Cartiva Settlement Rumors Mount Again, as More Toe Implant Lawsuits Withdrawn and Trials Approach

While no official agreements to settle Cartiva lawsuits have been confirmed, a number of claims were voluntarily withdrawn shortly after they were filed, and at least one case is scheduled to go before a jury later this year.

After a number of recently filed Cartiva lawsuits were voluntarily withdrawn by the parties, speculation has emerged once again that the manufacturer of the toe implant may have reached agreements to settle certain claims, or enter into tolling agreements. However, at least two cases are still scheduled to go before juries later this year, involving allegations that the controversial device is unreasonably dangerous and defective.

The Cartiva is a synthetic cartilage implant (SCI) that has been used in recent years to treat hallux limitus or hallux rigidus, which occur when arthritis in the big toe leads to cartilage degradation. The device is a molded cylindrical implant made of polyvinyl alcohol-based hydrogel (PVA), which is placed in the first joint of the big toe, known as the first metatarsophalangeal joint.

While the Cartiva implant was marketed as a revolutionary alternative to big toe fusion surgery, many recipients have reported high failure rates, persistent pain, implant loosening, fractures and other complications that often require surgical removal and ultimately result in the need for fusion surgery, leaving the toe permanently immobile.

In October 2024, the high failure rates associated with the toe implant led to the announcement of a Cartiva recall by the manufacturer. This led to an influx of new Cartiva toe implant lawsuits being filed by individuals nationwide over the past year, each raising similar allegations that the manufacturer knew or should have known about problems with the device, but failed to adequately disclose the failure rate to patients or the medical community.

The litigation first emerged in late 2022, more than two years before the recall was issued, with a handful of complaints filed in different courts. However, initial speculation about potential Cartiva settlements emerged when several of those early cases were suddenly dismissed voluntarily in early 2023.

After a steady stream of new complaints were filed after the Cartiva implant was recalled in late 2024, it was widely expected that the litigation would move forward with coordinated discovery into what the manufacturer knew about the risks and when they knew it, followed by a series of public bellwether trials.

However, over the past few weeks, a number of these more recent Cartiva lawsuits have also been dismissed voluntarily by the plaintiffs, prompting renewed speculation that settlement discussions may be underway, or that the manufacturer may have agreed to enter tolling agreements with certain law firms, to prevent the filing of additional claims in Court.

On May 20, 2025, plaintiff Philippe Magloire moved to withdraw a Cartiva lawsuit (PDF) he initially brought only three months earlier. The dismissal was entered without prejudice, which would give him the ability to refile in the future. According to his original lawsuit, his Cartiva implant immediately caused worsening pain and decreased range of motion. It was later determined that the implant had failed.

Another motion to withdraw (PDF) was submitted by Joe Krolicki on June 2, 2025. Krolicki, of Illinois, filed his complaint in late March 2025, after his toe implant led to worsening pain and decreased range of motion. It was later determined that the implant had failed, and recommended the Cartiva toe be removed.

At least two recently filed Cartiva lawsuits have not been withdrawn, and are already scheduled for trials to begin over the next twelve months, which may further increase pressure on the manufacturer to negotiate Cartiva settlements if they want to avoid evidence being presented publicly in court.

The first Cartiva lawsuit trial is expected to involve claims brought by Bryan Hughes, of West Virgina, which is currently scheduled to go before a jury on October 28, 2025. That case involves allegations that a synthetic cartilage implant (SCI) placed in his big toe in 2019 failed, resulting in the need for the device to be removed in 2023. Hughes’ original complaint pointed out that the manufacturer was aware of at least 144 adverse events submitted by users involving the toe implant loosening or failing before the Cartiva SCI was placed in his body.

A second Cartiva trial is currently scheduled for February 2026, involving claims brought by Tammy May, of West Virgina, who indicates her implant failed just weeks before the recall was announced. However, on June 19, 2025, lawyers involved in that case filed a joint motion (PDF) to extend all pretrial deadlines by approximately five months, which could push the start of that trial back to August 17, 2026.

Although the outcomes of these trials will not be binding on other plaintiffs, they will be closely watched by those involved in Cartiva lawsuits, and the average jury payouts awarded may impact future settlement negotiations to resolve larger numbers of claims.

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