Judge Orders Cartiva Implant Settlement Talks Before Trial in Aug. 2026

Testimony and evidence in the Cartiva lawsuit is expected to be similar to what may be presented throughout a series of claims brought by individuals who experienced complications after the toe implant failed.

The first Cartiva toe implant trial has been postponed until August 2026, after a federal judge granted a joint request to extend pretrial proceedings, and ordered the parties to engage in settlement talks over the next year to explore resolving the claim.

The Cartiva toe implant is a molded cylindrical implant made of polyvinyl alcohol-based hydrogel (PVA), which has been promoted in recent years as a revolutionary alternative to fusion surgery for individuals with hallux limitus or hallux rigidus.

However, design defects are now the subject of a number of Cartiva lawsuits filed by individuals throughout the U.S., each raising similar allegations that the manufacturer knew or should have known about risks associated with the toe implant, but failed to disclose the information to patients or doctors until a Cartiva recall was issued late last year.

While the implant was marketed as a breakthrough treatment option, high Cartiva failure rates have caused some users to experience severe toe pain, loosening of the implant and other problems, often resulting in the need for additional surgery that leaves them with a substantial loss of mobility.

In February 2025, U.S. District Judge Irene Berger of the Southern District of West Virginia announced that the first Cartiva toe lawsuit to go to trial will involve claims filed by Tammy May in December 2024, which is expected to be closely watched by other individuals injuried by the implant, since the case will involve testimony and evidence likely to be repeated throughout dozens of other claims. 

May indicates she received a Cartiva implant to treat degenerative arthritis in her big toe in April 2022. However, she had to have the Cartiva implant removed in October 2024, just a couple weeks before the Cartiva recall, following severe pain and restricted range of motion.

Judge Berger initially scheduled the trial to begin on February 9, 2026, but on June 19 the parties filed a motion (PDF) requesting a five-month delay in the trial date to give them more time to prepare the case to go before a jury.

“Good cause exists to amend the Scheduling Order to provide the parties with additional time to secure deposition dates of relevant witnesses. The additional time will permit the parties to coordinate and complete the depositions of relevant witnesses and obtain transcripts which are necessary for the parties’ expert disclosures and dispositive motions.”

–Parties’ Joint Motion To Amend Scheduling Order

In a first amended scheduling order (PDF) issued late last month, Judge Berger agreed to the extension, setting a new trial date for August 3, 2026, with a final pretrial conference scheduled for July 22, 2026.

However, Judge Berger also called for the parties to use the time to engage in mediated Cartiva settlement talks, which must be concluded at least 30 days before the pretrial conference. The order calls for the parties to submit a written status report within five days of completing the mediation, informing the court as to whether an agreement to settle the Cartiva lawsuit was reached.

Potential Cartiva Settlements

Following the 2024 recall of the Cartiva toe implant, a surge of lawsuits were expected to lead to coordinated discovery and public bellwether trials examining what the manufacturer knew about the implant’s risks and when. However, in recent weeks, several of these newly filed lawsuits have been quietly and voluntarily dismissed.

The abrupt withdrawals have prompted renewed speculation that Cartiva, Inc. may be entering into confidential settlement agreements or tolling arrangements with certain law firms. Such moves could be aimed at resolving claims outside of court or delaying additional filings while negotiations continue behind the scenes.

While no formal Cartiva settlement program has been announced, the pattern of case activity suggests that resolution talks may already be underway, potentially signaling a shift in how the manufacturer intends to manage the growing litigation.

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