The first court hearing in the new consolidated litigation over the recalled Cartiva toe implant device will be held on August 26, 2026, before U.S. District Judge Kristine G. Baker in the Eastern District of Arkansas.
Why the Cartiva MDL Was Created
Our law firm filed a motion last year to combine the Cartiva lawsuits into a mass tort proceeding called an MDL, arguing that the growing number of patients seeking compensation for their failed Cartiva devices required a coordinated litigation in front of a single judge. The Cartiva lawsuits raise the same key questions, including:
- Was the Cartiva implant defective?
- Was it properly tested before being sold?
- Were doctors and patients warned about the risks?
- What did the company tell the FDA?
- What led to the October 2024 recall of the device?
Initial Hearing Agenda
Here are some of the topics to be discussed at the hearing on Aug. 26: (1) the timing of any motions that need to be resolved in the cases, (2) a plan for discovery that avoids duplication to the extent possible but does not unduly delay the continued progress of the cases where discovery is underway, and (3) a summary of the protective orders currently in place and proposals for such orders going forward.
The Difference Between an MDL and a Class Action
An MDL is different from a class action. While the cases are pooled in front of a single judge for pretrial proceedings, they remain individual lawsuits that will be evaluated on their own merits. Some cases will be stronger than others, and if the cases settle the values will be based on the facts and injuries of each plaintiff.
Free Consultation
If you or a loved one received a Cartiva implant and later had worsening pain or needed fusion or revision surgery, you may be entitled to compensation. It is critical to consult attorneys who are experienced with dangerous and defective medical devices. Our law firm currently represents more individuals with filed Cartiva toe implant lawsuits than any other firm in the nation. To review your case, contact the lawyers at Alex Davis Law or call 502-882-6000 to schedule a free consultation today.