A man who says he developed a herniated disk after using a walking boot for an injured leg has filed a class action lawsuit against the device maker DJO Global Inc.
Lead plaintiff Daniel Dreifort alleges in his class action lawsuit that the thick-soled walking boot, the Aircast boot, can lead to misalignments in patients, and even lengthen the leg of the wearers.
The plaintiff says that DJO is aware of the problem and offers an insert called “Evenup” to help mitigate the problems, but he was not informed of Evenup when he started using the boot.
“The thick sole is approximately 1-2 inches thick resulting in one leg being longer than the other, aka leg length discrepancy,” contends the walking boot class action lawsuit. “Walking in the boot causes knee, hip, and back pain. In at least one case, the boot has caused permanent injury resulting in a hip replacement operation”
Dreifort says that he was prescribed the DJO walking boot to help him recover from an ankle injury; however, he developed a herniated disk in his back instead.
The DJO walking boot class action lawsuit alleges that the sole of the boot promotes an uneven gait, leading to his herniated disk and other problems for other patients.
“It does not minimize hip differential, it causes hip differential,” explains the DJO walking boot class action lawsuit. “It’s not smart healing with every step.”
The walking boot is sold both through medical offices and directly to consumers, according to the class action lawsuit. DJO touts the device as “Smart Healing with Every Step.”
According to the DJO walking boot class action lawsuit, the medical device company was aware of the complications caused by the boot but failed to warn Dreifort and other consumers.
The plaintiff points out that the Evenup device meant to correct the differential that led to his alleged injury was not provided to him when he purchased his DJO walking boot.
“DJO should warn consumers of the danger, sell its thick sole walking boot together with the Evenup as a complete package, reimburse defrauded customers (cost to repair), and create a conspicuous webpage to process past personal injury claims in good faith,” alleges the walking boot class action lawsuit.
The class action lawsuit alleges that DJO may have a darker incentive not to inform patients of the potential for injury from the walking boot – to increase the need for knee and hip implants also produced by the company.
“DJO had knowledge of the false and misleading representations when they sought to profit by selling a product solely intended to fix a problem the created and they failed to disclose. DJO profits when consumers suffer from knee, hip, and back injuries, because they are able to sell their other products such as surgical implants at an alarming rate,” alleges the DJO walking boot class action lawsuit.
The plaintiff seeks to represent consumers who purchased a DJO, broken up by subclasses depending on when the device was purchased.
Dreifort and the proposed Class are represented by Scott Sanborn of The Law Office of Scott Sanborn.
The DJO Walking Boot Class Action Lawsuit is Dreifort v. DJO Global Inc., et al., Case No. 3:18-cv02393, in the U.S. District Court for the Southern District of California.
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37 thoughts onAircast Walking Boot Causes Further Injuries, Class Action Says
I was in one after I fractured my foot. My back started hurting so bad I went to the doctor and found out that my L4 disc slipped onto my L3. I have painful sciatica that the Dr’s can’t do anything for. Here I am a month later and my L5 disc slipped and compressed the nerve leading to my right foot. I can barely wiggle my toes, my foot won’t move and I can’t even drive. My MRI is scheduled for tomorrow and I have a consultation with an orthopedic surgeon next week. I’m only 42 and in perfect health before this boot. My own Dr confirmed that the boot altered my gait and caused this hell I’m in now.
I’m so sorry. I was given the same boot about two months ago and currently am experiencing neck and back pain like I have never felt before. It has been four days now and I don’t even know what to do with myself. All I know is that if this damage to my back as well into my disks..something has to be done. I’m 42..as well.
I crushed my foot at work in March and they put me in a fracture boot and it made my back hurt worse and constant pain. I ended up finding out I have a herniated disc and narrowing of my spine
I was in the boot for 15 weeks on my right leg that had a hip replacement years prior.
Now my replacement hip hurts and my left knee. This led to an entrapment of the paroneal nerve and put me in the hospital for 14 days. Like other patients, if I would have been advised I never would have been as active while wearing the boot. Now it will be a lifetime of pain.
Used the boot for 3-6 months following ankle fractures 10-16-20. Developed sciatica. Would like to join class action suit. Severe pain persistent. Appointment with neurology early Sept 2022
After wearing the boot for about 3 months and a uneven shoe for another 2 months I have developed severe knee pains have not seen a doctor yet but would like to talk to a law firm.
I’m in a boot now and my knee started hurting about a week ago. I’m supposed to try to walk in the boot but the knee pain is too much for me to walk.
I had to wear one for 6weeks for a 3rd degree ankle sprain now I am suffering with permanent hip pain and I am in agony.
I wonder what i can do from Australia. I had to wear boot for 3 months , after that , they told me to take it off , when i did , huge lump appeared on my lower back on spine . I was in excruciating pain for 2 weeks . I had to lay down when i went for doctors appointment . To this day i had no idea how i drove there and get out of the car .
Becouse i had to wear boot for such a long time i developed arthritis as well in my ankle . I was always such an active person , i cant even go for walk with dogs now . I wake up in a middle of the night, pain in ankle , hip , knee and back . I cant sit for long , stand , walk . I also lost my job. Sometimes i thinking whats the point
One similar to yours I was in the cast for almost a year I’m still in in and out of it I’ve been having a lot of pain in my ankles I can’t walk anymore after push myself to walk or my back just gives out on me completely I’ve been doing therapy but it’s not helping
I was also hurt by this walking boot. I found the even up online and tried it. It was no help. I went to the same doctor and explained the problem I was having, what could I do. All he said was I don’t know what you want us to do about it? My back hurts so bad I can’t even stand. I am out of work also now. The did not tell me about the even up, I found it on my own and it did not help. I want in on this class action suit also.
This was the exact repose that I got from my doctor, “What do you want us to do”. I wish I was told about even up before I got the boot so it would have given me a chance.
I had a procedure done in a foot doctor for Plantar Fasciitis and wore a boot for 3 months straight. This was back about 4 years ago and my issues have only gotten worse. I can’t walk without pain in my leg, back, and hip. I have been to stretch labs and in the gym to strengthen by adductors and nothing is working. How do I get in this suit?
Why is no one responding to anyone’s comments??
Am thinking same . Noone got any reply