Lawyers are now helping patients who’ve experienced problems with their DePuy Attune knee replacement file a lawsuit against the manufacturer.
The Attune knee implant has been used in more than 400,000 procedures since the FDA approved it in 2010, making it one of the most popular systems on the market. However, reports now show it can experience early failure or de-bonding, requiring painful revision surgery years before the typical lifespan.
De-bonding occurs when the glue that holds the implant to the patient’s upper or lower leg becomes detached. In the case of the Attune knee, this is due to a defective design whereby the surface of the implant is smoother than normal, making adherence difficult.
According to the FDA’s Manufacturer and User Facility Device Experience (MAUDE) database, more than 1,400 patients have experienced failure problems with their DePuy Attune knee replacement. Of these, more than 650 required repeat surgery.
In addition, a study in the June issue of Journal of Knee Surgery relayed doctors’ specific concerns at the high rate of Attune knee failures. For example, a review found 15 cases of tibial loosening at just three area hospitals, plus 21 cases of detachment filed with the FDA in a span of just 2 months.
Most knee replacement implants are designed to last from 12 to 20 years. For a procedure requiring up to 5 days of hospital stay and as long as 1 year for full recovery, early failure and the need for repeat surgery can be devastating.
Lawyers are focusing on cases for those patients that experienced early failure, de-bonding or loosening of their knee implant. This includes anyone who has undergone early revision surgery for their implant. However, many people may have suffered these complications without even knowing it.
For example, in the June 2017 Journal of Knee Surgery report, doctors discussed 15 cases of Attune de-bonding. However, in 13 of these cases, doctors didn’t discover this was the reason their patients experienced discomfort until they performed surgery. In only 2 of the cases did the de-bonding show up on x-rays.
Although patients may not know the full extent of their problems without an x-ray or surgery, there are certain side effects they can look for that may signal a knee implant failure.
To know for sure if you’ve suffered implant de-bonding and whether you qualify for a lawsuit, you must first notify your doctor of your symptoms and try to determine the cause. It is important to then speak with a lawyer who will thoroughly review your records and file a claim.
Fortunately, it costs nothing to investigate your case or file a lawsuit unless you later receive an award.
If you’ve already undergone revision surgery for a defective implant or need it in the future, your lawyer will seek compensation for:
All together, these damages can add up to significant amounts. In the past, verdicts and settlements for knee replacement lawsuits have reached well into the six figures.
The value of your lawsuit will depend on a number of factors; therefore it’s important to discuss your case with a lawyer.
In September 2017, lawyers filed the first lawsuit on behalf of a woman who had received a defective Attune knee replacement and subsequently required new implant surgery in Alabama state court.
Soon after, a case was filed in Federal District Court for a Mississippi woman who also underwent revision surgery due to her failed implant.
Due to the similarity of these cases and the numerous ones that have been filed since, lawyers will ask that they be consolidated to a DePuy Attune knee class action or multidistrict litigation lawsuit.
This procedure, which has been used in the past for defective or recalled medical devices, allows the manufacturer to defend itself in one court, while plaintiffs can share pre-trial evidence and resources. However, unlike a traditional class action lawsuit, they can keep their cases separate. It usually results in quicker resolution of claims and higher awards for plaintiffs than had all the lawsuits been filed in separate courts.
There is no information yet on where lawyers will seek to consolidate the DePuy Attune cases.
First federal lawsuit filed in Mississippi U.S. District Court by a woman who underwent a revision surgery to replace defective Attune implant.
First lawsuit is filed on behalf of a patient who suffered failure of their Attune knee implant in Alabama Circuit Court.
DePuy Synthes response to JKS study admits the roughness factor of Attune tibial base plate may be three times higher than comparable Sigma tibial base plate.
Report in the Journal of Knee Surgery notes an unusually high risk of de-bonding or bone detachment with Attune knee implants, after review of FDA records.
DePuy/J&J announces positive results of Australian and U.K. studies showing higher success with Attune implants than other models, with only .5% of patients needing revision after one year.
The FDA issues a recall of the Attune Tibial Articulation Surface Instrument, a tool used during implantation of the Attune knee, due to risks that coils may become detached and be left in the body after surgery.
DePuy launched Attune knee implant system following six years of product research and development.
The first modern knee replacement device is developed and implanted in a patient by a team of doctors at New York’s Hospital for Special Surgery.
Lawyers expect thousands of claims for Attune de-bonding will likely be filed as more patients find out the cause of their knee implant problems.
As was the case with medical device lawsuits in the past for products like Stryker hip, Zimmer knee and DePuy hip implants, these claims will end up in specialized multidistrict courts.
In addition, these cases are fought against powerful companies like Johnson & Johnson/DePuy who resist admitting any wrongdoing or paying any damages unless forced to do so.
Because of this, it’s important to hire a lawyer with substantial experience in these types of cases. Our DePuy Attune lawyers have handled thousands of similar cases against drug and medical device companies, and will work to make sure you are properly compensated.
Your attorney will also come visit you in person and attempt to handle everything in your case remotely, so that you can focus on recovery without the hassle of an ongoing lawsuit. Best of all, it costs you nothing to file a case unless you win.
Contact us today to speak directly with a DePuy Attune knee lawyer at no cost.
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