Our client, Gerry*, (name change for privacy reasons) had a history of arthritic left knee pain which increasingly affected his daily life. Using his private health insurance, he sought treatment to improve his mobility and quality of life with his knee.
Gerry was referred for private treatment through Spire Healthcare, where he was assessed by an orthopaedic surgeon. After undergoing injections and other non-surgical treatments, he was advised that his knee had significantly deteriorated and that a total knee replacement was required.
In January 2016, Gerry underwent a primary total knee replacement. At the time, he was not told which specific knee implant (prosthesis) would be used. Only several years later did he discover that he had received a NexGen total knee implant, manufactured by Zimmer, a US-based medical device company whose products are used worldwide.
Following surgery and recovery, Gerry initially had a good outcome. He was able to return to everyday activities, including walking and enjoying his retirement hobbies such as sailing.
However, in January 2022, he began to experience increased pain and swelling in his left knee. These symptoms persisted for around a year, which had a knock-on effect on his mobility, causing pain in his other knee due to altered walking and difficulty standing for prolonged periods. He had to give up some of his hobbies as well.
By January 2023, Gerry was referred by his GP to a different orthopaedic surgeon at another private hospital. Investigations revealed that the tibial component of his NexGen knee replacement was loosening. He was advised that revision surgery was necessary, to replace his NexGen knee.
In October 2023, Gerry underwent revision surgery. Whilst he had a good outcome from surgery, his knee is not what it once was. He continues to experience restricted movement and reduced mobility. He has been unable to return to all of his previous activities, including sailing.
What Gerry did not know at the time of his original surgery, and what many patients were also unaware of, was that Zimmer knew for a long time that concerns had emerged regarding the NexGen knee tibial components. In December 2022, Zimmer issued a voluntary recall of specific NexGen knee batches, including components manufactured as far back as 2012, due to issues of loosening of the tibial components.
The recall related to problems which could cause pain, swelling, inflammation, and difficulty walking, sometimes years after surgery. The onset of these symptoms could be quite sudden and alarming.
In the UK, Zimmer’s safety notice was updated by an alert issued by the Medicines and Healthcare products Regulatory Agency (MHRA) in February 2023. These knee implants were failing at a far higher rate than would normally be expected. In some cases, patients required revision surgery far earlier than the typical lifespan of a knee replacement, which is often expected to be 20 to 30 years.
Failed knee replacements can have devastating consequences for patients, including severe pain, bone loss, loss of confidence in walking, and a significant reduction in quality of life. Many patients have required complex revision surgery, often funded by the NHS, even where the original surgery took place privately.
Patients received these implants in a range of hospitals, including the NHS, private hospitals treating NHS patients, and private hospitals with patients who paid for their knee replacement either themselves or through medical insurance. Private providers include Spire Healthcare, Nuffield Health, and Circle Health Group (formerly BMI Healthcare).
Time limits for bringing a claim can be strict. Court proceedings should be started within three years of the date that the symptoms first became apparent. It is sometimes possible to bring claims later than that. There is the added challenge that the right to bring a claim against the manufacturer under the Consumer Protection Act 1987 (and not in negligence) is extinguished 10 years after the implant leaves the factory. Early legal advice is therefore essential.
Mark Harvey, Partner and Head of the Specialist Claims team, who is acting for patients in current High Court proceedings involving NexGen knee replacements, said:
“When you buy a kettle, toaster, or television, you expect it to work safely. The same applies to a knee replacement. We are urging anyone who has experienced pain, swelling, or problems walking after a knee replacement to contact us as soon as possible. Even if your knee has already been revised, we can help investigate whether a NexGen implant was used and advise on potential compensation for the unnecessary pain and suffering caused by a defective medical product.”
We discussed more recent developments following an in-depth review of the issue by the BBC in August 2025 and what this means for patients.
