New Cartiva Lawsuit Adds to Growing Product Liability Cases
In the latest lawsuit against the makers of synthetic cartilage implants (SCI), plaintiff Cathy Atkinson says that her Cartiva SCI device failed within two years. She went on to have fusion surgery to correct the problem, which caused her severe pain. Her lawsuit was filed with the U.S. District Court in the Western District of Texas and sought to hold Cartiva, Inc. and other defendants accountable for her damages.
The Cartiva implant was marketed as a safe and innovative implant for those suffering from arthritis of the big toe and related conditions. Cartiva implants were designed to offer patients an alternative to surgical procedures, such as fusion surgery. However, many doctors and patients have since reported that the device failed to work as intended.
Are Cartiva Implants Faulty?
When the U.S. Food & Drug Administration (FDA) approved the Cartiva implant in 2016, the manufacturer claimed that its synthetic cartilage implant would replace damaged cartilage in the big toe. This would allow patients relief from pain and improved range of motion.
However, several product liability lawsuits have been filed in this past year, claiming that the implant was defective. Before Ms. Atkinson’s lawsuit, plaintiffs Gina Neil and Gabriel Gesmer also claimed that the Cartiva SCI failed to produce the intended results. Additionally, plaintiffs say that Cartiva was aware of these problems yet still marketed the device as safe.
FDA Reports Show that Cartiva Devices Can Lead to Complications
The FDA has a system for collecting reports of medical device failures and concerns. This is known as the Manufacturer and User Facility Device Experience (MAUDE). Hundreds of reports have been made to this FDA database about problems with Cartiva implants.
Researchers took a look at these reports and discovered that doctors had noticed many issues with these devices after implantation. Doctors note that the devices wear out earlier than expected and that their patients require revision surgery. The reports also say that patients with Cartiva implants have complications, including:
- Subsidence (when the device slips into the bone)
- Bone erosion
- Foreign body reaction
With these complications, patients may also experience severe pain.
These researchers noted that the problems with Cartiva devices were underreported in most medical literature. (Foot and Ankle Specialist) Another study found that about 30% of patients were not happy with the outcomes of their synthetic cartilage implants for treating painful conditions of the big toe, such as hallux rigidus. (Foot & Ankle International)
This means that many people have likely faced a range of issues with Cartiva devices.
You Could Have a Case Against Cartiva
If you have a Cartiva SCI that failed to perform as expected, you could have a case against the manufacturers. Contact a product liability lawsuit lawyer‘s office to learn more about your legal options. They can explain if you meet the criteria to file suit and what to expect from the legal process. By filing a lawsuit, you can seek compensation for your:
- Pain and suffering
- Medical expenses, including corrective surgery, medical monitoring, prescriptions, and more
- Lost income or reduced earning capacity, if your failed device affected your career