Q: I had the implant removed. Can I still file a claim?
A: Yes. In fact, having the device removed (revision surgery) is the strongest evidence that the device failed. We can use your medical records and pathology reports from the revision to substantiate your claim.
Q: I haven’t had revision surgery yet, but I’m in pain. What should I do?
A: First, see a doctor (preferably a new orthopedic surgeon for a second opinion) to assess the status of the implant. Second, contact us. You do not need to have had revision surgery to speak with us, but we need to establish that the device is failing.
Q: How much does it cost to hire Wilentz?
A: We work on a contingency fee basis. This means you pay zero upfront costs. We only receive a legal fee if we successfully recover a settlement or verdict for you. If we don't win, you don't pay.
Q: I live in California (or Texas/Florida/etc.). Can you help me?
A: Yes. The Cartiva lawsuits have been consolidated into a federal Multi-District Litigation (MDL). This allows us to represent clients from all 50 states.
Q: Is there a deadline to file?
A: Yes, every state has a "Statute of Limitations" (SOL). This is a strict time limit on how long you have to file a lawsuit after you realize you are injured. Because these laws vary by state, it is critical that you contact us immediately to protect your rights.
Joshua S. Kincannon
Shareholder
Lynne M. Kizis
Co-Chair, Mass Tort/Class Action Team
Shareholder