Cartiva Toe Implant Lawsuit Filed Over Worsened Pain, Reduced Range of Motion and Need for Surgical Removal

An Illinois man has brought a product liability lawsuit against the makers of the Cartiva toe implant after the device failed, leaving him in increased pain and facing the need for surgery that could leave his big toe permanently fused in place.

The complaint (PDF) was filed by Phillipe Magloire in the U.S. District Court for the Northern District of Illinois on February 6, naming Cartiva, Inc. as the defendant.

The Cartiva SCI (Synthetic Cartilage Implant) is a molded cylindrical device constructed of polyvinal alcohol-based hydrogel, which has been promoted for use during foot surgery among individuals experiencing hallux limitus or hallux rigidus, which are types of degenerative arthritis in the first joint of the big toe.

The Cartiva implant was approved by the U.S. Food and Drug Administration (FDA) in 2016, based on clinical trials which only showed a 13% failure rate. However, since the device has been on the market, evidence has pointed to significantly higher Cartiva foot surgery failure rates.

A growing number of Cartiva toe lawsuits, like Magloire’s, have been filed in recent months, alleging that the manufacturer failed to properly design and test the implants.

Last November, the manufacturers announced a massive Cartiva recall, acknowledging for the first time that their product was associated with “higher-than-expected” rates of complications among users, many of whom are now pursuing their own lawsuits against the manufacturer, after experiencing painful and debilitating injuries, which typically result in a permanent loss of mobility.

Magloire indicates he received his Cartiva toe implant in November 2017 to treat discomfort in his big toe joint. However, after the surgery he began experiencing worsening pain and decreased range of motion, the opposite of what the implant was supposed to do.

Doctors gave Magloire steroids to treat the pain, but after the injections wore off the pain not only returned, but got worse, according to the lawsuit. It was later determined that the Cartiva SCI had failed.

“Plaintiff continues to receive intermittent steroid injections to moderate his pain and is holding off on the recommended fusion surgery as long as possible,” the lawsuit notes. “As a result of the Cartiva SCI failure, Plaintiff has experienced extreme pain and physical limitations and ongoing medical care, including numerous steroid injections and orthotics.”

Magloire indicates the manufacturers failed to adequately test the implant, failed to properly design the Cartiva SCI, and did not inform patients or the medical community of its high failure rate. He presents claims of strict product liability and negligence.

Cartiva Toe Implant Lawsuits

Following last year’s decision to remove the big toe implant from the market, Magloire’s complaint is one of a surge of Cartiva toe lawsuits now being pursued by individuals nationwide.

Cartiva toe implant lawyers are providing free consultations and claim evaluations to help individuals nationwide determine whether they may be eligible for financial compensation for injuries that may have been avoided if the manufacturers had accurately disclosed the Cartiva foot surgery failure rates.

Claims are being investigated for individuals who received the big toe implant and experienced any of the following complications:

• Implant Failure/Fracture
• Subsidence (implant sinks into the bone)
• Toe Fusion Surgery
• Replacement Surgery
• Revision Surgery

All claims are being pursued by Cartiva recall lawyers on a contingency fee basis, which means that there are no fees or expenses paid unless a Cartiva settlement or lawsuit payout is received.