Cartiva Inc. is a medical device manufacturer that produces innovative solutions for cartilage damage and osteoarthritis patients. Cartiva implants aim to treat people with severe joint osteoarthritis (OA). The artificial joint replacement is designed to restore joint function and improve mobility. However, some patients who received this replacement system have experienced serious complications due to defective design or manufacturing.
If you or someone you love has suffered from a defective joint replacement by Cartiva or another medical device manufacturer, a cartiva lawsuit lawyer can help with filing a lawsuit against the liable parties, as well as pursuing compensation for damages.
Understanding Cartiva Implants
Cartiva implants are designed for use in patients with severe joint osteoarthritis. They are manufactured by Cartiva, Inc, a world leader in medical devices for cartilage repair. Cartiva Implant was FDA approved in 2016 as a treatment for joint osteoarthritis.
Cartiva implants feature a soft plastic-like substance (polyvinyl alcohol) and saltwater (saline). These materials are molded into the shape of a knee joint. It is then surrounded by cement, which helps hold it in place. Cartiva implants are also coated with an abrasion-resistant material to help reduce wear and tear on the implant over time.
The implant is placed into the toe joint using an insertion tool that helps guide it into place while also holding it steady during placement. However, there have been reports that some patients have experienced adverse reactions after receiving this type of implant. Some patients have reported joint stiffness, swelling, or discomfort that increases over time. Others have reported having difficulty walking because of pain in their joints several months after the implant or even years after surgery.
Where did the problem come from? It was later noted that during surgery, the implant would leave a 2-3mm protrusion on the bone surface. It was hard to detect because, even after the surgery, the implant would sink into the bone, a process referred to as subsidence. This caused various side effects that affected many people who were forced to file a lawsuit against the manufacturer.
Many people filed lawsuits against the manufacturer due to their personal injuries. The number of cases was so high that the courts became busy with the cases, and were not able to prioritize each one of them, which eventually merged as a class-action lawsuit against Cartiva. The lawsuit claims, which have since become a class-action lawsuit against the company, alleging that Cartiva knew, or should have known, their implant was defective, yet they released it into the market.
The plaintiffs also claim that they weren’t informed about any potential side effects or risks associated with the implant or any warning. Others claim medical malpractice/ surgical negligence on the part of doctors. As a result, many victims have suffered damages, especially ongoing medical expenses related to injuries after the implant.
Some of the cases include the following:
- A middle-aged woman had toe implants in her big toes. Unfortunately, the implants were not properly positioned, leading to the shortening of the big toes of both feet. This would later require corrective surgery which caused the victim to experience intense pain and suffering. The case saw a settlement of $475,000 for damages due to her shortened toes.
- Randee Lieppe suffered an injury to her big toe, which caused her to put away her high heels. Initially, the implant helped, but soon arthritis and a bone spur developed in her big toe, changing her lifestyle completely.
Liability in Cartiva Lawsuits
Several parties can be held liable for the injuries you suffered from your Cartiva implant. These parties include:
The first liable party in a Cartiva lawsuit are the surgeons who performed the procedure. Especially if they were negligent by failing to follow proper protocol and perform necessary tests before performing the surgery. It is standard of care for physicians to obtain more testing to determine whether the patient will have possible complications after the procedure.
You must prove that the manufacturer was negligent by failing to test its device for safety before distributing it for use by surgeons. In addition, you need to prove that they failed to provide adequate warnings regarding risks associated with its product during product testing or post-marketing surveillance programs that would allow surgeons to make informed decisions about using Cartiva as an implantable medical device in their patients’ toes.
Finally, if there are any defects with the design of the Cartiva implant itself that could cause injury, then these companies may be held liable under product liability laws.
Distributors are responsible for supplying products to retailers and wholesalers. If a distributor supplies defective products, then those distributors may be held liable for the injuries caused by those defective products.
How Can Cartiva Lawsuit Attorneys Help?
With the growing number of Cartiva class action lawsuits, Cartiva lawsuits are a serious matter. If you or your loved one has suffered an injury due to the implant, it is important to know that you have legal rights. A mass tort lawsuit attorney can help you determine your options if you suffered injuries from the use of this product.
The first step in determining whether or not to file a Cartiva lawsuit is understanding what caused your injuries. Cartiva lawsuits are based on the idea that there was an inherent defect in the device’s design or manufacturing process, which caused it to fail and result in injuries.
It’s important to understand that every case is different, and each one has its own set of facts that need to be examined so as to know how best to proceed with the case. Therefore, a lawyer will offer legal advice based on these facts to determine whether or not filing a claim is right for your situation.
While some cases go directly to trial, others are settled out of court before going to trial. A Cartiva lawsuit attorney will negotiate with an insurance company on your behalf for compensation. However, if it becomes necessary to go to court, they will represent you during your court hearings.
They will then present evidence on your behalf and make arguments to support your position. If necessary, the attorney will appeal any decisions made by the jury if they feel they were biased.
Get Help From an Attorney
The many class-action lawsuits involving the Cartiva implant have allowed victims to recover damages – some case settlements worth millions of dollars. Although the fate of future Cartiva lawsuits is uncertain, it has been a positive outcome for plaintiffs thus far.
If you have experienced problems with a Cartiva implant, you can join a lawsuit. A mass tort lawyer will help you determine the validity of your case and inform you of your legal options. Fill out our contact form today and find out if you are entitled to damages.