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Cartiva Implant Lawsuit

If you were injured due to someone else's negligence, you may be entitled to significant compensation. Contact one of our experienced lawyers at (561) 293-2600 for legal advice and representation.

Are you suffering complications from a defective Cartiva toe implant? Don’t wait—contact Osborne & Francis today for a free case review and get the justice you deserve.

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An older woman grips her foot in pain due to Cartiva implant problems.Osborne & Francis
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Joseph Osborne

Have you been dealing with persistent pain, swelling, or even the need for additional surgeries after receiving a Cartiva implant for your big toe arthritis? You're not alone. Many patients across the country are coming forward with similar stories, reporting that their implants have failed to relieve their symptoms as promised. 

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Many have experienced worsening conditions, leading to further medical issues. People are now taking legal action against the manufacturer as concerns about the safety and effectiveness of these implants grow. 

For nearly a decade, Osborne & Francis have been fighting for patients who have been betrayed by defective medical devices. We have won billions for our clients, including $1 billion against Stryker before, the company behind the Cartiva Implant. 

If your Cartiva implant has failed you, get in touch with us online or call (561) 293-2600 today to find out if you qualify for a Cartiva lawsuit.

“I recently had the experience of working with Osborne & Francis Law Firm after being involved in an accident, and I can't recommend them highly enough. This was my first time needing legal assistance, and they made me feel like a priority from the very beginning. Their knowledge and expertise were evident, but what really stood out to me was their genuine commitment to putting my needs first.”

- Client: Brandi G.

Video Transcript

So you've been in a car accident. What happens next? There are many things that you should do but here are the three most important:

Number One: See a doctor immediately. 

A broken bone is easy to see, but some injuries are not. The most common injuries from car accidents happen in the neck, back, or head. The only way to diagnose and treat them is by seeing a doctor. A doctor can help ease the pain, provide medication, reassure you of how your injury may impact your daily life, and tell you what not to do to make it worse.

A visit to the doctor can also give you legally protected time off to recover and rest your body after an accident, and it documents and provides the evidence you may need for your case. Even a five-mile-per-hour car accident can cause a serious injury. So whether you've had a severe accident or a minor collision, see a doctor. And if you don't have medical insurance, let us know and we'll make sure that you receive the proper care. 

Number Two: Write everything down.

Even if it seems small, during times of stress or injury it is common to forget the little details. Make sure you keep note of the pain that you're in. With neck, back, and head injuries, sometimes simple activities such as walking up the stairs or picking up a toddler may cause severe pain. 

You may not be sleeping well at night. Documenting how much you sleep and how often you wake up due to pain is also very important. And lastly, if you have any cuts or bruises, take daily photos as you heal. This will provide visual evidence of the injuries that you've suffered. 

Number Three: Do not speak to an insurance company until you've spoken to a lawyer.

Please understand that the insurance adjuster works for a billion-dollar corporation and not for you. Their interests are solely for their insurance company, and their goal is to provide you with the least amount of financial settlement as quickly as possible. When you do speak with them, remember they will record the conversation. Why do they do this? Because they've been trained to ask questions that may confuse you. So talk to us before you talk to them. 

So remember: See a doctor, document everything, and call us before calling the insurance company for your free private consultation. We are here for you. Real tough lawyers fighting real tough issues.

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What Is the Cartiva Toe Implant?

The Cartiva implant is a medical device intended for the big toe to help relieve patients suffering from big toe arthritis. This condition causes pain and stiffness in the joint located at the base of the big toe. However, over time, wear and tear slowly damage the joint, leading to pain and even problems walking or maintaining balance.

Therefore, the implant is meant to help people walk more comfortably and get back to their daily activities without the pain that comes from damaged cartilage.

It is a specially molded implant only about the size of a pea that serves as a replacement for the degraded cartilage in the big toe. The implant is created from a material called polyvinyl hydrogel (PVA hydrogel), which is widely used in many medical devices because it has good compatibility with the body, strong durability, low friction, and the right amount of water content.

Before the Cartiva implant, the only way to treat big toe arthritis was through a difficult fusion surgery where the bones in the toe joint are surgically fused together to prevent friction.

To put in the Cartiva, special tools are used to create a space in the metatarsal joint, located in the foot, where the implant will be placed.

Cartiva SCI Image

Cartiva Implant Problems

Many people turned to the Cartiva big toe implant, hoping for relief from their painful arthritis, only to find their expectations shattered by a host of unexpected complications and injuries.

One major issue that has plagued patients is that the implant can unexpectedly shrink after being placed into the toe. This shrinkage causes the implant to become loose and move out of its original position. When this happens, it can cause unbearable pain and even nerve damage, further limiting patients’ mobility and even requiring revision surgery.

In addition to shrinkage, patients have reported other complications. Some have experienced: 

  • Infections.
  • Implant fractures.
  • Osteolysis, where the bone around the implant starts to break down.
  • Painful cysts. 
  • Silastic granulomas, painful lumps that can form around an implant, caused by the body’s reaction to foreign materials.

All of these issues can significantly affect a person’s quality of life, often requiring additional surgeries, like removing the Cartiva implant or performing a procedure to fuse the bones together.

Unfortunately, these problems are due to the PVA hydrogel. While this material is designed to be safe for the body, in many cases, it doesn’t hold up well over time. Instead of staying strong, the PVA can break down quickly after it’s implanted, leading to the shrinkage and complications we’ve mentioned.

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Cartiva Implant Failure Rate

Quickly after its introduction in 2016, reports began to reveal higher-than-expected failure rates and complications linked to the Cartiva implant.

A review of the Manufacturer and User Facility Device Experience database from July 2016 to June 2023 showed concerning results. Out of 236 reports, a staggering 55% cited unspecified device problems, and 56% reported issues like pain and inflammation. 

Alarmingly, nearly 74% of patients required removal of the implant, with an additional 9% still pending removal. Among those who had revision surgeries, about 68% ended up needing a more invasive procedure called fusion.

Furthermore, the warning label for the Cartiva implant states that it only has a failure rate of 13.5%. However, some studies have reported failure rates as high as 64%.

Getting an implanted medical device is supposed to be a big leap toward relief from constant pain and a return to a normal life. But for too many Cartiva patients, that hope has been replaced with allegedly even worse complications, including severe pain, infections, and the need for revision surgery.

The FDA has reportedly received 144 adverse events involving the Cartiva implant since it was first approved. If you’ve been affected, contact the experienced medical device lawyers at Osborne & Francis online or call (561) 293-2600 today.

About the Cartiva Implant Lawsuit 

Many people are now filing lawsuits against Stryker, the global medical device company behind the device, for Cartiva implant problems.

The FDA approved the Cartiva implant through a faster process because they viewed it as very similar to an existing surgical method known as fusion surgery. This premarket approval process allowed them to skip the usual lengthy review that new medical devices typically undergo. 

These lawsuits argue that Stryker did not fully and accurately disclose to the FDA or the public the abnormally high rates of Cartiva implant failure. Legal claims state that had the FDA been aware of the complications with the implant, it may not have given it such a quick approval, instead opting for a more rigorous look into the implant’s safety.

Despite the growing number of reports of Cartiva implants and more studies finding a higher failure rate than described on the label, Stryker has not updated its warning label and has not recalled the implant. 

Steps in Filing a Cartiva Lawsuit

If you have suffered complications from a Cartiva toe implant, you may be eligible for legal action. However, some people are understandably nervous about filing a lawsuit. You may be unfamiliar with the legal process or worried about the time involved. 

At Osborne & Francis, we are here to address any concerns you may have and put your mind at ease. Below is what you can expect during a Cartiva implant failure lawsuit. 

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A 100% Free Consultation of Your Potential Claim

You can schedule a 100% free legal case review where our team can take a closer look at your situation. We will check if you qualify based on factors like what injuries you experienced, your medical records, and when you received your implant.

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Filing a Medical Product Liability Case 

If we determine that you have a solid case, we can move forward with a medical product liability claim against Stryker, the manufacturer of the Cartiva implant. These types of lawsuits hold medical device manufacturers responsible for flaws in the design or the manufacturing of the product or for not warning you about possible risks related to the implant.

Our team will prepare a legal document called a complaint. This document starts the legal process and outlines exactly what you’re asking for in terms of compensation and why.

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Negotiations or Trial

There is no guaranteed outcome for any case, as each specific situation is unique and depends on several factors. However, here are a few possibilities: 

  • Financial Support Available in a Settlement: If successful, you could potentially get money for medical bills, lost wages, pain and suffering, and other issues caused by your complications. Your lawyer will work hard to get you a fair deal through a settlement with the company by negotiating on your behalf.
  • Fight for You in Court: If a settlement can’t be reached, your case may go to trial. There, our lawyers will defend your rights in an attempt to get accurate compensation to address what you’ve been through. 

Medical device cases can be very complicated, so it’s helpful to have an attorney experienced in these claims to give your case a better chance of success. Studies have found that legal cases tend to be stronger when you get a lawyer involved. For example, a 2016 Martindale-Nolo study found that people with a lawyer received an average compensation of $77,600, whereas those who were self-represented averaged only $17,600.

“We have successfully taken on Stryker in the past, winning over $1 billion for people wrongfully harmed by defective hip implants. Now, we are ready to challenge them again on behalf of those reportedly injured by the Cartiva toe implant. Our history with this company gives us the knowledge and determination needed to support those affected.”

- Attorney and Founder Joseph Osborne
What Evidence Will I Need for My Claim?
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T. Andrews

“Attorneys Greg Francis and Ryan Fletcher at Osborne & Francis Law Firm represented me in my personal injury case.The defendant drew a line in the sand and was adamant on a settlement amount I was almost willing to accept. After the dust settled and the smoke cleared, we settled for 3 times that amount!!! When they say ‘Real Tough Lawyers,’ they mean it.”

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C. Smith

“I am so thankful for EVERYONE, the entire staff at Osborne & Francis Law, for mentoring me through the mediation process with my hip replacement failures. I didn't realize how MUCH pressure they relieved me of by helping me deal with the reality of this traumatic time in my life, as it was OVER so quickly with a positive result. My family is grateful to have their mom HAPPY & FOCUSED on the future, rather than worrying over what happened in the past! FAST FORWARD, we are LIVING LIFE to the fullest once again!”

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J. Davis

“I couldn’t have asked for a better lawyer/ firm — everything was done professionally exactly how I wanted. Due to COVID my personal attorney Mr. Garcia was still able to make things work in a timely manner and he never made me feel like he wasn’t working. Overall I’m happy with how my case turned out and I would recommend him and this law firm to anyone. 100% satisfied.”

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E. Holland

Dennis and the other Osborne & Francis staff were amazing! Our case was HUGE and required tender loving care. Everyone on our case did their part by putting all the puzzle pieces together. We were given step by step updates and put at ease when our nerves got the best of us. For every inquiry we made we received a timely response...You are appreciated!

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Alfred

Quick and fair resolution to a unique case. On advice of my own attorney, I engaged Joseph Osborne of Osborne & Francis of Boca Raton, FL. Mr. Osborne had considerable experience in cases such as mine and the results showed that. Mr. Osborne and his staff were very helpful, kept me up to date, and listened to my input. The settlement was very fair as far as I am concerned.

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Erica F.

"Best personal injury attorney around, I could not be happier! I was seriously injured in a car accident and Osborne and Francis helped me through the entire process. I was blown away by how knowledgeable the staff and attorneys are at this incredible law firm. I would not hesitate to recommend this law firm to friends and family!"

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Osborne & Francis: Trusted Medical Device Lawyers

At Osborne & Francis, we know how to take on big companies like Stryker, especially when it comes to defective medical devices. Our attorneys have years of experience fighting for clients just like you and have won significant cases against several large medical device manufacturers, including Stryker.

For example, we secured a remarkable $1 billion against the company in the past for clients harmed by faulty Stryker hip implants. Additionally, we won a monumental $26.7 million verdict against medical device giant Boston Scientific for faulty mesh devices.

We understand the challenges you face with the Cartiva big toe implant, and we’re here to help guide you through this journey. With our proven track record, you can trust us to fight for your rights. Get in touch with our team online or call (561) 293-2600 today.

Frequently Asked Questions

What Evidence Will I Need for My Claim?

To support your Cartiva implant lawsuit, you'll need medical records showing your diagnosis, treatment, and any complications related to the implant. This may include doctor's notes, imaging tests, like X-rays or MRIs, and records of any surgeries or procedures you’ve undergone due to the implant’s failure.

How Do I Know If I Qualify for a Cartiva Toe Implant Lawsuit?

You may qualify for a lawsuit if you received a Cartiva implant and suffered complications, including loosening, dislocation, implant fracture, pain, inflammation, infection, or required revision surgery to remove the device. If you’re unsure about your eligibility, reach out to Osborne & Francis online or call (561) 293-2600 today.

What Does It Cost to Hire an Attorney?

At Osborne & Francis, we understand that concerns about legal fees can be stressful. That’s why we work on a "contingency fee" basis. This means you won’t have to pay anything upfront; only if we win your case.

How Long Will My Case Take?

Cartiva implant lawsuits are still in the very early stages. In fact, the first Cartiva implant trial date has been set for October 2025. Your claim could take anywhere from a few months to a couple of years to resolve, depending on whether it is settled out of court or goes to trial. However, we will work diligently to move your case along as efficiently as possible, keeping you informed every step of the way.