As of the first quarter of 2025, the Cartiva Implant MDL formation timeline is beginning to take shape. The Synthetic Cartilage Implant, introduced by Cartiva in 2016 to treat big toe arthritis, has faced numerous reports of high failure rates and complications. These issues have led to a growing number of individual lawsuits against the manufacturer, Stryker.
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Current Legal Landscape
Patients across the United States have filed lawsuits alleging that the Cartiva implant is defectively designed. Many claim the device leads to severe pain, implant loosening, subsidence (where the implant sinks into the bone), and necessitates revision surgeries. A study published in 2020 indicated that the actual failure rate of Cartiva implants within the first two years could be as high as 79%, significantly higher than the 13.5% failure rate reported during clinical trials.
In response to these complications, Stryker issued a recall of the Cartiva implant on October 31, 2024. The recall cited post-market data revealing higher-than-expected failure rates and associated complications.
Click here to view the FDA’s adverse events report.
Factors Influencing Cartiva MDL Formation
The Judicial Panel on Multi-district Litigation (JPML) will consider several factors when deciding on the formation of a Cartiva MDL:
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Number of Cases: A significant volume of related lawsuits filed across various jurisdictions can prompt consolidation.
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Common Factual Questions: Cases must share common issues, such as allegations of a defective design leading to implant failure.
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Efficiency and Convenience: Centralizing cases should promote efficient pretrial proceedings and reduce duplicative discovery.
Currently, the number of Cartiva implant lawsuits is increasing but has not yet reached the threshold typically required for MDL formation. However, as more patients experience complications and file claims, the potential for consolidation grows.
Potential Cartiva Implant MDL Timeline for Claims
If the volume of Cartiva-related lawsuits continues to rise, plaintiffs’ attorneys may file a motion with the JPML to establish an MDL. The process involves:
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Filing the Motion: Attorneys request consolidation, outlining the commonalities among cases.
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Defendants’ Response: Stryker can support or oppose the motion.
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JPML Hearing: The panel reviews arguments from both sides to assess whether consolidation serves judicial efficiency.
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Decision: If approved, the JPML assigns the MDL to a specific district court and judge.
This aspect of the Cartiva MDL timeline can take several months. Factors such as the geographic distribution of cases, the judges’ experience, and the potential impact on all parties influence the panel’s decision.
Implications for Plaintiffs
Individuals who have experienced complications from a Cartiva toe implant should consult with a personal injury lawyer experienced in medical device litigation. Legal counsel can provide guidance on:
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Evaluating Claims: Assessing the strength of the case based on medical records and existing evidence.
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Filing Procedures: Understanding the appropriate jurisdiction and timing for filing a lawsuit.
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MDL Participation: If an MDL forms, determining how it affects individual claims and the potential for settlement.
While Cartiva MDL formation has not yet occurred, the increasing number of cases and the recent recall suggest a growing momentum toward consolidation. Affected individuals should seek legal counsel promptly to navigate this evolving legal landscape and preserve their rights to potential compensation.