One of those complaints was filed by Tammy May in December, who received a Cartiva implant to treat degenerative arthritis in her big toe in April 2022. However, after experiencing severe pain and restrictions on her range of motion, the West Virgina woman had to have the Cartiva implant removed on October 9, 2024, weeks before the recall was announced.
May argued that the manufacturers knew for years about Cartiva implant injury risks, but sat on that information for as long as they could to increase profits. She will now have an opportunity to present evidence in her case at trial late next year.
Cartiva Implant Injury Trial
In a scheduling order (PDF) issued on February 12, U.S. District Judge Irene Berger of the Southern District of West Virginia announced that May’s case will go before a jury on February 9, 2026.
The pretrial schedule calls for all discovery requests to be completed by August 22, 2025, with depositions completed by October 3. Dispositive motions and motions seeking summary judgment must then be filed by the parties by October 24.
Judge Berger has also ordered the parties to hold Cartiva settlement meetings, and to work with a mediator in advance of trial. However, if this does not lead to a resolution, the parties will meet in a pretrial conference on January 28, 2026, before jury selection begins about two weeks later.
May’s lawsuit is unlikely to be the first Cartiva implant injury claim to go to trial, as another claim filed by Bryan Hughes is scheduled to go before a jury on October 28, 2025. It is unclear if any other Cartiva claims have been slated for trial.
Cartiva Recall Lawyers
Following the decision to remove Cartiva implants from the market, a growing number of individuals are now reaching out to lawyers to determine whether they may be eligible for financial compensation through a Cartiva injury lawsuit, claiming that they may have avoided painful complications or the need for additional surgery if manufacturers had accurately disclosed the implant’s 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
Cartiva recall lawyers provide free consultations and claim evaluations, with all claims being pursued on a contingency fee basis, which means that there are no fees or expenses paid unless a Cartiva settlement or lawsuit payout is received.