Arkansas Injuries

FAQ Glossary Guides
ES EN

Can I wait for a hip implant recall settlement in Arkansas?

No - that's one of the costliest myths. A recall does not mean you should sit tight and wait for a check. In Arkansas, waiting can burn up your deadline.

What changed recently is that more hip, knee, and other medical-device recall notices have been expanded or updated through FDA safety communications, which makes people think a recall automatically creates a payout. It does not. A recall is a safety action, not a settlement program.

In Arkansas, most injury and product-liability claims have a 3-year deadline. That usually comes from Arkansas Code § 16-56-105 and the state's product-liability law. If a defective hip implant injured you, the clock usually does not stop just because the manufacturer is "reviewing claims" or sending letters.

The correct answer is this: you may have a claim, but you usually cannot safely wait for a recall process to play out.

A few Arkansas realities matter:

  • A recall is not proof of payment.
  • A revision surgery is not required in every case, but your medical records matter.
  • Insurance denials do not kill the claim.
  • Arkansas follows modified comparative fault: if you are 50% or more at fault, recovery can be barred. That usually matters less in device cases, but defendants still try to shift blame to age, weight, old injuries, or other conditions.

If you're in Little Rock, Fayetteville, or Fort Smith and your surgeon says the implant is loose, failing, or shedding metal, get and keep the records: implant stickers, operative reports, recall notices, imaging, and billing records. Those details often matter more than the word "recall."

And one more myth to throw in the ditch: you do not have to register a recall online to preserve an Arkansas injury claim. What preserves the claim is acting before the 3-year deadline runs.

by Bobby Clanton on 2026-03-22

The information above is educational and does not create an attorney-client relationship. Every injury case turns on its own facts. If you're dealing with this right now, get a professional opinion.

Find out what your case is worth →
← All FAQs Home