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 definitely need to be in on this suit & still have the boot. I knew there was a problem with the height difference but the E.R. tech swore it didn’t matter. Please help us. As I’m going down on pain medicine as I don’t want to live on such a high dose just to function. As the pain medicine decreases the pain in the hip increases.I don’t want to go up but I’m gonna have to put the meds on a hold. Please help us this product does more damage than the initial injury. I’m begging you to get this garbage off the market please?
I would like to join. Ive had problems with sciatica and a herniated disk after this off and on over 7 years for recurring ankle injury. Third time around I found the even -up.
Hi
I would like to share a similar problem.
After 6 weeks of wearing the boot for a sprain ankle, I started having pain in my lower back and hip. Few weeks after (few days ago) I ended up at the ER with an excrutiating pain in my lower back and paralysie of my entire leg.
MRI shows a Hernial Disc
I can feel my hip is not a the right place. I am so worried
I am having a steroid treatment for 2 weeks and wait for the spinal specialist to see what is the next step.
I feel that if we don’t treat the hip problem nothing is going to change.
Does anyone have a solution ?
thank you
I was prescribed a walking boot for a broken foot in May 2016. I was in the boot for 11 weeks and I was never recommended any kind of riser for my other foot. A year later I was having surgery for a severely ruptured disc. I am now about to go in for a spinal fusion surgery to hopefully reduce my pain by 75-85%. Based on that outlook, I have permanent damage to my back which results in increased medical bills. I’m having to take 6 weeks off of work to have this surgery. Due to Covid, my company is at risk of going out of business. If it goes out of business during my 6 week recovery, I will be jobless with no ability to get another job until I recover. All because I was not told a proper way to minimize the risk of secondary injuries due to the boot.
WHAT DO I HAVE TO DO TO JOIN IN THIS CLASS ACTION????????????
I had to wear am air cast for about 7 months after triple arthrodisis surgery on my left foot. Now about 2 months after talking the boot off I have constant bad pain in my right hip/groin area. Am supposed to start physical therapy for this.
over a year has passed and I am still suffering from the herniated disc from wearing this boot.
I am highly active, and have been in several ‘moon’ boots and casts, as well as surgeries from sports and military. I have always recovered well with proper rehabilitation. Never have I had a recovery problem until I was given an Aircast for a broken toe from my podiatrist. I wore it according to the use of the product but still developed a DVT, and a PE. Is there research that this product increases the chance of DVTs and PEs, even if you use it according to the manufacturer?
I’ve been in a walker boot for over 60 days for a right ankle injury and it has caused unbearable pain in my left knee and swelling is this cause apart of the lawsuit
I had surgery on my ankle, I’ve been in the air Walker for 3 weeks now after the hard cast and I was very much mobile but now due to the size difference with the bit causing strain on my knee, I am basically immobile again. The pain it has caused is hardly bearable
I had fractured my right heel.
I wore a walking boot for 4-6 weeks Since I have taking it off I am now having pain in right thigh area in the muscle.
It mainly bothers me when I set for along period of time and go to move my leg. It like it is stiff.
Someone pls tell me what to do.
I go back to the Dr in September. But ,it would have to be under a different type of visit Am I apart of this case.
Thanks.