Do I qualify for a medical device lawsuit?

The short version: three tests

Most device cases turn on three questions. If you can answer yes to all three, a lawyer will want to look closer.

1. Was a device involved? It was implanted in you, used on you or prescribed to you.
2. Were you injured? You had a harm that a doctor can link to the device, such as extra surgery, a fracture of the device or a serious infection.
3. Are you within the deadline? Personal-injury deadlines run from 1 year in Tennessee to 3 years in New York, among the states we checked.

Meeting these tests does not mean you have a case. Only a lawyer who reviews your medical records can assess your individual case. Lawyers also check the device’s FDA review path, the court where your case would go and whether a settlement program applies.

Eligibility by device

The table below lists the device cases this site follows. It shows the injuries people allege in court, where the litigation stands and which records help most. The injuries listed are claims made in lawsuits or FDA reports. They are not findings that every device causes them.

Device	Typical alleged injury	Active litigation (MDL counts as of Oct. 1, 2026)	Records to gather
Bard PowerPort and other implanted port catheters	Catheter fracture; serious infection	Bard MDL 3081 (D. Ariz.): 4,140 pending cases. AngioDynamics MDL 3125 (N.D. Cal.): 439 pending.	Port placement and removal reports, imaging showing fracture or migration, infection treatment records
Bard/Davol hernia mesh	Complications plaintiffs blame on the mesh, such as mesh that stuck to tissue and balled up	Bard MDL 2846 (S.D. Ohio): 23,324 pending. Most claims settled in 2024; BD still reported about 7,090 open claims at June 30, 2026.	Hernia repair operative report with mesh product name, revision surgery records
Covidien hernia mesh	Injuries from Covidien mesh; the first trial involved Symbotex mesh	Covidien MDL 3029 (D. Mass.): 2,479 pending. Medtronic counted about 10,350 plaintiffs in all courts as of June 10, 2026.	Operative report naming the mesh, follow-up surgery records
Philips CPAP/BiPAP (recalled)	Personal injuries tied to recalled machines	Philips MDL 3014 (W.D. Pa.): 623 pending. Settlement claim windows have closed.	Device serial number, recall registration, any settlement paperwork, diagnosis records
IVC filters (Cook, Bard)	Injuries vary by case	Cook MDL 2570 (S.D. Ind.): 6,470 pending. The Bard MDL closed to new cases in 2019.	Filter placement record with brand and model, imaging, retrieval attempt records
Spinal cord stimulators (Boston Scientific, Abbott, Nevro)	Inadequate pain relief and other injuries reported to the FDA	Boston Scientific MDL 3181: 41 pending. Abbott MDL 3194 and Nevro MDL 3195 created Oct. 2, 2026.	Trial stimulation and implant records, device brand and model, revision or removal surgery records
Nexplanon (birth control implant)	Complications from improper insertion or removal, including migration into blood vessels	No MDL. In March 2026, Organon signed a settlement with 56 plaintiffs and claimants. One Nexplanon matter was pending in California state court as of June 30, 2026.	Insertion and removal notes, imaging used to find the implant, surgery records

Notes on each device

Bard PowerPort

The Bard port case is moving fastest. On Sept. 4, 2026, a jury awarded $40 million in a bellwether trial. The plaintiff’s catheter had fractured. The jury found for the plaintiff on negligent design defect and failure to warn. A separate bellwether over a serious infection ended in a Bard win. Bard said it would pursue post-trial and appeal options in the $40 million case.

Hernia mesh

There are two active federal hernia mesh MDLs. BD, which owns Bard, settled “the vast majority” of its hernia cases in October 2024. The terms are confidential. The Covidien MDL had its first trial verdict on Aug. 4, 2026: $88 million on failure to warn. Most Covidien plaintiffs are in Massachusetts state court, not the federal MDL.

Philips CPAP

Philips settled most claims. The economic-loss claims period closed Aug. 9, 2024. The personal-injury registration deadline was Jan. 31, 2025. People who declined or were ineligible for the settlement must meet strict discovery rules. These include early disclosure of causation evidence. On June 26, 2026, the court dismissed the claims of plaintiffs who did not comply.

Spinal cord stimulators

In 2020, the FDA reported reviewing 107,728 medical device reports for spinal cord stimulators. They included 428 patient deaths among people implanted from 2005 to 2020. Of the reports, 28% cited inadequate pain relief. The agency told doctors to do a trial stimulation before implanting a permanent device. Most spinal cord stimulators went through FDA premarket approval, which gives makers a stronger legal defense. Plaintiffs in the Boston Scientific MDL argue the company misused that process.

Nexplanon

Nexplanon is a birth control implant. Its FDA label carries a boxed warning titled “Risk of Complications Due to Improper Insertion and Removal.” The label says an implant can migrate into blood vessels, including those in the lungs. Symptoms can include chest pain, shortness of breath, cough or coughing up blood. Surgery may be needed to remove it. Since Aug. 23, 2026, providers must be certified in a restricted program to insert Nexplanon.

Who usually does not qualify

Some situations make a case hard or impossible. A lawyer can tell you if one applies to you.

• The deadline has passed. Courts dismiss late claims. Some states start the clock when you discover the injury, but not all do.
• No injury can be linked to the device. A recall alone is not an injury.
• You already signed a release. Settlement programs ask for one. Organon’s 2026 settlement, for example, has claimants release their filed and unfiled claims.
• The claim is preempted. For some PMA devices, federal law bars certain state claims. See our deadlines and FDA rules page.

What to do next

Start with your records. Ask your surgeon’s office for the operative report. It usually names the device maker, model and lot number. Then write a short timeline: when the device went in, when symptoms began and what treatment followed.

Next, learn how these cases are grouped. Most device injury claims join an MDL, not a class action. Our MDL vs class action page explains what that means for you. To see what past cases paid, read our settlements page.

Finally, ask a lawyer which filing deadline applies in your state. Many device injury firms review cases for free. The guide homepage lists five firms that take these cases.