Depuy Attune Knee Lawsuit – Settlements, Recalls & 2018 Updates
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The Attune Knee lawsuit claims the medical device is defectively designed so that its surgical glue will not properly hold the device to a patient’s tibia bone. This causes early failure, immense pain, and loss of mobility.

Our law firm is accepting clients who received an Attune Knee replacement system and suffered injuries, such as loss of mobility, severe pain, infections, or revision surgery.

We have been handling lawsuits against medical device manufacturers since 1955. Each year we teach 1,500 attorneys how to successfully handle these cases. We are listed in Best Lawyers in America and The National Trial Lawyers Hall of Fame.

 

Why Are Attune Knee Lawsuits Being Filed?

Attune Knee Lawsuit

Attune Knee Systems have been failing at a higher rate than expected. The failure is occurring because the medical device was designed with too smooth a surface so that medical glue has difficulty holding the Attune Knee to a patient's tibia bone. Testing shows the Attune Knee is 75% smoother than previously designed knee replacement prosthetics.

The Key Legal Issue

The Attune Knee was negligently designed with an abnormally smooth metal surface. Medical glue cannot stick to it, which prevents the knee replacement prosthetic from staying in place.

Because the glue-like substance (similar to cement) cannot adhere to the Attune Knee replacement, the medical device comes loose from the patient’s tibia bone, which results in extreme pain and limited mobility. This failure often is occurring within two years after surgery, even though the device should last at least 12 years, and often up to 20 years.

 

Signs of an Attune Knee Failure

A total knee replacement is considered a major surgical procedure. The knee is the largest and hardest-working joint in the body. The orthopedic surgeon removes the damaged knee joint and replaces it with a prosthetic joint, usually made from metal, ceramic, or plastic. The ends of the femur (thigh bone) and tibia (lower leg) must be removed and cut to shape in order to receive implants that mimic the natural shape of the joint.

In order to adhere the knee replacement to the patient's natural bone, a special type of adhesive cement is employed. The failure of this adhesion process is the primary issue behind the alarming failure rate of the DePuy Attune system.

Below are the signs a patient should look for in order to determine whether the Attune Knee replacement is failing.

Signs of an Attune Knee Failure
Blood clots Bone loss
Infection Inflammation and swelling
Instability Loosening of the joint
Loss of mobility Loss of range of motion
Nerve damage Persistent Pain
Warmth or heat in the knee
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In June 2017, a study was published in the Journal of Knee Surgery in which the researchers found that the cement-to-implant interface involving Attune Knee implants had come loose. Of the fifteen failures discovered, however, only two had been seen on x-ray images. This means that doctors could not have known of thirteen of the failures without first removing the device based on the patient's symptoms and complaints.

There are a number of reasons why the researchers found the glue was not holding. One of these is the limitations of the polyethylene plastic component in the Attune Knee, which is causing greater load-bearing stress on the interfaces. Another reason is the “roughness factor” of the components in the medical device. A relatively rough texture is necessary in order to hold the adhesive in place. In the case of the Attune Knee System, this “roughness factor” is only 60, whereas similar devices can have a roughness factor of up to 220.

Knee replacement surgery usually requires a hospital stay of 4 to 5 days, and an initial recovery period of six weeks. However, full recovery can take six months to a year. The new joint should then be good for a minimum of 12 years, and up to 85% of the devices can last for 20 years or more.

 

Compensation in an Attune Knee Lawsuit

If your Attune Knee failed, we will be seeking the following damages for you:

  1. Past and future medical expenses to treat your failed knee replacement, including treatment for revision surgery, infections, physical therapy, occupational therapy, and all other related medical expenses.
  2. Past and future pain and suffering that results from the defective Attune Knee, both from a physical and mental standpoint.
  3. Wage loss, if any.
  4. Other economic losses experienced because of the failed knee replacement, such as hiring people to perform tasks that you would have been able to perform if the Attune Knee had worked as intended.
  5. Punitive damages, if appropriate.

 
 
Why Choose Us

Our law firm started handling personal injury cases in 1955. Today, we are recognized as a national leader in lawsuits involving medical device injuries. We have received over 150 jury verdicts for $1 million or more, and have won jury verdicts and settlements in excess of $4 billion.

We are the founder of Mass Torts Made Perfect. This is a national conference attended by 1,500 lawyers each year where we teach how to successfully handle lawsuits against medical device manufacturers. For more information, please visit our About Us section.

in Business 63 years * $4 Billion in Verdicts & Settlements * Best Law Firms: U.S. News & World Reports * Trial Lawyers Hall of Fame * SuperLawyers
 
Our Fees & Costs

Our lawyers provide free confidential case evaluations, and we never charge any fees or costs unless you first recover.

The contingency fee we charge ranges from 20% to 40%. The amount we charge is based on how much we recover for you. To review a summary of our fees and costs, click Fees & Costs.

 
Free Case Evaluation

To contact us for a free case evaluation, you can call us at (800) 277-1193. You also can request an evaluation by clicking Free & Confidential Attune Knee Evaluation Form. This form will be immediately reviewed by one of our attorneys handling the Attune Knee litigation.

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Will My Attune Knee Case be Handled as a Class Action?

A class action is a lawsuit where a few individuals represent the interest of many individuals. The court rulings are binding on all persons who are a part of the class action. All class members are required to accept the settlement, even if an individual is going to receive little or no compensation.

Our Attune Knee attorneys will not be pursuing class actions for our clients. Instead, we represent each client on his/her specific facts, and we evaluate each client's damages on his/her specific facts. Each of our clients has the option of settling or not settling his/her case.

For a detailed discussion on class actions, mass torts, and multidistrict litigation, please visit our Class Action Mass Torts Page.

 

Attune Knee Lawsuit Settlement Amounts

 Attune Knee compensation

As of this time, there have been no large mass tort settlements involving the high failure rate of the Attune Knee replacements. Generally, however, large groups of settlements do not occur until such time as a few lawsuits are tried before a jury, and the manufacturer is able to more thoroughly understand its financial risk.

In 2013, DePuy did pay approximately $2.5 billion to settle 8,000 lawsuits involving its defective ASR Hip Implant.

Recently, DePuy launched a new version of the Attune Knee called the S+ which is designed with a non-smooth surface. This likely was done because DePuy recognizes that it's older design was faulty, even though DePuy defends the previous version and attacks researchers who have claimed its defective.

 

Attorney Daniel Nigh Discusses the Attune Knee Lawsuits

 
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Attune Knee Recalls

As of this time, there has not been a recall of the Attune Knee related to its higher than expected failure rate. However, when DePuy applied for FDA 510(k) pre-market approval for the Attune Knee in 2010, DePuy stated that the Attune Knee was “substantially equivalent” to Zimmer Biomet NexGen CR Knee System. This knee replacement system was recalled in January 2016 due to an abnormally high failure rate.

In 2010, DePuy recalled its ASR metal-on-metal hip implants due to unusually high failure rates. More than 9,000 individuals filed lawsuits against the company as a result of injuries sustained.

Additionally, between 2002 and 2013, DePuy Synthes recalled 277 knee implant devices and components because the devices were loosening and failing prematurely. In 2015, the company recalled its Attune Articulation Surface component because a spring coil could break off during surgery and enter the patient’s body.

 

Why Are Total Knee Replacement Surgeries Performed?

Knee arthroplasty, or replacement, is the most commonly-performed bone operation in the United States, with over 600,000 procedures being performed annually. In most cases, knee arthroplasty is indicated for age-related conditions such as arthritis, which weaken and/or destroy the cartilage surrounding the knee.

Most candidates for knee arthroplasty are age 45 or older. However, it is also indicated for patients who have suffered injuries, such as a broken bone or torn ligament, or have knee deformities (“knock knees” or bowed legs).

Knee replacement surgeries have been carried out successfully since 1968. For the majority of patients, a total knee replacement should last twenty years. According to the American Association of Hip and Knee Surgeons, knee replacements have an annual failure rate of less than 1%. Most of these are caused by other complications, such as infection. Rarely is it caused by the device itself.

 

Attune Knee Lawsuit News

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First U.S. Lawsuit Filed Against DePuy-Synthes for Attune Knee Replacement Failure

In an article published in the Journal of Knee Surgery, nine prominent orthopedic surgeons reported that they have encountered an unusually high-rate of premature failures of the Attune Knee System. The surgeons attributed the failures to the debonding of the tibial implant-cement interface. Reported in Orthopedic Design and Technology

Report: DePuy’s Attune knee seeing “unusually high” rate of early failure

“Patients presented with pain on weight bearing, effusion and decreased range of motion (ROM) within 2 years after surgery. Radiographic evaluation demonstrated loosening of the tibial components in 2 of 15 knees. This included cruciate retaining, posterior stabilized, fixed bearing and rotating platform bearing designs,” study authors wrote. “Intraoperative findings demonstrated gross loosening of the tibial component at the implant-cement interface.” Reported in Mass Device

 

FDA and Scientific Studies Regarding Attune Knees

Unusually High Rate of Early Failure of Tibial Component in ATTUNE Total Knee Arthroplasty System at Implant–Cement Interface

A novel design total knee arthroplasty (TKA) system has been introduced to improve patient outcomes and increase longevity. However, we have encountered a high rate of debonding of tibial implant–cement interface. In addition, multiple reports have been filed in Manufacturer and User Facility Device Experience database with the same mechanism of failure. Reported in The Journal of Knee Surgery – Attune Knee Failures

Failure at the Tibial Cement-Implant Interface With the Use of High-Viscosity Cement in Total Knee Arthroplasty

We propose that the early failures seen in this case series may be associated with the use of HVC cement. In the setting of a negative infectious workup and no radiographic evidence to suggest loosening, the surgeon should consider debonding of the tibial component as a potential cause for persistent pain if HVC cement was used with this prosthetic design. Reported in Journal of Arthroplasty

 
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Awards
AWARDS
  • Best Law Firms: U.S. News & World Report
  • Best Lawyers in America
  • National Trial Lawyers Hall of Fame
  • Public Justice Trial Team of the Year
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CLIENT STATEMENTS

Here are some of the notes clients have sent us:

You saved my life.
I want to express my deepest appreciation.
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I am so appreciative.

To read our client reviews, visit our Testimonial page.

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