Introduction
In the pursuit of medical relief, countless individuals turned to the Cartiva toe implant as a promising solution to debilitating joint pain and limited mobility. However, for some, what was intended to be a life-changing procedure led to unforeseen complications, altering the course of their lives. If you or a loved one have undergone Cartiva toe implant surgery and are now grappling with unexpected hardships, you may be wondering, "Do I qualify for the Cartiva Implant Lawsuit?"
This article delves into the intricate details of Cartiva toe implants, their associated complications, and the potential legal recourse available to those adversely affected. Our goal is to provide clarity and guidance to patients and potential plaintiffs at a crossroads, seeking answers and justice in the wake of unforeseen medical challenges.
Navigating the complex landscape of class action lawsuits and personal injury claims can be overwhelming, but you don't have to face it alone. The Consumer Shield offers support, information, and a path forward in your pursuit of justice.
What is the Cartiva Toe Implant Lawsuit?
There have been many cases when the victims had to suffer from Cartiva toe implant injuries which compromised their physical health. The implant penetrated into their bones and there are many reports regarding this huge failure as well.
The patients are holding the manufacturer in this case which is Cartiva responsible. They believe that the implant’s design is not industrial grade and it has led them to face severe orthopedic complications as well.
Some patients also have undergone orthopedic surgeries which have left an ever-lasting impact on their mental health as well. There is no doubt that if the design of the implant was perfectly made, then there would have been no such complications for the victims at all.
Cartiva Lawsuit Overview
Cartiva has been the producer of surgical prosthetics and implants since the year 2016. One of their famous products includes synthetic cartilage implants. Their purpose is to help patients with their toe fusion surgery. These are good replacements for the surgery in this regard.
In this way, these implants effectively treat the compromised toe cartilage of the patients. However, in the recent years, there have been many complaints regarding the malfunctioning of Cartiva implants from the users. The implant was complicating their surgery and recovery to a large extent. They were noticing toe pain, bone loosening, bone fracture, and other problems.
In America alone, the victims are complainers who are filing lawsuits against the company repeatedly which shows the intensity of their loss as well. The basis of the Cartiva implant lawsuit is that the victims believe that the design of the implants was faulty which has led them to severe orthopedic complications like physical impairment and additional surgery.
Qualifications for Cartiva Implant Lawsuit
For the victims who want to file a Cartiva implant lawsuit, the following considerations will prove to be effective:
- Medical Records: It is important to declare the medical records which can include evidence of surgery, medical bills, duration of hospitalization, and lab test reports. Medical records will strengthen the claim of the victims which can increase their chances of winning the case successfully.
- Complications: Prove that the patient has suffered from curative implant complications. There should be valid proof of this as well. It can include their physical condition, health loss, and other financial setbacks.
- Timeliness: There is no doubt that such critical lawsuits follow strict timelines for filing. Therefore, the victims must seek help from an attorney who will guide them in meeting the deadlines of filing the Cartiva implant lawsuit. Or else, they might miss the dates and end up not bringing their claim and complaints to the court as well. Due to this reason, hiring a lawyer in this regard is effective which will streamline the legal complications for the victims on all counts.
How Do I Know if I Qualify for a Cartiva Lawsuit?
The victims must know if they can file a Cartiva implant lawsuit and due to this reason, the following considerations will be helpful in this regard.
- The patients have a curative toe implant in their big toe.
- The implant failed to function properly after surgical administration.
- The victims had to spend extra on medical treatments and corrective surgeries due to a malfunctioning implant.
- The victim was healthy and had no major medical complications like cancer and cardiac problems during this period.
If any victim meets the above criteria then they are fully eligible to file a lawsuit against the company and demand rightful compensation for themselves at the same time.
What are the problems associated with the Cartiva implant?
The purpose of the Cartiva implant is to mimic the orthopedic support of the big toe to the patients. It comes in handy for patients with osteoarthritis when their big toe joint undergoes severe damage. A poorly fit toe implant or a malfunctioning implant can lead the patient to the following health setbacks.
- Persistent Pain: They faced unbearable persistent pain which hampered their normal locomotion. The pain did not allow them to walk freely and put their body weight on their feet as well. Due to this reason, the patients of cartilage implants experienced severe immobility which added to their complications on the whole.
- Implant Failure: Many victims were also unable to experience the apt functioning of the implant. The results were not satisfactory at all. Patients were discontented due to the implant failure. It also led to swelling of the toe and excruciating pain as well.
- Inflammation and Swelling: Some complaints also show that the patients faced severe inflammation and swelling of the toe. It caused them discomfort and complicated their physical movements and locomotion at the same time.
- Limited Range of Motion: Poorly functioning Cartiva implants caused limited range of motion which compromised their lifestyle. Due to this reason, they had to bed rest for a long period thus suffering from physical and mental trauma consistently.
- Revision Surgery: The defective Cartiva implant made them undergo corrective revision surgeries. This not only added to their suffering but also increased their medical expenses. In this way, they had to go beyond their budget to meet the surgical expenses as well.
- Foreign Body Reaction: The implant did not only cause the victim pain but also reacted with the sensitive area. The patients had to suffer from the foreign body reaction which added to their discomfort and interrupted their recovery.
- Risk of Infection: The faulty Cartiva implant also made the victims prone to infection. The patients had to undergo corrective medical treatments repeatedly due to a substandard implant in their toe joint.
- Limited Long-Term Data: There is no existence of any long-term data on the Cartiva toe implant which proves that it has been effective for the health and orthopedic well-being of the patients . Due to this reason, false assumptions regarding its performance and results are common.
What is the failure rate of the Cartiva toe joint replacement implant?
The Cartiva toe joint implant was developed to serve the patients with ease. The implant was crucial for osteoarthritis patients whose toe joints had been compromised due to their condition. However, the implant lacked long-term data and soon the cases regarding these complaints started to increase.
The failure rate of the Cartiva toe joint replacement implant is 13.5%. But as per the latest research and data, the failure is getting much higher day by day.
The patients were unable to notice the promised results of the implant which negatively impacted the high claims of the company. There is no doubt that the Cartiva toe joint implant is new in the field but proper inspection and testing was crucial before its practical administration.
- Studies Linking Cartiva to High Failure Rates
A crucial clinical study called Motion study had backed the Cartiva toe joint implant and considered it as a good replacement for the toe joint fusion. The failure rate discovered by this study was only 13%.
After some years, the American Orthopedic Foot and Ankle Society conducted the same research on the implant in 2020. They found out that the device was at a 64% rate of failure for the patients.
Then the rate increased up to 79% right after the surgery of Hallus Rigidus. The common surgical complication that most of the patientsfaced was the sliding of the implant into the toe bone which was extremely painful and discomforting for the patients. The post-operative pain of such patients was common among the patients.
When to Join Cartiva Implant Class Action Lawsuit?
If the patients are already a part of a class action lawsuit then it is possible to continue with the Cartiva implant lawsuit as well. For such patients, it will be beneficial because they will be able to strengthen their claims and increase their chances of receiving the rightful compensation in this regard.
1. Identification of Complications: The victims must be able to identify their health loss and complications before filing the lawsuit. It can include mobility issues, problematic locomotion, excruciating pain, and infection manifestation. Plus, the patients must keep their medical evidence and records intact for presenting them in court increasing the chances of winning the lawsuit.
2. Consultation with Legal Counsel: The victims of cartilage implants need to rely on an attorney and seek legal assistance from them. It is because such critical cases need a reliable lawyer for further legal proceedings.
Consumer Shield's legal team has professionals who specialize in medical device litigation, particularly cases involving Cartiva toe implants. We deeply understand the relevant laws, regulations, and evolving landscape of these cases.
3. Statutes of Limitations: After hiring a lawyer, the victims need to adhere to the statute of limitations of the cartilage implant lawsuit. Or else they won't be able to file the case in time. In this case, lawyers help their clients and keep them updated regarding the limitations. These are a set period within which the victims can file lawsuits. If missed, then the lawsuit can get delayed thus making the victims wait further.
4. Class Certification: The attorneys also need to determine whether they can aim for individual lawsuits or class action lawsuits. Class action lawsuits mainly include a group of victims who have undergone the same complication. Class action lawsuits are more impactful since they create pressure on the prosecution and the responsible party as well. In this way, attorneys can help their clients with this determination to successfully proceed with the lawsuit for the victims.
5. Assessment of Merits: The lawyers will also assess the merit of filing a curative implant lawsuit for the victims. So that there will be no complications in future proceedings. The attorneys will determine if the victims can take part in class action lawsuits or not. It is important because it creates a direct impact on the lawsuit and the success rate as well.
6. Informed Decision: The victims and the attorneys both collaborate to the informed decisions. Due to this reason, fewer complications occur during the trials and case proceedings. The attorneys can help the victims in time and update them with the status of the lawsuit which can add to the winning rate of the case successfully.
Am I eligible for the Cartiva implant lawsuit?
The patients need to determine if they are eligible for filing this lawsuit or not. The reason is that without this, there will be no basis for this lawsuit at all. The victims can check the eligibility criteria for filing this lawsuit mentioned in this post.
In case of severe health compromise, the patients are fully eligible to hold the responsible party answerable in the court. Victims need to determine if they have undergone excess medical billing and corrective surgeries due to faulty Cartiva implants or not.
Other than this, they need to declare that they have been physically impaired and compromised because of a defective cartilage implant as well. In this way, they will be able to prove that they are eligible and have a strong basis to file this lawsuit against the company as well.
What's the Average Payout per Person for the Cartiva Lawsuit?
The purpose of filing a lawsuit is to claim rightful compensation and payouts. In the curative implant case, the compensation depends on the intensity of the loss of the victims. If the patients need immediate medical assistance and hospitalization, then their payout will be higher in amount.
Therefore, depending on the victim’s condition, the court will release the corresponding payouts. Also in some cases, the payouts take time to be released and some victims immediately receive their payouts to meet their medical needs in time.
If you or a loved one have experienced complications related to toe implant procedures, such as improper positioning resulting in failure and subsequent issues, it's crucial to explore your legal options.
Recently attorney's secured a significant settlement of $475k for a 42-year-old female client facing similar challenges.
These complications have compelled patients to undergo corrective surgeries, endure persistent discomfort, and increase pressure on their smaller toes. If you are in a similar situation, we encourage you to contact Consumer Shield today. Our experienced team is here to provide you with the guidance and support needed to pursue a fair settlement. Your journey to resolution begins with us. Contact Consumer Shield now to discuss your case and explore the potential for a settlement that addresses your unique circumstances.
The Legal Mechanisms of the Lawsuit and Real-life Cases
The victims of this lawsuit should come forward and raise their voices against the health and financial losses they have gone through. Below there is an outline of the legal mechanisms that victims should follow to maximize their chances of winning on all counts.
- Filing a Complaint: The victims need to hire a lawyer to file a complaint. The process includes filing a complaint against the healthcare provider, the company, and all the responsible authorities who have been involved in the lawsuit. Due to this reason, filing the initial complaint is crucial to proceed with the case further.
- Class Action or Mass Tort Lawsuits: The patients can also go with class action lawsuits which include the same claim of a group of victims. In this way, they can create more pressure on the prosecution which can help them with their proceedings and winning rate on all counts.
- Discovery Phase: The discovery phase allows the prosecution and the defense to exchange legal exhibits and evidence during the proceedings. It helps both parties to successfully proceed with the lawsuit and derive comprehensible conclusions from the trials of the lawsuit at the same time.
- Expert Testimony: Expert testimony from the eyewitnesses is important to back the claims of the defense. The witnesses should be able to testify about the victim’s claims so that the court can analyze the case in a better way. Due to this reason, the importance of witnesses in the Cartiva implant lawsuit is important to consider.
- Negotiation and Settlement: If the victims want, they can aim for negotiation and settlement as well. In this way, the responsible party will compensate them for their loss which mimics the compensation released by the court for them. The attorneys of both parties can come forward and help the parties decide for negotiations as well.
- Trial: In case the victims have agreed to a settlement then they will tap into the trial. In this phase, they will be updated with the legal formalities so that they can successfully close the settlement. The attorney’s help and expertise play a huge role in this regard.
Real-life Cases:
The best will be to learn about the real-life cases of the victims who had suffered from a defective Cartiva implant.
- John Doe vs. Cartiva Manufacturer:
John Doe filed a lawsuit against the company claiming that their implant had caused him pain and mobility issues. The victim was able to win the lawsuit because of expert testimony from the witnesses. The court had analyzed the aspects of his lawsuit and released rightful compensation based on his condition as well.
- Class Action of Cartiva Patients:
A class action was filed by the mass of victims who had suffered from a faulty Cartiva toe joint implant. They were able to receive rightful compensation collectively as a result of successfully conducting their lawsuit with the legal assistance of their attorney.
