still claim. Pre-revision routes use MARS-MRI imaging and blood metal-ion tests as the medical foundation.
Should I keep the explant? Yes. Write to the consultant and pathology department before revision asking that the device be retained for analysis.
Does the IRB handle implant claims? Usually no. Medical negligence is excluded from the Injuries Resolution Board (IRB), formerly known as PIAB until 2023, under section 3(d) of the PIAB Act 2003.
Implant claim triage from device identification to High Court (left to right) Identify implant + lot records, INOR, hospital MARS-MRI + blood ions imaging + biochemistry Decide route(s) 1991 Act, negligence, both High Court summons Med Neg excluded from IRB
Left to right: implant identification → imaging & biochemistry → cause-of-action decision → High Court issue. Most product-liability claims bypass the Injuries Resolution Board.

What is a hip and knee implant claim?

Key takeawayA hip and knee implant claim seeks compensation when a prosthetic joint fails. Four parallel legal routes can be combined: strict product liability against the manufacturer, professional negligence against the surgeon, hospital duty of care, and informed consent.

A hip and knee implant claim is a civil action that seeks compensation when a prosthetic joint causes injury, requires unscheduled revision surgery, or fails earlier than expected. The claim can run along four parallel routes: strict product liability against the manufacturer under the Liability for Defective Products Act 1991, professional negligence against the surgeon or clinician, breach of the hospital's organisational duty of care, and breach of informed consent where a patient was not warned about a known recall risk. The four routes are not mutually exclusive. Many cases proceed against the manufacturer and the hospital at the same time, with the choice driven by what caused the harm rather than by what the patient prefers.

Components of a total hip arthroplasty (left) and a total knee arthroplasty (right) with the parts most often at issue in Irish implant claims labelled Total hip arthroplasty Total knee arthroplasty Pelvis Acetabular cup Femoral head Femoral stem Femur Femur Femoral component Polyethylene insert Tibial tray Tibia
Component naming for total hip arthroplasty and total knee arthroplasty. The acetabular cup, femoral head, polyethylene insert, and tibial tray are the most common sites at issue in Irish defective-implant claims.

Who can make a hip or knee implant claim?

Three groups can bring a hip or knee implant claim in Ireland: the injured patient, a parent or guardian on behalf of a minor, and the estate or a dependant of a deceased patient. The injured patient brings it personally where capacity allows. A parent or legal guardian brings it as next friend on behalf of a minor. The estate or a dependant brings it under the Civil Liability Act 1961. A claim can also be made by patients who have not yet had revision surgery but show evidence of metallosis, elevated blood cobalt or chromium ions, or pseudotumour on MARS-MRI. The question is whether harm has occurred, not whether the device has been removed. For more on representative claims, see our pages on estate claims after death and claims for children.

How long do I have to claim?

Key takeawayTwo parallel limitation clocks run in Ireland: 2 years from knowledge for negligence (Statute of Limitations Amendment Act 1991, s.3) and 3 years from knowledge with a 10-year longstop for product liability (Liability for Defective Products Act 1991, s.7). From 9 December 2026, the EU PLD adds a 25-year backstop for new implants.

The answer depends on which route you take, and there are two competing clocks. We call this the Two-Clock Framework. The negligence clock runs for two years from the date of knowledge. The product-liability clock under the 1991 Act runs for three years from knowledge but is capped by a ten-year longstop measured from the date the producer placed the product on the market. From 9 December 2026, a 25-year latent-injury backstop applies to new implants under the revised EU PLD. Most patients in the existing Irish DePuy cohort, implanted between 2003 and 2010, are now outside the 1991 Act longstop but may still be inside the negligence clock if knowledge came late.

RouteTriggerLimitSource
Negligence (Med Neg)Date of knowledge of injury and its cause2 yearsStatute of Limitations (Amendment) Act 1991, s.3
Product liability (1991 Act)Date of knowledge of damage, defect and producer3 years from knowledge, capped by a 10-year longstop from the date the product was placed on the marketLiability for Defective Products Act 1991, s.7
Revised EU PLD (from 9 Dec 2026)Date the implant was placed on the market10-year producer-liability period plus a 25-year latent-injury backstop for personal-injury casesDirective (EU) 2024/2853, Article 17
Three-regime timeline showing the Irish DePuy ASR cohort (2003-2010), the INOR launch (2014), and the EU PLD transposition (9 December 2026) 2003 2010 2014 9 Dec 2026 2036 2051 Irish DePuy ASR cohort implanted INOR begins collecting national orthopaedic data EU PLD transposition 25-year backstop opens 10-yr longstop closes on 9 Dec 2026 implants 25-yr backstop closes
The three regimes do not overlap. The Irish DePuy ASR cohort sits before INOR. INOR captures implants from 2014 onwards. The EU PLD 25-year backstop applies only to implants placed from 9 December 2026.

Two-Clock Calculator

Enter the date the implant was placed and the date you first connected your symptoms to the device. The calculator shows which of the three statutory limitation regimes are open against those dates. Educational only.

This calculator is informational. It does not give legal advice and does not account for case-specific exceptions. The date-of-knowledge analysis can be contested. For advice on your situation, consult a solicitor.

The negligence clock

The negligence route uses the standard medical-negligence two-year limit and the date-of-knowledge rule. The clock starts when you knew, or could reasonably have known, that you suffered a significant injury attributable to an act or omission. For implant cases, knowledge usually crystallises when imaging or blood ion testing identifies a problem traceable to the device. Unlike in England and Wales, where the Limitation Act 1980 sets a three-year limit, Ireland applies the two-year limit set by the 1991 amendment to the Statute of Limitations 1957. See the date you knew.

What will the manufacturer argue? In date-of-knowledge cases, defendants commonly argue that media coverage of the recall, routine post-implant follow-up, or the patient's own pain symptoms started the clock years before legal advice was sought. The point of practice is that knowledge means knowledge of the link between symptom and device, not mere awareness of pain or of a recall in the abstract.

The 1991 Act clock

Section 7 of the Liability for Defective Products Act 1991[1] sets two limitation gates. Section 7(1) gives a claimant three years from knowledge of damage, defect, and producer. Section 7(2)(a) caps the claim with a hard ten-year longstop from the date the producer placed the product on the market. The s.7(2)(a) longstop has no late-emerging-injury extension. The existing Irish DePuy ASR cohort, where most implants were placed before 2010, can no longer use the 1991 Act and must rely on negligence or hospital duty.

Worked example. A DePuy ASR head placed in a Cork hospital in March 2008. The 1991 Act longstop closed in March 2018, ten years after the producer placed the product on the market. If the patient first connected hip pain to the device through MARS-MRI in February 2026, the negligence date-of-knowledge clock runs from that date and proceedings must issue by February 2028. The 1991 Act route is closed. The negligence and hospital-duty routes remain live, with a new question of whether the open disclosure record under the 2023 Act assists or moves the date.

The 1991 Act in plain English. If a product hurts you because there was something wrong with it, you can sue the company that made it without having to prove anyone was careless. You have to show three things: that the product was unsafe in a way the public would not expect (section 5), that you were injured, and that the product caused your injury. The maker can defend by showing the product was state-of-the-art at the time (section 6). You have three years from the date you find out about the harm, and ten years from the date the product was first sold.

The 25-year backstop from 9 December 2026

The revised EU Product Liability Directive was adopted on 23 October 2024 and must be transposed by 9 December 2026. Article 17 extends the long-stop to 25 years where symptoms appear late. The 25-year window applies only to implants placed on the market on or after that date, so it protects a future cohort. See also the standard 2-year medical negligence time limit.

How does this compare to other jurisdictions? England and Wales apply a 3-year personal-injury limitation under the Limitation Act 1980, with a 10-year longstop under the Consumer Protection Act 1987. The United States runs state-by-state, with statutes of repose typically between 6 and 12 years from sale. Ireland's 25-year backstop after 9 December 2026 will be among the longest available within the EU for personal-injury product-liability claims.

Should I sue the surgeon or the manufacturer?

Key takeawayFour parallel routes can be combined: 1991 Act (manufacturer), negligence (surgeon), hospital duty of care, and informed consent. The choice is driven by what caused the harm. Many cases run two or more routes against different defendants.

The answer turns on what caused the harm. We call this the Cause-of-Action Triage. Surgical-technique cases run in negligence. Design or manufacturing-defect cases run in strict liability against the producer under the 1991 Act. System failures run against the hospital. Failure-to-warn cases run as informed-consent claims. Many implant cases sue more than one defendant.

The 1991 Act route avoids the fault standard but is capped by the longstop. The negligence route extends the window via date-of-knowledge but adds the proof burden of breach. Many claimants run both, treating each as a hedge against the other.

Comparison of the four causes of action
RouteDefendantProof burdenTime limitMain defence
Strict liability (1991 Act)Producer / importerDefect + damage + causation, with no fault3 yrs from knowledge, 10-yr longstopSection 6 development-risk defence
NegligenceSurgeon or treating clinicianDunne standard breach + causation2 yrs from date of knowledgeActed in line with a responsible body of practitioners
Hospital duty of careHospital (public or private)Organisational failure + causation2 yrs from date of knowledgeSystem was reasonable, failure individual
Informed consentSurgeon or hospitalMaterial risk not disclosed, plus counterfactual2 yrs from date of knowledgeRisk was disclosed or immaterial in context
Decision tree for the four routes a hip or knee implant claim can take in Ireland What caused the harm? Cause-of-Action Triage The device itself defective design / manufacture How it was used surgical technique The system around it hospital duty / records / recall What you were told consent / risk disclosure Route 1 strict liability (1991 Act) Route 2 negligence (Dunne) Route 3 hospital duty of care Route 4 informed consent Many cases combine two or more routes against different defendants
Four parallel routes a hip or knee implant claim can take in Ireland, with the question that selects each. Routes can run in parallel against different defendants.

Cause-of-Action Triage Wizard

Five quick questions to identify which of the four routes may apply to your case. Educational only.

Question 1 of 5
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This wizard is informational. It does not give legal advice. Routes are not mutually exclusive and many cases run more than one. For advice on your situation, consult a solicitor.

Route 1: strict liability under the 1991 Act

The 1991 Act implements the original European Product Liability Directive in Ireland. A claimant must show the product was defective (section 5), that damage was suffered, and that the defect caused the damage. There is no need to show fault. The producer can defend on the limited section 6 grounds, including that the defect did not exist when the product was put into circulation, or that the state of scientific knowledge at the time could not have detected it. The route fits when harm flows from the device itself, such as a recalled DePuy ASR head or an Exactech polyethylene insert with oxidative degradation.

Route 2: negligence (surgeon or treating clinician)

The negligence route applies when harm arises from how a competent device was used. Mis-positioning of an acetabular cup, intra-operative damage to soft tissue, post-operative infection from a breach of standard of care, or failure to act on early post-revision symptoms are all classic negligence matrices. The standard remains the Dunne v National Maternity Hospital test. For technique-driven complaints, see orthopaedic negligence and surgical errors during your hip or knee surgery.

Route 3: hospital duty of care

The hospital owes a non-delegable organisational duty that runs in parallel with the surgeon's personal duty. Failures in implant logbook keeping, batch traceability, recall response, post-revision follow-up, and theatre infection control all sit on the hospital ledger. This route is particularly important where an implant was placed before INOR began in 2014, because the absence of register data shifts the evidential burden onto local hospital records. See private hospital negligence and hospital negligence.

Route 4: informed consent

Informed consent is a separate cause of action, not a sub-set of negligence. It applies where a patient was not adequately warned about material risks, including a known recall or known elevated revision rate. Irish law requires disclosure of material risks the patient would attach significance to, following the post-Montgomery trajectory. Common informed-consent failures involve omitted disclosure of higher revision rates for metal-on-metal designs or missing recall communications.

What if the surgeon has retired or moved abroad? The claim continues against the hospital under its non-delegable organisational duty, against the surgeon's professional indemnity insurer (typically the Medical Protection Society or Medisec) at the surgeon's last-known address, and against the manufacturer if a 1991 Act route is also live. A retired or emigrated surgeon does not extinguish the action.

What each defendant will argue.

The producer: that the device was state-of-the-art when placed on the market (section 6 development-risk defence). That the defect did not exist when the product was put into circulation. That the patient's own conduct broke the chain of causation.

The surgeon: that the technique met the Dunne v National Maternity Hospital standard of a responsible body of practitioners.

The hospital: that the system was reasonable and any failure was an individual practitioner's, not the hospital's. Knowing the defences in advance shapes how evidence is gathered.

Which route fits your situation?

If your implant was placed before 2010, the 1991 Act longstop has closed. The case has to run in negligence using the date-of-knowledge rule.

If your implant was placed after 2014, both routes can run together: the 1991 Act against the producer for any design defect, and negligence against the clinician where surgical technique is also in issue.

The next step is to gather the evidence that supports whichever route or routes apply.

Which hip and knee implants have been recalled or withdrawn?

The implants that show up most often in Irish hip and knee implant claims are DePuy ASR (recalled 26 August 2010), DePuy Pinnacle metal liner (withdrawn 2013), Stryker Rejuvenate and ABG II (recalled 6 July 2012), Smith & Nephew R3 metal liner (recalled June 2012), Smith & Nephew BHR (withdrawn September 2015), Zimmer Durom Cup, Wright Conserve/Profemur, and the Exactech recall cluster (2021–2024). The Health Products Regulatory Authority (HPRA) publishes Field Safety Notices for each device sold in Ireland.[8] The European Commission's Eudamed database hosts the EU-wide register. The UK MHRA medical device alerts register and the United States FDA Medical Device Recalls database both record the same device families that have shipped into Ireland. Patients should check all four registers for notices that match their implant model and lot number.

Hip and knee implant recalls relevant to Irish claims, with year of regulator action
DeviceActionYear
DePuy ASR XL Acetabular and ResurfacingWorldwide recall26 August 2010
DePuy Pinnacle metal-on-metal linerWithdrawn (no formal recall)2013
Stryker Rejuvenate and ABG II modular-neck stemsVoluntary recall2012
Smith & Nephew R3 Acetabular metal linerVoluntary recall (metal liner only)June 2012
Smith & Nephew BHR (Birmingham Hip Resurfacing)Withdrawn from US marketSeptember 2015
Zimmer Durom CupSales suspended, instructions corrected2008
Wright Conserve / ProfemurComponent failuresvarious
Exactech Optetrak / Logic / Truliant / Vantage / Connexion GXLRecall (oxidative polyethylene degradation)2021–2024
DePuy Attune kneeNo recall, litigation ongoing in several jurisdictionsn/a

Recall status is a starting point, not the whole case. Withdrawn devices, off-recall failures, and design-defect claims that pre-date a recall can all support a 1991 Act claim if the section-5 defect test is met.

What if my device is not on the recall list? A non-recalled device can still found a 1991 Act claim if the claimant proves the device was defective within the section-5 test, which looks at the safety the public is entitled to expect. From here, the focus shifts to the medical signs that something has gone wrong.

Signs your hip or knee implant has failed

Hip implant failure signs

The most reliable hip implant failure signs are pain that worsens with weight-bearing, mechanical symptoms (clicking, squeaking, grinding), and a change in leg length. Other indicators include groin or buttock pain, swelling around the joint, instability, weakness, and foot drop. For metal-on-metal implants, blood cobalt and chromium ion levels above seven parts per billion are the typical referral threshold under HPRA and UK MHRA guidance.

Knee implant failure signs

The most common knee implant failure signs are persistent pain on weight-bearing, instability, and reduced range of motion. Patients also report swelling, grinding sensations, and stiffness that does not resolve with physiotherapy. Aseptic loosening and polyethylene wear are the leading mechanical causes of revision. For Exactech recall patients, ultra-high molecular-weight polyethylene insert oxidation is the documented mechanism.

Asymptomatic but biochemically positive (metallosis)

You can have a viable claim without obvious symptoms if blood ion testing or imaging shows metallosis or pseudotumour formation. Metallosis is the tissue damage caused by cobalt and chromium ions released as a metal-on-metal implant wears. The threshold for pre-revision claim viability is whether the medical evidence shows that damage has occurred and is attributable to the device.

Take action this week if any of these apply.

  • Your hip or knee implant is on a current HPRA Field Safety Notice and you have not had a follow-up review.
  • You have new or worsening pain on weight-bearing more than 12 months after the original implant, with no other obvious cause.
  • Blood metal-ion testing has shown cobalt or chromium above 7 parts per billion.
  • MARS-MRI has shown a pseudotumour, ALVAL, or extensive soft-tissue involvement.
  • Revision surgery has been scheduled and the explant has not been requested for retention.
  • You are approaching the 2-year mark from when you first connected the symptoms to the device.

What evidence do you need for an implant claim?

An implant claim turns on three evidential pillars: identifying the device, documenting the harm, and (where revision has happened) preserving the explanted device itself. Each pillar maps onto a different source.

Records, INOR and the pre-2014 traceability gap

The first task is to identify the implant make, model, size, and lot or serial number. For implants placed from 2014 onwards, the Irish National Orthopaedic Register (INOR) at the National Office of Clinical Audit holds national-level data.[9] Unlike in England and Wales, where the National Joint Registry (NJR) has tracked replacements since 2003, Ireland's INOR only began collecting data in 2014. That leaves a substantial pre-INOR cohort, including most of the 3,300 to 3,500 Irish DePuy ASR recipients implanted 2003-2010, where patient-led record retrieval is the only route. We can request your full hospital and INOR records as part of implant identification records.

Imaging and blood metal-ion testing

The second pillar is medical evidence of harm. For metal-on-metal hips, blood cobalt and chromium ion testing combined with metal artifact reduction sequence (MARS) MRI is the standard pre-revision workup. Plain X-rays are limited because metal-ion-driven soft-tissue damage does not show on radiographs. For knee implants and modular-neck hip stems, CT imaging and the relevant blood markers are standard. We instruct expert orthopaedic and biomedical engineering reports to translate the imaging into a causation opinion.

Which experts will the case need?

Most implant cases need three expert layers working together. An orthopaedic surgeon addresses standard of care, revision causation, and prognosis. A biomedical engineer addresses device design, materials science, and explant wear analysis. An occupational therapist or vocational rehabilitation expert quantifies functional loss, future care needs, and aids and appliances. Some cases also need a forensic actuary to capitalise future losses using the Ireland-specific discount rate. Expert availability and instruction lead time often dictate when a summons can issue, which interacts with the Two-Clock Framework above.

Preserving the explanted device

Tip: before revision surgery, write to the consultant and pathology department asking that the explanted device be retained for retrieval analysis. Some hospitals dispose of explants by default within a defined window. The retrieved device is critical real evidence in any 1991 Act claim, since manufacturer experts will examine it for wear pattern, corrosion, and design defect. A short letter on file before theatre is usually sufficient.

Does the Injuries Resolution Board handle implant claims?

Key takeawayNo, in most cases. Medical-negligence claims are excluded from the Injuries Resolution Board by section 3(d) of the Personal Injuries Assessment Board Act 2003. Pure product-liability and hybrid claims also bypass the IRB and go directly to the High Court.

No, in most cases. Medical negligence claims are excluded from the Injuries Resolution Board (IRB) by section 3(d) of the Personal Injuries Assessment Board Act 2003[3]. Pure product-liability claims under the 1991 Act usually go directly to the High Court because the expert evidence and quantum involved exceeds the IRB's assessment-only model. Hybrid claims that combine medical negligence with product liability also bypass the IRB. The IRB, formerly known as the Personal Injuries Assessment Board (PIAB) until 2023, retains jurisdiction over road-traffic, employer-liability, and most public-liability claims, but not the clinical-and-engineering matrix an implant case involves. From here, the question becomes how the High Court values the case if liability is established.

How much compensation can you claim?

Key takeawayCompensation in Ireland has two components: general damages under the Personal Injuries Guidelines 2021 (Chapter 7C for hips, range €500 to €165,000, and Chapter 7N for knees) and special damages for measurable financial loss. Awards over €60,000 proceed in the High Court.

Compensation in an Irish hip or knee implant claim has two components: general damages for pain, suffering and loss of amenity, and special damages for measurable financial loss. General damages are guided by the Personal Injuries Guidelines (2021) issued by the Judicial Council, which replaced the Book of Quantum in 2021. Awards vary case by case according to severity, prognosis, and impact on daily life.

General damages under the Personal Injuries Guidelines 2021

The Guidelines, which replaced the Book of Quantum in 2021, set bracket ranges for hip and knee injuries. Severe and permanently disabling hip injuries fall in a higher bracket. Moderate and partially recovered injuries fall in a middle bracket. Minor soft-tissue cases sit in a lower bracket. For implant cases, the relevant brackets typically include the more serious orthopaedic categories because revision surgery is itself a significant injury. In Dineen v DePuy, Mr Justice Cross awarded a total of €321,000 in respect of a recalled DePuy ASR XL hip, although the breakdown between general and special damages depended on the specific facts.

The pelvis-and-hip bracket sits in Chapter 7C of the Personal Injuries Guidelines 2021[6], with general-damages ranges from approximately €500 for minor soft-tissue cases with full recovery within six months up to €165,000 for severe pelvis-and-hip cases with permanent disability. The Guidelines note that cases involving hip replacement where recovery has not been wholly successful tend to the top of the relevant bracket. Knee injuries sit in Chapter 7N. Awards above the High Court threshold (currently €60,000) proceed in the High Court rather than the Circuit Court.

Personal Injuries Guidelines 2021 Chapter 7C pelvis-and-hip general-damages bracket range, €500 to €165,000, by severity tier, with the High Court jurisdictional threshold marked PIG 2021 Chapter 7C: Pelvis & Hip general-damages range Minor ~€500 to €15,000 Moderate ~€15,000 to €55,000 Serious ~€55,000 to €110,000 Severe (incl. revision) ~€110,000 to €165,000 High Court threshold €60,000 €500 €165,000 Knee injuries follow the same approach in Chapter 7N. Severity bands are illustrative groupings. The Guidelines set the binding figures.
Personal Injuries Guidelines 2021 Chapter 7C pelvis-and-hip range with the four severity tiers and the High Court / Circuit Court €60,000 jurisdictional threshold. Implant cases involving revision surgery typically engage the upper tiers.

Special damages

Special damages cover the financial loss caused by the implant failure. Standard heads in an implant case include past and future medical costs (including the revision surgery itself, where private), past and future loss of earnings, future care and assistance, aids and appliances, and travel and accommodation. Future losses are capitalised using the Ireland-specific actuarial discount rate at the time of trial. How does this compare to the old Book of Quantum? The 2021 Guidelines replaced the Book of Quantum and changed bracket ranges across most categories, so awards from before 2021 are not a reliable benchmark. For an overview of how heads of loss work together, see general and special damages.

What do recent Irish cases tell us?

Three Irish cases set the current implant-claim direction: O'Sullivan v DePuy International Ltd [2016] IEHC 684 (Cross J.), Dineen v DePuy International Ltd (Cross J., €321,000 award) on the section-5 defect test, and Galvin v Sharif & DePuy International Ltd [2025] IEHC 680 (Ferriter J.) on procedural urgency. Each addresses a different element of the claim.

O'Sullivan v DePuy [2016] IEHC 684 (Cross J.)[12]

The first Irish DePuy judgment was delivered by Mr Justice Kevin Cross on 29 November 2016. The plaintiff, Gillian O'Sullivan, brought a defective-product claim arising from a DePuy ASR/XL metal-on-metal hip and four hip replacement surgeries. The case is the procedural template for subsequent ASR trials in Ireland and a frequently-cited Irish authority on the section 5 defect test.

Dineen v DePuy: €321,000 award and "defective product" finding

In Dineen v DePuy International Ltd, Mr Justice Cross awarded a total of €321,000 to the plaintiff in respect of a DePuy ASR XL hip implanted at Bon Secours Hospital, Tralee, Co. Kerry on 6 February 2009. The court applied the section 5 defect test under the Liability for Defective Products Act 1991 and found that the ASR/XL caused her injuries. Damages broke down as €120,000 general damages (€85,000 to date plus €35,000 into the future) and €201,000 special damages (orthopaedic review, past and future care, aids and appliances). A claim for aggravated damages was rejected.

The DePuy ASR was a "defective product" within the meaning of the 1991 Act, and its "unacceptable" failure rates caused the plaintiff to undergo two revision surgeries.

Paraphrased finding from Dineen v DePuy (Cross J., High Court of Ireland)

Galvin v Sharif & DePuy [2025] IEHC 680: the urgency lesson[10]

Warning: the High Court has set aside a renewal order in a DePuy hip case for unjustified delay. In Galvin v Sharif & DePuy International Ltd [2025] IEHC 680, Mr Justice Cian Ferriter set aside a renewal order that had been granted ex parte in April 2024, finding that the plaintiff could not show special circumstances covering the whole of the relevant extension period. The plaintiff had a 2005 hip surgery with a recalled DePuy ASR XL implant, but a 2015 personal-injury summons was never served within the 12-month period under the Rules of the Superior Courts and remained unserved for over three and a half years after the lapse was discovered in June 2020. Claimants who think they have time should not assume procedural slippage will be forgiven.

"Special circumstances must cover the whole or at least substantially the whole of the extension period and ... the periods of special circumstance justifying the plaintiff's inaction must overlap at least to some extent."

Paraphrased ratio from Galvin v Sharif & DePuy International Ltd [2025] IEHC 680 (Ferriter J., High Court of Ireland)

For a wider view, see our coverage of recent Irish hip implant cases.

What does the Patient Safety Act 2023 mean for me?

Key takeawayFrom 26 September 2024, healthcare providers must disclose specified serious patient-safety incidents to the patient or family. An open-disclosure record can anchor date-of-knowledge for limitation purposes.

From 26 September 2024, healthcare providers in Ireland must disclose specified serious patient-safety incidents to the patient or family under the Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023[4]. The Act commenced under S.I. No. 482/2024, with implementing regulations in S.I. No. 501/2024, and replaced the voluntary regime in part 4 of the Civil Liability (Amendment) Act 2017. For implant patients, an open disclosure record can anchor date-of-knowledge. The Act preserves the rule that an open-disclosure statement is not an admission of liability, although the disclosure may contain factual matter that is admissible.

What changes on 9 December 2026?

Key takeawayThe new EU Product Liability Directive 2024/2853 must be transposed by 9 December 2026. For implants placed on the market on or after that date, the latent-injury backstop extends to 25 years, software is brought clearly within scope, and producer disclosure obligations strengthen.

The new EU Product Liability Directive 2024/2853 must be transposed into Irish law by 9 December 2026.[5] For implants placed on the market on or after that date, three things change. The latent-injury backstop extends from 10 years to 25 years for personal-injury claims (Article 17). Medical software, AI-driven decision support, and digital products are brought clearly within scope alongside hardware. Producer disclosure obligations strengthen, with a court-supervised duty to provide evidence about the design and risk profile of a product where the claimant has presented plausible facts. The new Directive does not retrospectively reopen claims that are already time-barred. It will, however, change the limitation calculus for the next generation of Irish implant patients.

Will I have to pay if I lose?

Most Irish solicitors handle hip and knee implant claims on a no-foal-no-fee basis, where the solicitor's professional fees are not payable if the case is unsuccessful. Outlays are different and can be payable even if the case fails. Outlays include expert reports, barristers' fees, court issue and stamp fees, and discovery costs. Adverse costs can be ordered against an unsuccessful plaintiff if the case has been pursued unreasonably or in breach of court directions. The fee structure should be set out in writing in the section 150 letter at the start of the case under section 150 of the Solicitors (Amendment) Act 1994. See no-win-no-fee for medical negligence and no-win-no-fee generally.

What to do this week

If you suspect that a hip or knee implant has caused you harm, five practical steps usually move the case forward fastest: identify the device, request your records, get the relevant imaging and biochemistry, preserve the explanted device if revision is planned, and take legal advice on the route and the clock.

  1. Identify the device. Ask your hospital for the implant logbook entry showing make, model, size, and lot or serial number. Without this, no manufacturer claim can begin.
  2. Request your records. Make a written request for your full hospital chart, theatre notes, and any INOR record. We can do this for you.
  3. Get the relevant imaging and biochemistry. A MARS-MRI for metal-on-metal hips, or appropriate cross-sectional imaging plus blood ion testing where indicated.
  4. Preserve the explant if revision is planned. Write to the consultant and pathology department before theatre asking that the device be retained.
  5. Take legal advice on the route and the clock. The decision between negligence and the 1991 Act, and the date the relevant clock started, both turn on case-specific facts. See what to do this week.

Common mistakes claimants make

Six recurring errors quietly close otherwise viable hip and knee implant claims.

  1. Assuming the 2-year limit applies to the manufacturer route. The negligence clock is two years. The 1991 Act clock is three years from knowledge. Confusing the two costs cases.
  2. Letting the explant be discarded. Hospitals dispose of explanted devices by default after a defined window. Without the device, manufacturer experts cannot examine wear patterns and the strict-liability case weakens.
  3. Waiting for revision before taking advice. Pre-revision claims rest on imaging and blood ion testing. The clock can run long before any revision is scheduled.
  4. Treating the recall as the case. The section 5 "defect" test, not the regulator's recall decision, decides liability under the 1991 Act. A non-recalled device can still be defective. A recalled device still has to fail the test in the patient's own facts.
  5. Issuing summons but not serving promptly. Following Galvin v Sharif & DePuy [2025] IEHC 680 the High Court has set aside renewal orders where the delay was unjustified.
  6. Naming the wrong defendant. Surgeons, hospitals, and producers each owe distinct duties. Picking only one and letting limitation run on the others removes optionality.

Common questions our solicitors hear in implant cases

Themes that come up repeatedly when patients first call about a hip or knee implant.

I had pain for years but only just connected it to the implant. Is it too late?

Often not. The negligence date-of-knowledge clock runs from the date you knew, or could reasonably have known, that the pain was attributable to the device. A MARS-MRI or blood metal-ion test result is often the moment knowledge crystallises. Take advice promptly because the clock then runs for two years.

The hospital says it does not have my logbook entry. What now?

The hospital's record-keeping duty does not end with a missing entry. A non-delegable organisational duty applies, and a missing logbook entry is itself relevant evidence under Route 3. INOR may hold the data for implants from 2014 onwards. Earlier implants may be reconstructed from theatre notes and consent forms.

My device is not on any recall list. Can I still claim?

Yes, where the medical evidence shows a defect within the section 5 test of the 1991 Act. The test is whether the device provides the safety the public is entitled to expect. A regulator's recall decision is not a precondition.

I am living abroad now. Can I still bring an Irish claim?

Generally yes. Irish jurisdiction applies because the implant was placed in Ireland. Service on a foreign-domiciled producer follows the rules in Order 11 of the Rules of the Superior Courts and EU service rules where applicable.

References

How we researched this page. Statutory references are sourced from the Irish Statute Book (the Office of the Attorney General's official online text of Acts of the Oireachtas). EU directive references are sourced from EUR-Lex. Case-law references are sourced from the Courts Service judgments archive and from BAILII where the judgment is hosted. Personal Injuries Guidelines bracket figures are sourced from the Judicial Council of Ireland. Regulatory references are sourced from the Health Products Regulatory Authority and the European Commission's Eudamed database. The page is reviewed by the named author, refreshed on the date stated above, and updated whenever a new statutory commencement, primary judgment, or regulatory notice changes the answer.

  1. Oireachtas of Ireland. Liability for Defective Products Act 1991, No. 28 of 1991, sections 2 (producer liability), 5 (defective product), 6 (defences), and 7 (limitation). Irish Statute Book. Available at irishstatutebook.ie/eli/1991/act/28/enacted/en/html#sec5 (last accessed 5 May 2026).
  2. Oireachtas of Ireland. Statute of Limitations (Amendment) Act 1991, No. 18 of 1991, section 3 (date of knowledge for personal-injury actions). Irish Statute Book. Available at irishstatutebook.ie/eli/1991/act/18/enacted/en/html#sec3 (last accessed 5 May 2026).
  3. Oireachtas of Ireland. Personal Injuries Assessment Board Act 2003, No. 46 of 2003, section 3 (excluded actions, including medical negligence). Irish Statute Book. Available at irishstatutebook.ie/eli/2003/act/46/enacted/en/html#sec3 (last accessed 5 May 2026).
  4. Oireachtas of Ireland. Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023, No. 10 of 2023. Commenced by S.I. No. 482/2024 on 26 September 2024, with implementing regulations in S.I. No. 501/2024 made 1 October 2024. Irish Statute Book. Available at irishstatutebook.ie/eli/2023/act/10/enacted/en/html (last accessed 5 May 2026).
  5. European Parliament and Council. Directive (EU) 2024/2853 of 23 October 2024 on liability for defective products and repealing Council Directive 85/374/EEC, OJ L of 18 November 2024. Article 17 (limitation, including 25-year latent-injury backstop). Transposition deadline 9 December 2026. EUR-Lex. Available at eur-lex.europa.eu/eli/dir/2024/2853/oj (last accessed 5 May 2026).
  6. Judicial Council of Ireland. Personal Injuries Guidelines, adopted 6 March 2021 and effective from 24 April 2021. Chapter 7C (pelvis and hips, €500-€165,000) and Chapter 7N (knee). Available at judicialcouncil.ie/personal-injuries-guidelines/ (last accessed 5 May 2026).
  7. Injuries Resolution Board. Personal Injuries Resolution Board: claim assessment process (formerly the Personal Injuries Assessment Board). Available at injuries.ie (last accessed 5 May 2026).
  8. Health Products Regulatory Authority (HPRA). Field Safety Notices and medical device safety information. Available at hpra.ie/find-a-medicine/safety-notices (last accessed 5 May 2026).
  9. National Office of Clinical Audit (NOCA). Irish National Orthopaedic Register (INOR), established 2014. Available at noca.ie/audits/irish-national-orthopaedic-register (last accessed 5 May 2026).
  10. Ferriter J., High Court of Ireland. Galvin v Sharif & DePuy International Ltd [2025] IEHC 680, judgment of 10 December 2025. Renewal of personal-injury summons set aside under Order 8(2) of the Rules of the Superior Courts. Available at bailii.org/ie/cases/IEHC/2025/2025IEHC680.html (last accessed 5 May 2026).
  11. Citizens Information Board. Medical negligence in Ireland (consumer guidance). Available at citizensinformation.ie/en/justice/civil-law/medical-negligence (last accessed 5 May 2026).
  12. Cross J., High Court of Ireland. O'Sullivan v DePuy International Ltd [2016] IEHC 684, judgment of 29 November 2016. First Irish DePuy ASR substantive judgment. Available at courts.ie/judgments (last accessed 5 May 2026).
  13. Health Service Executive (HSE). National Open Disclosure Policy 2025: Communicating with patients and relevant persons following patient safety or notifiable incidents. Available at hse.ie/eng/about/qavd/incident-management/open-disclosure (last accessed 5 May 2026).
How to cite this page. If you would like to cite or share this page, you can use the following format: Matthews, Gary. "Hip and Knee Implant Claims in Ireland: Two Parallel Routes, Time Limits, and the 25-Year Backstop." Gary Matthews Solicitors, Dublin, last reviewed 5 May 2026. www.personalinjurysolicitorsdublin.info/product-liability/hip-knee-implant-claims.

Glossary of terms used on this page

Metallosis
The deposition of metal debris and tissue damage caused by cobalt and chromium ions released as a metal-on-metal hip implant wears.
MARS-MRI
Metal artifact reduction sequence magnetic resonance imaging. The standard imaging modality for assessing soft-tissue damage around metal-on-metal hip implants.
Pseudotumour
A non-cancerous mass of inflammatory tissue that can form around a failing metal-on-metal hip implant, visible on MARS-MRI.
ALVAL
Aseptic lymphocyte-dominated vasculitis-associated lesion. A histological pattern indicating an immune reaction to metal wear debris.
Aseptic loosening
Separation of the implant from the bone in the absence of infection. A leading mechanical cause of revision in hip and knee arthroplasty.
Polyethylene wear
Erosion of the polyethylene component of a knee or hip prosthesis, releasing particulate debris that can drive osteolysis (bone loss).
Revision arthroplasty
Surgery to remove and replace a previously implanted joint prosthesis. Often more complex than the primary implant.
Explant
The implant component or components removed at revision surgery. Critical real evidence in product-liability cases.
Longstop
An absolute time limit measured from a fixed starting event (here, the date the producer placed the product on the market). Unlike the date-of-knowledge limit, a longstop is not extended by late-emerging injury.
Date of knowledge
The date on which a claimant knew (or could reasonably have known) of the injury, its significance, and its connection to an act or omission. The starting point for the 2-year negligence clock.
IRB (Injuries Resolution Board)
Statutory body that assesses personal-injury claims, formerly known as the Personal Injuries Assessment Board (PIAB) until 2023. Medical negligence is excluded from its remit.
INOR (Irish National Orthopaedic Register)
National implant register hosted at the National Office of Clinical Audit. Began collecting data in 2014. The Irish counterpart of the UK National Joint Registry.
HPRA
Health Products Regulatory Authority. The Irish medical-device regulator. Publishes Field Safety Notices for devices sold in Ireland.
Field Safety Notice (FSN)
A regulator-published notice informing healthcare providers and patients of a safety issue with a specific device, sometimes accompanying a recall.
Eudamed
The European Commission's database for medical devices and related regulatory information across the EU.
Product Liability Directive (PLD)
The EU directive on liability for defective products. The 1985 Directive is implemented in Ireland by the Liability for Defective Products Act 1991. The 2024 Directive (Directive (EU) 2024/2853) replaces it from 9 December 2026.

Common questions

How long do you have to claim for a defective hip implant in Ireland?

Two years from the date of knowledge for the negligence route. Three years from knowledge with a 10-year longstop for the 1991 Act route. A 25-year backstop applies to new implants under EU PLD 2024/2853 from 9 December 2026.

Can I still claim if my hip implant was recalled but I have not had revision?

Often yes. Pre-revision claims rest on imaging (MARS-MRI for metal-on-metal hips), blood metal-ion testing, or a pseudotumour finding. The threshold is medical evidence of harm, not the fact of revision.

How much compensation can I get for a failed knee replacement?

General damages depend on the bracket in the Personal Injuries Guidelines 2021 that fits your severity and prognosis. Special damages cover revision surgery, lost earnings, future care, and aids and appliances. Awards vary case by case.

Should I sue the surgeon or the manufacturer?

Surgical-technique cases run in negligence against the surgeon or hospital. Design or manufacturing-defect cases run in strict liability against the manufacturer under the 1991 Act. Many cases sue both.

Do I need the explanted device for a claim?

Not strictly, but having it helps. Manufacturer experts inspect explants for wear, corrosion, and design defects. Some hospitals dispose of explants by default, so a written preservation request before revision is the safest course.

Is metallosis grounds for a claim?

Metallosis can ground a claim where medical evidence shows that cobalt and chromium ion release has caused tissue damage attributable to the device. The threshold is medical, not symptomatic.

Does the Injuries Resolution Board handle implant claims?

Usually no. Medical negligence is excluded from the IRB by section 3(d) of the PIAB Act 2003. Pure 1991 Act claims usually start in the High Court. Hybrid claims also bypass the IRB.

What if my implant was put in before 2014?

Pre-2014 implants are not in the INOR register because INOR only began in 2014. Records must come from the original hospital. Most of the 3,300 to 3,500 Irish DePuy ASR recipients sit in this pre-INOR cohort.

What is the EU Product Liability Directive 2024/2853?

The revised EU PLD adopted in October 2024. It replaces the 1985 Directive that the 1991 Act implements. Member States including Ireland must transpose it by 9 December 2026, after which the latent-injury backstop extends to 25 years for new implants.

Can I bring a claim if the patient has died?

Yes. The estate or a dependant can bring a claim under the Civil Liability Act 1961. Take advice promptly because survival-of-action and dependency-claim limitation periods can interact in complex ways.

Disclaimer: This page is for educational purposes only and does not constitute legal advice. Every case is different and outcomes vary. Gary Matthews Solicitors is regulated by the Law Society of Ireland (Practising Certificate No. S8178). Consult a qualified solicitor for advice specific to your situation.

About the author

Gary Matthews is the Principal Solicitor at Gary Matthews Solicitors, a Dublin-based firm specialising in personal injury, medical negligence, and product-liability claims. Gary holds a current Practising Certificate from the Law Society of Ireland (PC No. S8178) and is admitted to practice in Ireland. The firm acts in product-liability and medical-negligence matters across the High Court, including hip and knee implant cases under the Liability for Defective Products Act 1991 and the Statute of Limitations 1957/1991.

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