A panel of judges will hear arguments in the coming weeks to decide if the growing number of Cartiva toe implant cases should be bundled together in a single federal court.
The legal team at Alex Davis Law Office filed a motion with the Judicial Panel on Multidistrict Litigation earlier today seeking to consolidate all pending lawsuits for pre-trial proceedings in early 2026. Our motion argues that consolidation will result in greater efficiency, and reduce the chance of contradictory rulings by different judges presiding over similar cases. Here is an excerpt from our brief:
“All of the plaintiffs with pending lawsuits against Cartiva allege the same operative facts, specifically that they were surgically implanted with the Cartiva synthetic cartilage device, that it failed prematurely due to loosening, shrinkage and/or subsidence, and that the failure of the recalled device forced them to undergo a painful and risky second surgery. Plaintiffs have also asserted the same legal theories of liability, including negligence, failure to warn, breach of express and implied warranties, strict liability and design defect.”
If the panel decides to consolidate the lawsuits, they will remain individual cases. A mass tort proceeding like this is different from a class action lawsuit, because each person is affected by the failed device in different ways. Most patients are forced to have the Cartiva removed during a separate surgery called toe fusion. The device often fails because it shrinks in the toe cavity, causing painful inflammation and loosening.
Our law firm represents dozens of injured Cartiva toe implant patients all over the country, and we have filed lawsuits against the manufacturer in Maryland, Pennsylvania, North Carolina and Kentucky.
Cartiva injuries explained
The Cartiva is made of polyvinyl alcohol (PVA) hydrogel, which is supposed to act like natural cartilage. But after many of the devices didn’t perform properly, the Cartiva was recalled in October 2024. More than 22,000 people received the implant starting in 2016.
Call us for a free case evaluation
If you or a loved one suffered injuries from a Cartiva toe implant, you may be entitled to financial compensation. To review your case, contact the lawyers at Alex Davis Law or call 502-882-6000 to schedule a free consultation today.