Predicting Cartiva Implant Lawsuit Settlements (2024)

Cartiva implants are used to replace worn cartilage in the toe. This surgery was promoted as a treatment for the effects of osteoarthritis because the implant cushioned the toe joint and prevented bone-on-bone grinding just like the natural cartilage it replaced. But the implants shrink over time. This shrinkage can cause many orthopedic conditions in the toe, including pain, deformation, and nerve damage.

Status of Cartiva Implant Lawsuits

There have been no reported and publicly disclosed Cartiva implant settlements. Moreover, none of the lawsuits filed against the manufacturers of these products have reached trial. Thus, there are no past payouts to use when predicting the future value of cases.

Several lawsuits were voluntarily dismissed. This might mean the manufacturer settled these cases confidentially. Manufacturers in product liability cases often use confidential settlement agreements to prevent victims from sharing information that they can use as leverage to get larger settlements.

However, not many lawsuits have been filed and only a few were withdrawn. As a result, the more likely reason for the current lack of public information is that plaintiffs are awaiting more scientific studies to prove a connection between their injuries and their Cartiva implants.

How Much Can You Get From a Cartiva Implant Lawsuit?

Despite the fact that no settlements have been reported as of April 2024 and the potential settlement payouts in a typical Cartiva implant lawsuit are not known at this point, you might still be able to calculate how much your potential claim against Stryker could be worth.

Cartiva implant lawsuit settlements will depend on the specific circumstances of your individual case. As a result, you may need the assistance of a skilled lawyer to determine compensatory damages using their knowledge of the law and expertise.

Factors Considered When Predicting Cartiva Implant Lawsuit Settlements

One factor that may influence how much you can expect in a Cartiva settlement is how the lawsuit is filed. Currently, the manufacturer of these implants is only facing individual lawsuits. These lawsuits are filed by individual plaintiffs and will only include the injuries and losses they suffered. As a result, jurors will be able to connect the losses to a real person sitting in court and will often issue larger damage awards.

The drawback of these cases is that a single lawyer bears the entire burden of fighting a multi-billion dollar manufacturer. You can contrast this with a class action lawsuit in which multiple plaintiffs and lawyers can share the burden.

Class actions happen when a group of similarly situated plaintiffs band together in a class. The class takes on the manufacturer together, sharing resources and information. The downside of class action lawsuits is that the class settles together. Although these settlements produce headline-grabbing numbers, they might not be worth as much when divided.

For example, suppose 1,000 injured plaintiffs formed a class and sued the manufacturer of Cartiva implants. If the class settles its case for $50 million, it would seem like a huge win for the plaintiffs. But this amount only averages to $50,000 per plaintiff.

Harm Suffered by the Plaintiff

By far, the biggest factor in determining the value of a settlement is the injuries suffered by the plaintiff. In an implant failure lawsuit filed against Stryker, a lawyer would most likely consider a variety of factors, including but not limited to:

• The severity of complications experienced by the patient

• The degree of pain endured by the patient

• The impact of the implant failure on the patient’s quality of life

• The medical expenses, both past and future, incurred by the patient, including the cost of implant removal or replacement procedure

• Loss of income due to the patient’s inability to work during their recovery

These factors will be taken into account when determining the appropriate settlement amount in your Cartiva implant failure lawsuit.

The permanency of the injury will have a large influence on the settlement amount. A permanent injury will affect you for the rest of your life. As a result, you will be entitled to larger damages. Thus, a claim alleging nerve damage from the implant might justify a larger damage award than a temporary injury that can be fixed with further treatment.

On the other hand, if you require corrective treatment, that will add to your costs. For example, suppose your doctor recommends removing an implant that has shrunk. You should not bear the cost of that surgery. Instead, you include it with your losses in your Cartiva lawsuit so that the manufacturer, Stryker, can reimburse you for it.

Similarly, your unique income losses will also influence the settlement you receive. Higher-earning plaintiffs will usually earn greater damage awards because they lose more income when they cannot work. Moreover, workers who are on their feet will have greater losses than those who work desk jobs and can work even though they have toe pain.

Impact on Your Life

Your losses also include the impact of the injury on your life. Some of these impacts will be obvious. When your implant shrinks, the most obvious effect will be toe pain. Pain in your toe will make it difficult for you to stand, walk, or jump. You might not be able to find a comfortable position to sleep if your toe hurts whenever the covers or mattress touches it. You might not even be able to sleep if you have constant aches in your toe.

The erosion in your quality of life due to pain justifies compensation, even if it has no monetary cost. The pain, by itself, is a loss that you suffered.

Other non-economic losses include mental suffering and disability. Mental suffering happens because worries and anxieties caused by your injuries erode your happiness and health. Disabilities happen when your injuries prevent you from doing something, whether it involves employment, work around the house, or hobbies.

How Do You Know if You Have a Case?

At ConsumerShield, we help patients affected by Cartiva implant failure to understand their rights for compensation and assess their legal options. While we understand that no amount of money can compensate you for all the suffering you had to endure due to the implant failure, we know that obtaining compensation can provide you with a sense of justice and give you the much-needed financial relief to move on with your life.

ConsumerShield provides valuable resources for injured people. You can learn about Cartiva implants and the effects they can have on your health. We can also evaluate your claim and connect you with a lawyer who can help you seek a Cartiva implant settlement. Contact us for a free case evaluation to learn how we can help you along the path toward a settlement.