The Cartiva Synthetic Cartilage Implant was designed to provide relief for patients suffering from big toe arthritis, but many recipients have experienced serious complications that have significantly impacted their quality of life. From device migration and fragmentation to persistent pain and infection, these failures have prompted numerous patients to pursue Cartiva implant failure lawsuits against the manufacturer.
ClassAction 101 understands the physical, emotional, and financial toll these complications can take on patients and their families. Our legal team is committed to helping victims of defective medical devices seek justice and recover compensation for their injuries, medical expenses, and ongoing suffering. If you have experienced complications with your Cartiva implant, you may be entitled to significant compensation through legal action.
Contact ClassAction 101 today to speak with a class action lawyer who understands the complexities of medical device litigation and will fight for your rights. Your consultation is free, and your case evaluation is confidential.
What is a Cartiva Implant?
The Cartiva Synthetic Cartilage Implant, manufactured by Cartiva Inc., is a medical device designed to treat arthritis in the big toe joint, specifically hallux rigidus. This polyvinyl alcohol (PVA) hydrogel implant received FDA approval in 2016 as an alternative to joint fusion surgery for patients suffering from severe big toe arthritis. The synthetic cartilage device is intended to restore joint motion and reduce pain by replacing damaged cartilage in the first metatarsophalangeal joint.
The Cartiva toe implant works by mimicking the properties of natural cartilage, with the PVA hydrogel providing a smooth surface for joint movement while maintaining flexibility. Surgeons make a surgical incision and insert the cylindrical device into the metatarsal joint during an outpatient procedure to preserve joint mobility that would otherwise be lost through traditional fusion surgery. However, numerous patients have reported significant complications following implantation, leading to an increase in Cartiva implant failure lawsuits across the United States.
Why Are People Suing Cartiva Implant?
Patients are filing Cartiva implant failure lawsuits due to serious complications and device malfunctions that have caused significant pain, disability, and financial hardship. The following issues have prompted legal action against the manufacturer:
- Implant Migration: The device shifts from its original position within the joint, causing severe pain and requiring additional surgery to reposition or remove the Cartiva Synthetic Cartilage Implant entirely.
- Device Fragmentation: Pieces of the implant break off inside the joint, leading to inflammation, tissue damage, and the need for complex revision procedures to remove fragments.
- Complete Implant Failure: The device loses structural integrity and stops functioning as intended, often necessitating removal and alternative treatment options.
- Persistent Post-Surgical Pain: Patients experience ongoing discomfort at the implant site that continues months or years after the initial procedure, contrary to expected outcomes.
- Joint Infection: Higher-than-expected infection rates following implant surgery have led to serious complications requiring antibiotic treatment and additional surgical interventions.
- Reduced Range of Motion: Instead of preserving joint mobility, some patients experience increased stiffness and limited movement in the treated big toe joint.
- Inadequate Warnings: Patients claim they were not properly informed about the risks of implant failure, revision surgery needs, or the potential for permanent disability before consenting to the procedure.
- Premature Device Wear: The implant deteriorates more quickly than expected, resulting in early failure rates and necessitating replacement or removal surgery.
- Bone Damage: The artificial cartilage toe implant causes erosion or other damage to surrounding bone tissue, creating additional complications beyond the original arthritis condition.
- Failed Pain Relief: Many patients report that the implant did not provide the promised pain reduction, leaving them worse off than before surgery.
These complications have led many patients to seek legal counsel from a class action lawyer to pursue compensation for their medical expenses, lost wages, and ongoing suffering related to Cartiva implant failures.
Common Cartiva Implant Failures and Complications
Patients who received Cartiva implants have experienced various serious complications that have prompted many to seek legal recourse through Cartiva implant failure lawsuits. The most frequently reported issues include implant migration, where the device shifts from its original position within the joint. This displacement can cause severe pain, reduced mobility, and may require additional surgical intervention to correct or remove the implant entirely.
Implant fragmentation represents another significant concern, with pieces of the device breaking off and potentially causing inflammation, pain, and joint damage. Some patients have reported complete implant failure, where the device loses its structural integrity and no longer functions as intended. Persistent pain and swelling at the implant site have also been commonly reported, often lasting months or years after the initial surgery.
Infection rates following Cartiva implant surgery have raised additional concerns among medical professionals and patients alike. Post-surgical infections can lead to serious complications requiring antibiotic treatment, additional surgeries, or complete implant removal. Joint stiffness and reduced range of motion, contrary to the device's intended purpose, have also been documented in numerous cases, sometimes necessitating the very fusion surgery the implant was meant to avoid.
Legal Basis for Cartiva Implant Lawsuits
Cartiva implant failure lawsuits are founded on established legal principles that hold manufacturers accountable for defective medical devices. The following legal theories provide the foundation for claims against the device maker:
- Product Liability: The manufacturer is responsible for producing a safe device, and when the Cartiva implant fails or causes harm, the company can be held liable regardless of negligence.
- Design Defect: The implant's defective design is unreasonably dangerous and has a high failure rate, making it unsuitable for its intended medical purpose.
- Manufacturing Defect: Individual implants may be improperly manufactured, leading to premature failure or complications that would not occur with a properly made device.
- Failure to Warn: The manufacturer failed to adequately inform patients and surgeons about known risks, potential complications, and the likelihood of implant failure or revision surgery.
- Breach of Express Warranty: The company made specific promises about the device's performance, patient safety, and durability that proved to be false or misleading.
- Breach of Implied Warranty: The implant failed to meet reasonable expectations for safety and effectiveness that consumers have for medical devices.
- Negligent Testing: Inadequate pre-market clinical trials or post-market surveillance failed to identify significant safety issues before the device reached patients.
- Negligent Design: The manufacturer failed to use reasonable care in designing a safe and effective implant, despite available safer alternative designs.
- Strict Liability: The manufacturer can be held responsible for injuries caused by the defective implant without requiring proof of fault or negligence.
- Fraudulent Concealment: The company knowingly hid or misrepresented important safety information about the device from patients, doctors, and regulatory authorities.
A qualified class action lawyer can evaluate which legal theories apply to your specific Cartiva implant case and build the strongest possible foundation for pursuing compensation.
Financial Compensation Victims of Cartiva Implant Can Pursue
Successful Cartiva implant failure lawsuits can result in significant financial compensation to help victims recover from their injuries and losses. The following types of damages may be available to patients who have suffered complications:
- Medical Expenses: Reimbursement for all past and current medical costs related to implant complications, including revision surgeries, implant removal procedures, hospital stays, and diagnostic testing.
- Future Medical Costs: Compensation for anticipated ongoing medical treatment, including additional surgeries, physical therapy, pain management, and long-term monitoring of the affected joint.
- Lost Wages: Recovery of income lost due to time off work for surgeries, medical appointments, and recovery periods related to implant complications.
- Lost Earning Capacity: Compensation for reduced ability to earn income in the future due to permanent limitations or disabilities caused by implant failure.
- Pain and Suffering: Financial recovery for physical discomfort, emotional distress, and reduced quality of life experienced as a result of implant complications.
- Rehabilitation Costs: Reimbursement for physical therapy, occupational therapy, and other rehabilitation services needed to regain function after implant failure.
- Travel Expenses: Coverage for transportation costs to medical appointments, surgeries, and treatment facilities related to implant complications.
- Home Care Assistance: Compensation for in-home nursing care or assistance with daily activities during recovery from revision surgeries.
- Assistive Devices: Reimbursement for medical equipment, mobility aids, or adaptive devices needed due to implant-related disabilities.
- Prescription Medications: Coverage for ongoing pain medications, antibiotics, and other prescriptions required to manage implant complications.
The amount of compensation in Cartiva implant failure lawsuits varies based on the severity of complications, extent of medical treatment required, and impact on the victim's life and livelihood.
How a Class Action Lawyer Can Maximize Your Compensation
Working with an experienced class action lawyer significantly increases your chances of obtaining maximum compensation in Cartiva implant failure lawsuits. Professional legal representation provides crucial advantages throughout the litigation process:
- Case Evaluation: A qualified attorney thoroughly assesses the strength of your claim, identifies all potential sources of compensation, and determines the full value of your damages.
- Evidence Gathering: Legal professionals know how to collect and preserve critical evidence, including medical records, correspondence with healthcare providers, and documentation of your complications.
- Medical Documentation: Attorneys work with medical professionals to properly document the connection between your implant and resulting injuries, strengthening your claim for compensation.
- Negotiation Skills: Experienced lawyers understand how to negotiate effectively with manufacturers and insurance companies to secure fair settlement amounts without accepting lowball offers.
- Trial Preparation: If settlement negotiations fail, a class action lawyer can prepare your case for trial and present compelling arguments to a jury on your behalf.
- Deadline Management: Legal professionals ensure all statutes of limitations and court deadlines are met, preventing your case from being dismissed due to procedural errors.
- Resource Access: Attorneys have relationships with medical professionals, investigators, and other resources needed to build strong Cartiva implant failure lawsuits.
- Contingency Fee Structure: Most class action lawyers work on contingency, meaning you pay no upfront costs and only pay attorney fees if your case is successful.
- Legal Knowledge: Lawyers understand complexities of product liability lawsuits and can identify all applicable legal theories to maximize your potential recovery.
- Settlement Evaluation: Attorneys help you understand whether settlement offers are fair and advise you on the best course of action for your specific situation.
Attempting to handle Cartiva implant failure lawsuits without professional legal representation often results in lower compensation amounts and missed opportunities for recovery.
Who Can File a Cartiva Implant Lawsuit?
Patients who have suffered complications from Cartiva implants may be eligible to pursue legal action against the manufacturer. The following criteria help determine eligibility for filing Cartiva implant failure lawsuits:
- Implant Recipients: Patients who received a Cartiva Synthetic Cartilage Implant for big toe arthritis treatment and subsequently experienced complications or device failure.
- Documented Complications: Individuals with medical records showing implant-related problems such as migration, fragmentation, infection, persistent pain, or reduced joint function.
- Timeline Requirements: Patients whose complications occurred within the statute of limitations period, which varies by state but typically ranges from one to three years from discovery of injury.
- Medical Documentation: Those with sufficient medical records to establish the connection between their Cartiva implant and resulting complications or injuries.
- Revision Surgery Patients: Individuals who required additional surgery to repair, reposition, or remove their Cartiva implant due to device failure or complications.
- Ongoing Symptoms: Patients experiencing persistent pain, limited mobility of the big toe, or other long-term effects related to their Cartiva implant, even without revision surgery.
- Failed Treatment Goals: Those whose implants did not provide the promised pain relief or joint function improvement, leaving them worse off than before surgery.
- Family Members: In cases where implant complications resulted in wrongful death, surviving family members may be eligible to file claims on behalf of the deceased patient.
- Multiple Implant Recipients: Patients who received Cartiva implants in multiple joints and experienced complications in any of the treated areas.
- Geographic Location: Individuals treated anywhere in the United States, as federal consumer protection laws may apply regardless of where the surgery was performed.
A class action lawyer can evaluate your specific circumstances and determine whether you meet the criteria for pursuing compensation through Cartiva implant failure lawsuits.
Cartiva Implant Lawsuit Cases We Take
ClassAction 101 handles a wide range of Cartiva implant failure lawsuits for patients who have suffered complications from this medical device. Our legal team has experience with various types of cases involving implant failures and related injuries:
- Implant Migration Cases: Lawsuits involving Cartiva implants loosening and shifting from their original position, causing pain, joint dysfunction, and requiring revision surgery to correct placement.
- Device Fragmentation Claims: Cases where pieces of the implant fracture off inside the joint, leading to inflammation, tissue damage, and complex removal procedures.
- Complete Implant Failure Suits: Legal action for patients whose Cartiva implants have lost structural integrity and stopped functioning as intended, necessitating removal or replacement.
- Persistent Pain Litigation: Cases involving patients who continue to experience significant discomfort months or years after implant surgery, contrary to expected treatment outcomes.
- Infection-Related Claims: Lawsuits for patients who developed serious infections following Cartiva implant surgery, requiring antibiotic treatment and additional surgical interventions.
- Reduced Mobility Cases: Legal action for patients whose joint movement became more limited after implant surgery, defeating the purpose of avoiding fusion surgery.
- Premature Wear Lawsuits: Cases involving implants that deteriorated faster than expected, leading to early device failure and the need for revision procedures.
- Bone Damage Claims: Litigation for patients who experienced erosion or other damage to surrounding bone tissue caused by the Cartiva implant.
- Failed Pain Relief Cases: Lawsuits for patients whose implants did not provide the promised pain reduction, leaving them in worse condition than before surgery.
- Wrongful Death Claims: Legal action on behalf of families whose loved ones died due to complications related to Cartiva implant surgery or device failure.
Our experienced legal team understands the complexities of each type of Cartiva implant failure lawsuit and works diligently to build strong cases for maximum compensation.
Cartiva Implant Lawsuit FAQs
How long do Cartiva implant failure lawsuits typically take to resolve? The timeline for Cartiva implant cases varies significantly depending on the complexity of your medical situation, the strength of available evidence, and whether the case settles or goes to trial. Most cases resolve within 18 months to three years, though some complex litigation may take longer.
Do I need to pay upfront costs to hire a class action lawyer for my case? ClassAction 101 handles Cartiva implant cases on a contingency fee basis, meaning you pay no attorney fees unless we successfully recover compensation for you. We also advance case expenses, so you have no out-of-pocket costs to pursue your claim.
Can I still file a lawsuit if I signed a consent form before my surgery? Signing a surgical consent form does not prevent you from filing Cartiva implant failure lawsuits. These forms typically address known surgical risks but do not waive your rights to sue for defective products or inadequate warnings about device-specific dangers.
Is it too late to file a lawsuit if my implant surgery was several years ago? The statute of limitations for product liability cases varies by state and often begins when you discover the connection between your implant and your injuries, not necessarily when the surgery occurred. A legal consultation can determine if you still have time to file.
What medical records do I need to support my Cartiva implant case? Essential documentation includes your surgical records, pre-operative imaging, post-operative follow-up notes, any revision surgery records, and current medical evaluations showing ongoing complications. We can help you gather these records from your healthcare providers.
Will my case be part of a class action or filed individually? While we handle individual Cartiva implant failure lawsuits, your case may also benefit from coordinated litigation if multiple similar cases are filed. This approach can reduce costs while maintaining your right to individual compensation based on your specific damages.
Do I need to have my implant removed to pursue a lawsuit? You do not need implant removal surgery to file a legal claim. Many successful cases involve patients who still have their implants but are experiencing ongoing complications or failed treatment outcomes.
How much is my Cartiva implant case worth? Case values depend on factors including your specific complications, medical expenses, lost income, pain and suffering, and future treatment needs. Each case is unique, and compensation amounts vary significantly based on individual circumstances.
What happens if the manufacturer offers a settlement? A class action lawyer will review any settlement offers to ensure they adequately compensate you for all your damages. We will advise you whether to accept the offer or continue pursuing litigation for potentially higher compensation.
Can family members file a lawsuit if a loved one died from implant complications? Yes, surviving family members may be eligible to file wrongful death claims if their loved one died due to complications from a Cartiva implant. These cases can recover compensation for medical expenses, funeral costs, lost income, and loss of companionship.
Take Action Today — Protect Your Rights
If you or a loved one has suffered complications from a Cartiva implant, time is critical for protecting your legal rights. Statutes of limitations can prevent you from pursuing compensation if you wait too long to take action.
ClassAction 101 offers free, confidential consultations to evaluate your Cartiva implant failure lawsuit and explain your legal options. Our experienced legal team works on a contingency fee basis, so you pay nothing unless we recover compensation for your injuries.
Don't let implant complications continue to impact your life without seeking the compensation you deserve. Contact ClassAction 101 to speak with a class action lawyer who understands the complexities of medical device litigation and will fight for your rights. Your consultation is free, and your case evaluation is confidential.