Settlement Reached in Biomet Vanguard Knee Replacement Lawsuit

Lawsuit raised allegations that the Biomet knee replacement failed due to defective design, making it nearly impossible for a Texas woman to continue doing household tasks.

The makers of the Biomet Vanguard knee replacement system have reached a settlement agreement with a Texas woman, who recently filed a product liability lawsuit indicating that she spent months in physical therapy trying to get the implant to work properly, only to find out the device had failed and needed to be surgically replaced.

The complaint was filed by Diana Cantu in Texas state court in early June, involving allegations that the Biomet Vanguard knee replacement system was unreasonably dangerous and defective. However, the manufacturer promptly removed (PDF) the claim to the U.S. District Court for the Southern District of Texas on July 16.

Less than three weeks later, on August 8, the parties issued a notice of settlement (PDF), indicating that they expect to finalize a deal to resolve the claim in the next 60 days. After that, the parties anticipate that the lawsuit will be dismissed. However, no details about the settlement were provided in the notice.

Biomet Vanguard Knee Problems

The Biomet Vanguard system is a modular implant used in total knee arthroplasty to replace damaged bone and cartilage in the knees. The system includes a femoral component, tibial baseplate and a patella button, also known as the kneecap, which helps restore joint function and stability. 

Cantu’s lawsuit is one of several filed over Zimmer Biomet devices in recent years, involving allegations that different joint replacement systems were defectively designed and prone to failure. Earlier this year, a Biomet Phoenix Ankle Nail system lawsuit claimed the manufacturer knew of risks from its system, but failed to warn doctors or patients, exposing them to serious and avoidable health complications.

Another lawsuit filed that same month also indicated that a Zimmer Biomet Vanguard knee replacement failed inside a patient’s body years after the original recall was issued.

Earlier this month, a Louisiana woman filed a Zimmer Biomet bone cement lawsuit, claiming it can fail to properly bond. This complaint came after a 2017 Cobalt HV Bone Cement recall due to defective sterile seals.

According to Cantu, she underwent right total knee arthroplasty in January 2021, during which she was implanted with a Biomet Vanguard Cruciate Retaining (CR) total knee system.

The lawsuit indicates Cantu spent the next several months in physical therapy, but in February and April of 2021, she went to her doctor to complain of swelling, throbbing and knee pain that made it hard for her to sleep.

“She could not accomplish full range of motion and was still using a walker and a cane to move around… Diana was in constant pain, and it affected her ability to stand for any period of time so that it was near impossible to perform daily household tasks like washing dishes, doing laundry, cooking etc. She could not climb the stairs without assistance and was using a cane or walker to ambulate.”

–Diana Cantu v. Zimmer US, Inc. et al

Despite continued therapy, the problem did not improve, and Cantu complained of a lack of flexibility, mobility and an inability to fully extend her leg. In November 2022, Cantu underwent a nuclear bone scan that revealed aseptic loosening of her knee implant. On December 13, 2022, she had revision surgery, and the implant was replaced.

Cantu presented claims of strict liability, defective design and breach of express warranty. She seeks damages for physical pain, mental anguish, physical disfigurement, medical expenses and loss of earnings.

The settlement does not indicate that the manufacturer has accepted liability or wrongdoing.