Did you have surgery to insert a Cartiva implant into your big toe joint? Did you receive a mail about a class action on the settlement to resolve claims about customers with failed Cartiva implant? This review will help you partake in the class action settlement after confirming the authenticity of the mail.
What Is Cartiva toe implant failure Class Action Settlement?
The Cartiva implant was designed to relieve patients of painful arthritis in their big toes. Introduced in 2016, the implant is designed to be surgically placed into the joint and to replicate the function of healthy regular cartilage, preventing bone-on-bone rubbing. Its purpose is to ease the pain of the condition and restore normal flexibility.
While the implant works for some, it often fails, according to the University Foot & Ankle Institute, leaving patients to require additional treatments, surgeries, and continued pain.
While the company reported a failure rate of 13.5% to the FDA, information from patient reports suggest that the true failure report is 64% — almost five times the rate that the company reported. The implant sometimes sinks into the bone, making it ineffective. Those who have had Cartiva implant failures may have a legal claim to recover medical treatment and compensation for pain and suffering.
What Is This Class Action All About?
A lawsuit filed in federal court in California in May alleges that Cartiva not only markets a poorly designed medical device but that it failed to warn patients of the dangers of the water-based insert.
Plaintiff Gabriel Gesmer asserts that he had two faulty implants. He claims that “defendants failed to meet numerous federal requirements in their manufacture and sale of the Cartiva implant prior to Plaintiff’s surgery and implantation of his Cartiva device, which caused him to have implanted a defective and adulterated device causing his injuries and damages” including swelling, nerve damage, loss of mobility and bone loss. The lawsuit claims the company knew, before the surgery, that the devices “were unreasonably dangerous due to non-compliance.”
The lawsuit alleges the defendants knew the implant had problems with “shrinkage and migration out of joint space into the bone.”
You can also take part in this settlement If you’ve struggled with arthritis in your big toe and have suffered from the failure of a Cartiva implant.
Who Is Eligible?
The settlement benefits all class members who meets the following requirements:
- You’ve had surgery to install a Cartiva implant into your big (great) toe
- The implant failed
- You required additional and ongoing medical treatment for the Cartiva implant failure
- You were NOT diagnosed with gout prior to getting the Cartiva implant
- You have NOT been diagnosed with cancer, rheumatoid arthritis, Lupus, Crohn’s Disease, Multiple Sclerosis, HIV or are taking immunosuppressant medication for an organ transplant
How To Be Part of This Settlement
For a class member to partake in this settlement, they must submit their Valid claim on the settlement website.
It should be noted that if you have ever filed for bankruptcy or have been convicted of a crime, the law firm cannot evaluate your claim.
What Is The Pay For This Settlement?
The pay for this settlement varies and the proof of purchase is not necessary.
As you submit your claim to the settlement website, just like Uterine and Ovarian Cancer class action settlement we have reviewed , you’re doing so under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim.
Last Updated on May 29, 2023 by Precious