DePuy Attune Knee Replacement Lawsuit Filed Over Premature Failure, Resulting in Revision

A Colorado woman has filed a product liability lawsuit alleging that design defects caused her DePuy Attune knee replacement to fail prematurely, resulting in painful complications and the need for revision surgery to remove the implant.

The complaint (PDF) was filed by Regina Dibal in the U.S. District Court for the District of Colorado late last month, naming DePuy Orthopaedics and Medical Device Business Services, Inc. as defendants.

Dibala indicates that she received a DePuy Attune Knee System during a left total knee arthroplasty in April 2013. However, within only five years after the knee was implanted, Dibala began to experience severe and persistent pain, discomfort, instability and difficulty walking, the complaint indicates.

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Knee Replacement Lawsuits

Design problems with several types of knee implants have resulted in lawsuits for individuals who experienced painful complications.

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Her doctor took radiographs of the artificial knee, which revealed asceptic loosening of the implant’s tibial baseplate. As a result of the knee replacement failure, she underwent revision surgery in December 2018, at which time the implant was removed.

“The primary reason the Attune system fails is mechanical loosening,” Dibala’s lawsuit states. “The mechanical loosening is caused by a failure of the bond between the tibial baseplate at the implant cement interface.”

The DePuy Synthes Attune Knee was approved by the FDA in 2010, and has been widely used by surgeons nationwide since early 2013. Amid aggressive marketing, about 400,000 DePuy Attune knees were implanted during the first five years the device was on the market worldwide.

Although knee replacements are typically expected to last close to 20 years, and DePuy Attune implants have only been available for less than six years, a high failure rate has emerged in post-marketing adverse event reports.

By June 2017, the FDA had received about 1,400 reports involving DePuy Attune knee replacement failures, including at least 633 cases where individuals had already required revision surgery.

When the knee replacement loosens and fails, it can cause pain and wear away the bone. This can lead to restricted physical movement and severe pain, which continues until the pain becomes unbearable, or the device fails, resulting in a loss of knee function.

Over the coming years, the number of DePuy Attune knee lawsuits filed nationwide is expected to continue to grow, as lawyers review claims for individuals who have experienced problems in recent years. In addition, some experts have suggested that the DePuy Attune knee failure rate may increase dramatically over time, as the devices are in place longer.

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18 Comments

  • KellySeptember 6, 2023 at 6:07 pm

    I had a total knee replacement on my left knee in Dec. 2016 at MUSC in Charleston, I received a Depuy Attune knee system.  I also had another replacement in my right knee in June 2017 using the same Depuy Attune knee system. I am currently scheduled for a total knee revision in my left knee for Sept. 7,2023- the Depuy knee is defective and has come loose causing me a lot of pain and lack of mob[Show More]I had a total knee replacement on my left knee in Dec. 2016 at MUSC in Charleston, I received a Depuy Attune knee system.  I also had another replacement in my right knee in June 2017 using the same Depuy Attune knee system. I am currently scheduled for a total knee revision in my left knee for Sept. 7,2023- the Depuy knee is defective and has come loose causing me a lot of pain and lack of mobility. My understanding is that Depuy has been aware of this defect for years and that they are currently in litigation with several class action and other law suits. I have reached out to a few firms and no one will take on anymore cases - I do not understand why.  Obviously it’s a continued issue with anyone that has received one of these knees.  I was never informed of a problem or received any recall notices. This is not going to be an easy surgery and I will once again be off work, going through a lot of pain and suffering as well as the risks of just having the surgery itself.

  • RobertSeptember 4, 2022 at 5:11 pm

    I had my Attune knee done 3 years ago, and fully replaced 5 months ago after it completely failed. New Surgeon said it fell out when they cut me open and the top part pulled right out as well. I almost didn't graduate with my degree in machining, but I have a family that relies on me so I stuck it out. I complained of pain on a few occasions post surgery and longer than 6 months after and they alw[Show More]I had my Attune knee done 3 years ago, and fully replaced 5 months ago after it completely failed. New Surgeon said it fell out when they cut me open and the top part pulled right out as well. I almost didn't graduate with my degree in machining, but I have a family that relies on me so I stuck it out. I complained of pain on a few occasions post surgery and longer than 6 months after and they always said I'm fine, do more PT. My wife is a PTA so trust me when I say I did every exercise, and did them damn well.

  • RichardAugust 19, 2022 at 12:43 pm

    I received a Attune Knee replacement about 5 years ago and it has never been right. Pain, instability, clicking, muscle tightening is always needed.

  • rickAugust 15, 2022 at 4:31 pm

    I had an Attune TKR in 11/15 within a few years was feeling discomfort in the tibia. In 2021 the pain was increasing significantly after feeling the knee wobbling feeling it could buckle at any time I called my orthopedic surgeon. He explained that the bottom plate came loose and was sinking down into the tibia. He scheduled me an appointment with another knee specialist who handles revision surg[Show More]I had an Attune TKR in 11/15 within a few years was feeling discomfort in the tibia. In 2021 the pain was increasing significantly after feeling the knee wobbling feeling it could buckle at any time I called my orthopedic surgeon. He explained that the bottom plate came loose and was sinking down into the tibia. He scheduled me an appointment with another knee specialist who handles revision surgery when I saw that surgeon he told me how significant damage in my knee was and that I was at high risk for a catastrophic knee injury if it got any worse I will be going in for fluid drains and checking for infections then revision surgery is scheduled for the end of this year 2022

  • NatalieJuly 23, 2022 at 3:18 pm

    Left TKR in April 2018 never really felt right. PT saw lots of tibia movement. Referred me to Dr and now need a revision! Right TKR in April 2019. Same thing. Thinking it will also need revised! Both knees Attune! This is costing a small fortune to fix these defective knees!

  • WilliamJune 20, 2022 at 12:37 am

    Had both knees replaced in 2016 and 2017 left knee has failed and had to be replaced the right knee is giving me the same problems and waiting to see if it needs replaced they are both dePuy attune knee can I get help

  • BernardMay 31, 2022 at 3:22 pm

    I had a Depuy Attune knee replacement in 2015. It failed in 2017 had to have complete revision surgery in February 2018. If there are possibly any legal issues that I can raise please inform me ASAP!!

  • LisaMay 13, 2022 at 5:31 pm

    I had total knee replacement on my left knee back in April 2017, with the Depuy Attune. Off and on, I’ve had the locking, pain, swelling, etc (pretty much things that have stopped me from doing things I would normally do). After my doctor’s visit, earlier this year, because of the problems I’m having, my doctor ordered an MRI, followed up by a bone scan and bloodwork. The bloodwork showed no infe[Show More]I had total knee replacement on my left knee back in April 2017, with the Depuy Attune. Off and on, I’ve had the locking, pain, swelling, etc (pretty much things that have stopped me from doing things I would normally do). After my doctor’s visit, earlier this year, because of the problems I’m having, my doctor ordered an MRI, followed up by a bone scan and bloodwork. The bloodwork showed no infection, but the other tests showed loose particles. So now I will have to go thru replacement all over again. I have searched and searched for an attorney who will take my case but everyone of them have rejected my case. How is this not an ongoing lawsuit? For each one of us who have experienced problems with this defective replacement part, we should be able to file suit to hold them responsible. Can anyone recommend an attorney who will actually take my case and fight this for me?

  • RobertMay 4, 2022 at 6:43 pm

    I've had total knee replacement in 2017 depuy attune! Then I had a lower revision on same knee in 2019! Then I had a upper revision on upper knee , same knee in 2021, all have failed, I walk with a cane now, constant pain, can't work anymore, because of barely being able to walk, can't mow grass, can't do anything anymore, I feel I suffered pain and mental anguish from these surgeries. I don't[Show More]I've had total knee replacement in 2017 depuy attune! Then I had a lower revision on same knee in 2019! Then I had a upper revision on upper knee , same knee in 2021, all have failed, I walk with a cane now, constant pain, can't work anymore, because of barely being able to walk, can't mow grass, can't do anything anymore, I feel I suffered pain and mental anguish from these surgeries. I don't know what to do anymore! Doctor doesn't even want to deal with me anymore!

  • RachelMarch 9, 2022 at 9:10 pm

    I had a Attune Depuy TKR 2015 I suffered with pain ,locking of my knee and not being able to do daily activities. I walked with a cane, couldn’t do dishes or cook do to the Severe pain. I went to the Dr.., to see what was wrong and he kept saying he couldn’t see anything on the X-rays I had a revision surgery in 2019 my Doctor put a thicker spacer in, thinking that this would solve the problem. [Show More]I had a Attune Depuy TKR 2015 I suffered with pain ,locking of my knee and not being able to do daily activities. I walked with a cane, couldn’t do dishes or cook do to the Severe pain. I went to the Dr.., to see what was wrong and he kept saying he couldn’t see anything on the X-rays I had a revision surgery in 2019 my Doctor put a thicker spacer in, thinking that this would solve the problem. The pain, locking and not being able to do anything retuned Immediately after surgery. I returned to him again and agin with the same complaints. He finally did a contrast X-ray and it showed that the tibia was loose. I had a second revision Jan10,2022 and he found the tibia was not cemented because it was to smooth. My Doctor told me that Johnson and Johnson quit making this part but didn’t recall it. He advised me to sue Johnson and Johnson. I have been walking around for 6 years with a loose tibia. Know I can’t seem to find an attorney to take the case. They all say I have a case but they aren’t taking them at this time. If anyone out there has an attorney they could share with me I would appreciate it.

  • CasandraMarch 4, 2022 at 10:43 am

    I had a Total Knee Replacement back in April of 2018. I have had nothing trouble with my Depuy Attune. I kept telling the dr.'s that something was not right. I went through therapy and an Arthroscopic Manipulation in January 2021. June 2021 I had a Triple Phase Bone Scan. That showed loosening on the Tibial and Femoral bones. I just had another Triple phase bone scan and it showed the same t[Show More]I had a Total Knee Replacement back in April of 2018. I have had nothing trouble with my Depuy Attune. I kept telling the dr.'s that something was not right. I went through therapy and an Arthroscopic Manipulation in January 2021. June 2021 I had a Triple Phase Bone Scan. That showed loosening on the Tibial and Femoral bones. I just had another Triple phase bone scan and it showed the same thing. The cement that was used, is uptaking from my bones. I didn't realize that the prosthesis was recalled until my husband and I did research. Every symptom that they list as problems, I have. I want to be able to live my life and not be in pain 24/7. I have had 5 surgeries and not really ready for another, but I need pain relief.

  • PaulJanuary 17, 2022 at 9:27 pm

    In late June 2018 I underwent a Depuy Attune TKR (Total Knee Replacement) with Zimmer HTC (High Tensile Cement). In July 2018 I began rehab and continued to have egregious pain beyond the stated 12 weeks that I would be pain free. At each follow up I reported to the RN that I was still having tremendous pain. She ignored my report at each follow up. It wasn’t even entered into the follow up notes.[Show More]In late June 2018 I underwent a Depuy Attune TKR (Total Knee Replacement) with Zimmer HTC (High Tensile Cement). In July 2018 I began rehab and continued to have egregious pain beyond the stated 12 weeks that I would be pain free. At each follow up I reported to the RN that I was still having tremendous pain. She ignored my report at each follow up. It wasn’t even entered into the follow up notes. For over 3.5 years I have had and reported severe pain in connection to this TKR. In September 2018 I had a second evaluation with another surgeon given the pain was debilitating. X-rays showed proper alignment, fluid was withdrawn from my knee to evaluate a possible infection. All tests were negative for infection. In October 2018 I had a destructive nerve ablation to address what was described and diagnosed as Complex Regional Pain Syndrome. A second ablation was ordered; however, COVID-19 interrupted that procedure. I continued to endure debilitating pain. Presently I can’t walk 152 feet to my mailbox without severe pain. Or walk on the beach with my wife or go shopping at the mall without enduring excruciating pain. After multiple X-rays and MRI’s nothing unusual was noted. In November 2021 the pain had gotten so severe that I was referred by the original surgeon to a second surgeon who ordered X-rays and a Three Phase Bone Scan. The bone scan revealed that the Tibia plate had separated from the Zimmer HTC. I have the lot numbers for the Zimmer HTC. On February 8, I will have Revision Surgery that includes additional devices down the Tibia on each side. I have requested that the procedure be recorded and was promised I would receive the Depuy Attune device that will be removed. Even while on Opioid Pain Management, the pain was uncontrolled and dramatically reduce Quality of Life. The original injury was sustained in the line of duty while on active duty USN, I have been in pain for over 25 years and likely will continue. I have three other Orthopedic injuries while on active duty. I live in pain every day. I have four Gulf War Syndromes. At this point, I can only endure and HooYaah, survive.

  • ChristinaOctober 7, 2021 at 4:17 pm

    I had my Depuy Attune Replacement in Feb 2018. I was notified today Oct 7, 2021 that it has loosened and will require a revision. I did not realize there were issues with these until I started to read up on them. This sucks!!!

  • KristineSeptember 6, 2021 at 12:18 pm

    I had left and right knee replacement with the dePuy attune knee device in 2018 and 20/19. In 20/20 both had to be replaced due to defective parts. The revision was difficult and now we are in 20/21 and the new replacements though great , results from g the removable have caused me to continue with pain from the surgery . More days each week are spent laying down rather than to be out doing thi[Show More]I had left and right knee replacement with the dePuy attune knee device in 2018 and 20/19. In 20/20 both had to be replaced due to defective parts. The revision was difficult and now we are in 20/21 and the new replacements though great , results from g the removable have caused me to continue with pain from the surgery . More days each week are spent laying down rather than to be out doing things with friends. I blame the dePuy attune device from the original surgery and the damage the dePuy attune replacement did to my legs. I am beginning to believe I will never have relief. I hope in my life time I will see some results from my attorney that suits against them have been settled and the device removed from use. It has ruined my life.

  • BryanAugust 5, 2021 at 9:34 pm

    Had the deputy attune knee replacement in 2018. It seemed good at first then stiff and painful. After some run around I was informed today that the tibia component was deboning and I’d need revision surgery. I just hate the idea of going through this again

  • DeanneJanuary 11, 2021 at 5:15 pm

    I had a Depuy Attune TKR in 7/2018 and started having pain 6 months later. Swelling, decreased range of motion, pain. After months of lab work and 2 bone scans, it was determined "Aseptic Loosening" of tibial component. I had a total knee revision 8/2020.

  • NancyOctober 29, 2020 at 8:07 pm

    My DePuy Attune knee implant done in 2017 has failed due to loosening, and I cannot maintain the active lifestyle I had with it but for only 4 years.

  • ronFebruary 24, 2020 at 5:03 pm

    ive had nothing but pain ever since my knee has been replace in Feb 2017 and now find that the lower bone were the knee is attached to is inflamed and now they say it needs to be removed and replace or it will never get better this is a surgery that i wished i would of never had done it so painful and now cant do the things i used to do

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