Cartiva Implant Lawsuit

Have you experienced ongoing pain, limited mobility, or additional surgery after receiving a Cartiva implant for your big toe arthritis? A growing number of patients nationwide are filing lawsuits against the manufacturer citing a high rate of implant failure. Reports indicate widespread distribution of these implants, with concerns rising over their efficacy and safety.

This post explores the legal issues surrounding Cartiva implants and your options for seeking compensation. Find out why Wagner Reese Law Firm stands out in handling complex medical device lawsuits and how we can assist you.

Common Complications Associated with Cartiva Toe Implants

While intended to alleviate pain from big toe arthritis, Cartiva implants have resulted in a concerning number of complications for some patients. The most common issues include:

Implant Failure

Despite initial hopes, Cartiva toe implants can fail to deliver the anticipated relief. Issues like loosening, dislocation, or fracture of the implant may occur, leading to additional surgeries and renewed pain and mobility challenges.

Persistent Pain

Even if the implant remains intact, some patients experience ongoing pain after Cartiva surgery. The pain can be even more debilitating than the original arthritis symptoms. The source of the discomfort could be nerve damage during surgery, inflammation around the implant, or the body’s rejection of the foreign material.

Limited Mobility

A properly functioning Cartiva implant should restore movement and flexibility to the big toe joint. However, if the implant fails or causes pain, your mobility may become significantly limited. This can make everyday activities like walking, climbing stairs, or wearing certain shoes difficult or even impossible.

Additional Surgeries

A failed Cartiva implant often necessitates additional surgery to address the problem. This may involve removing the implant entirely, fusing the joint with bone grafts, or replacing the Cartiva device with another implant. These additional procedures add to the physical and emotional burden on the patient, along with increased medical costs.

Infection

As with any surgery, there’s a risk of infection following Cartiva implantation. The risk can be heightened if the implant loosens or breaks, creating an entry point for bacteria. An infection can cause significant pain, swelling, and even require additional surgery with antibiotics to clear it up.

If you’re considering a Cartiva implant for your big toe arthritis, it’s important to discuss the potential risks and benefits with your doctor. You should also be aware of the ongoing litigation surrounding Cartiva implants and the possibility of complications.

Product Liability and Legal Responsibilities

Have you suffered complications after receiving a Cartiva implant for your big toe arthritis? If the implant failed or caused further pain, you may have grounds for a product liability lawsuit against the manufacturer. Here’s what you need to understand about legal responsibility in these cases.

Cartiva Implant Product Liability

Product liability is a legal concept that holds manufacturers accountable for placing defective products in the market. In a Cartiva implant lawsuit, you would allege the implant is defective and caused you harm.

Product liability claims may arise from design or manufacturing defects in Cartiva toe implants. Design defects occur when the implant’s design itself is inherently unsafe, while manufacturing defects occur during the production process, leading to faulty implants that fail to meet safety standards.

To win your case, you’ll need to prove the following:

• The Implant Was Defective: Evidence may include proof of design flaws in the Cartiva implant itself, or issues with the materials used in its construction. A high rate of implant failure can be a strong indicator of a defect.

Manufacturers must provide clear and comprehensive warnings about potential risks and side effects associated with Cartiva toe implants. Failure to adequately warn patients and healthcare providers about these risks may constitute grounds for a product liability claim.

• The Defect Caused Your Injuries: You’ll need medical records demonstrating a clear link between the Cartiva implant and your complications, such as pain, infection, or additional surgery.
• You Suffered Damages: This includes medical expenses, lost wages, and pain and suffering caused by the complications from the implant.

Who Can Be Held Liable?

The manufacturer of the Cartiva implant is the primary target in a product liability lawsuit. In some cases, the surgeon who implanted the device or the hospital where the surgery took place may also be named as a defendant if there was negligence involved during the surgery itself.

Legal Options and Potential Outcomes

Facing complications from Cartiva toe implants can be daunting, but understanding your legal options can empower you to seek justice and compensation.

Legal Assessment of Your Case

Begin by consulting with experienced attorneys to evaluate the specifics of your situation. They will assess the viability of your potential lawsuit based on factors such as the severity of your complications, medical records, and the timeline of your implant surgery.

Filing a Product Liability Lawsuit

If your attorney determines that you have a strong case, you can file a product liability lawsuit against the manufacturer of Cartiva toe implants. This legal action seeks to hold the manufacturer accountable for any defects in design, manufacturing, or failure to warn about potential risks associated with the implant.

Possible Outcomes of Your Lawsuit

The outcomes of product liability lawsuits vary based on the specifics of each case. Potential outcomes include:

• Financial Compensation: If successful, you may receive compensation for medical expenses, lost wages, pain and suffering, and other damages resulting from your complications.
• Settlement: Manufacturers may opt to settle the case out of court, offering financial compensation in exchange for dropping the lawsuit. Your attorney will negotiate on your behalf to secure a fair settlement amount.
• Court Verdict: In cases where a settlement cannot be reached, your lawsuit may proceed to trial. A court verdict will determine whether the manufacturer is liable for your injuries and the amount of compensation you can receive.

The legal complexities of product liability lawsuits necessitate the guidance of an experienced attorney. They’ll fight for the compensation you deserve while you focus on healing.

Filing a Cartiva Toe Implant Lawsuit

To pursue justice for complications stemming from a Cartiva toe implant, follow a structured approach guided by experienced legal professionals.

Initial Consultation

Begin by scheduling a consultation with a seasoned attorney specializing in product liability cases. They will assess your medical records and surgical history to evaluate the strength of your potential lawsuit.

Case Evaluation and Strategy

Your attorney will conduct a thorough case evaluation, gathering evidence to substantiate your claims against the manufacturer. This includes reviewing medical documentation and consulting with experts to establish the causal link between the implant and your complications.

Drafting the Complaint

Once your attorney determines the viability of your case, they will draft a formal complaint outlining the specifics of your claim. The document initiates the legal process and details the damages you seek, such as medical expenses, lost wages, and pain and suffering.

Negotiation or Trial

After filing the complaint, your attorney may engage in negotiations with the manufacturer’s legal team to reach a settlement. If negotiations fail to yield a satisfactory outcome, your case may proceed to trial.

Throughout this process, your attorney will advocate vigorously on your behalf, presenting a compelling case to secure fair compensation. An experienced attorney can help you navigate the legal process and fight for your rightful compensation.

The Role of Wagner Reese, LLP in Cartiva Toe Implant Lawsuits

Are you suffering after a Cartiva toe implant? Wagner Reese, LLP is here to fight for you. We are medical malpractice lawyers based in Indiana who provide comprehensive legal representation for individuals like you, who are experiencing pain, limited mobility, or even additional surgery due to a faulty Cartiva implant.

Our firm has extensive experience in product liability litigation and understands the complexities of these cases. We conduct a thorough investigation of each case, gathering evidence to build a strong claim. This includes working with a network of medical experts to analyze the implant’s defects and how they connect to your injuries.

Skilled attorneys will aggressively negotiate to secure a fair settlement on your behalf. However, if necessary, we’re prepared to pursue Cartiva toe implant litigation in court using proven strategies to maximize your chances of success. Take control of your situation.

Contact Wagner Reese, LLP today for a free consultation. Let us help you get the justice you deserve. Get Cartiva toe implant legal assistance. Call us now!