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NLJ this week: Explanted implants—product liability’s missing evidence

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In this week's NLJ, Sarah Moore and Harry Wilkinson of Leigh Day spotlight the untapped evidentiary power of explanted medical devices in product liability claims

Despite their potential to reveal why devices fail and support litigation, 95% of explants—like prosthetic hips or breast implants—are discarded post-surgery. The NHS Implant Analysis Service, launched in 2022, remains underused due to confusion over ownership, consent, and clinician responsibilities.

Patients legally own their implants, yet many are unaware, and hospitals often return devices to manufacturers without consent—potentially handing key evidence to the defence.

Moore and Wilkinson argue that explants are the ‘black box’ of medical litigation, offering insights into design flaws and patient harm. They call for greater awareness among patients, clinicians, and lawyers to preserve these devices. With rising revision surgeries and NHS costs, unlocking the value of explants could transform patient safety, product design, and legal accountability.

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

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