Nearly 40 Lawyers Seek Leadership Positions in Bard PowerPort MDL

September 20, 2023 | Attorney, Matthew Dolman
Nearly 40 Lawyers Seek Leadership Positions in Bard PowerPort MDL

The Bard PowerPort is a port catheter device implanted under the skin that allows a catheter to deliver medication, fluids, and blood intravenously. However, design and manufacturing flaws make the product weak and able to break down once implanted in the body.

When a catheter breaks down inside someone’s body, it can lead to severe health issues like blood infections, lacerated blood vessels, and hematomas. For this reason, many Bard PowerPort consumers have filed Bard Powerport lawsuits against the manufacturers, Bard Access Systems Inc. and Becton, Dickinson and Co., to hold them accountable for exposing consumers to severe health risks.

Bard PowerPort lawsuits have recently consolidated into a multi-district litigation (MDL) before Judge David G. Campbell in the District of Arizona. While Judge Campbell continues to determine the organizational structure of the MDL, the plaintiffs have submitted a proposed selection of about 40 lawyers to represent the plaintiffs as the Leadership Committee.

The Proposed Structure for the Leadership Committee in the Bard PowerPort MDL

A Bard PowerPort multi-district litigation (MDL) has formed in the District of Arizona, allowing for consolidation of all federal Bard Powerport lawsuits regarding injuries caused by Bard PowerPorts. MDLs can help plaintiffs by streamlining the discovery process, allowing the sharing of resources, and providing the financial benefit of a global settlement.

Most MDLs also have a Plaintiff Leadership Committee, which comprises numerous lawyers that help coordinate the litigation. The plaintiffs believe that appointing attorneys to leadership positions will “promote efficiency and organization on the plaintiffs’ side of the case.” Bard PowerPort lawyers submitted a proposal for a leadership structure for the MDL that would include nearly 40 lawyers, each filing unique roles in the MDL.

The following is the proposed structure for the Bard PowerPort Plaintiff Leadership Committee:

  • Three lawyers serving as the plaintiff’s co-lead counsel
  • Eleven lawyers serving on the Plaintiff Leadership Committee
  • Thirteen lawyers serving on the Plaintiff’s Steering Committee
  • Twelve lawyers for the sub-committee
  • Two lawyers in the Plaintiff Leadership Committee serve as liaison counsel

Who Would Serve as the Bard PowerPort MDL Co-Lead Counsel?

In the court filing from the Bard PowerPort plaintiffs, they suggested three lawyers serve as the co-lead counsel for the MDL: Adam M. Evans, Rebecca Phillips, and Michael Sacchet. These three lawyers have extensive experience in mass tort litigation and can help to “advance the efficient and effective operation of the MDL.”

Each lawyer has vast product liability litigation that can help them represent the interests of all plaintiffs in the MDL. They each have an authoritative voice, experience litigating mass torts and product liability cases, and can speak to the medical and scientific issues underlying this case.

How Do The Plaintiffs’ Executive Committee and Steering Committee Help Bard Powerport Lawsuit Plaintiffs?

The Plaintiff’s Executive Committee (PEC) is comprised of eleven experienced attorneys who will represent the collective interests of the plaintiffs during litigation. Their nomination to the committee is based on their qualifying for the criteria outlined by the Federal Judicial Center’s Manual for Complex Litigation. This includes providing effective supervision, cooperating with the court, and developing and acting out a comprehensive litigation plan.

The Plaintiff Steering Committee (PSC), comprised of thirteen Bard PowerPort lawyers, helps to handle the pre-trial phases efficiently. The PSC must handle discovery, share findings with the plaintiff’s independent counsel, gather evidence, interview expert witnesses, take depositions, and draft briefs regarding updates affecting plaintiffs in the Bard PowerPort MDL.

Bard PowerPort Plaintiffs Suggest Creation of Eight Additional Committees

In the Bard PowerPort leadership structure court filing, the plaintiffs also suggested the creation of eight separate committees. Each of these committees would include other Bard PowerPort lawyers who could handle the specific processes necessary for the MDL.

The following are the additional eight committees suggested by Bard PowerPort plaintiffs:

  • Discovery
  • Law and Briefing
  • Science and Experts
  • Litigation Management
  • Trial
  • Regulatory
  • Settlement
  • Common Benefit

Why are Consumers Filing Lawsuits Regarding Defective Bard PowerPorts?

The Bard PowerPort is a port catheter device with an injectable port and attached catheter that can carry blood, fluids, and medicine into the body. The catheter is made of polyurethane and barium sulfate with an unstable mixture that can affect the structural integrity of the tube.

Plaintiffs in Bard PowerPort litigation suggest that this design defect has led to the catheter breaking down while implanted into people’s bodies. This has caused severe health issues, such as deep vein thrombosis (DVT), organ and tissue damage, cardiac arrhythmia, blood infections, etc.

Those who suffered severe health issues from the defective medical device filed product liability lawsuits with the manufacturers of the port catheter product: Becton, Dickinson, and Co. and its subsidiary, Bard Access Systems Inc. In August 2023, the Judicial Panel on Multi-District Litigation (JPML) agreed to consolidate the Bard PowerPort MDL before Judge David G. Campbell in the District of Arizona. As of writing, there are 50 cases pending in the Bard PowerPort MDL.

What Comes Next for Plaintiffs in the Bard PowerPort MDL?

The Bard PowerPort MDL is still in its early stages, as it just formed as an MDL earlier this year. There are many stages still left before any plaintiff can begin thinking about a settlement. Judge Campbell still has to agree to the leadership structure presented by the plaintiffs.

Once a leadership structure is established in the MDL, the MDL will move into the preliminary discovery process. Both sides will seek evidence to prove their case. After both sides collect the necessary evidence, the MDL can enter the bellwether trial phase.

This is when the MDL judge will select a few cases that can serve as a test trial, where the plaintiffs and defendants can see how a jury responds to the facts of the case. From there, both sides can begin settlement negotiations. However, it’s possible this can still be years away.

Contact Dolman Law Group for Help With Your Bard PowerPort Lawsuit

The product liability lawyers at Dolman Law Group have experience helping those injured by defective and dangerous products, such as hair straighteners, AFFF firefighting foam, and Tylenol. They can use their expertise to help put you in a position to recover fair compensation for damages, such as medical bills, lost wages, and pain and suffering.

Take advantage of Dolman Law Group’s free consultations to learn how our product liability lawyers can help you join the Bard PowerPort MDL and represent your interests in the consolidated lawsuit. Contact us for a free case evaluation at (866) 995-2950 or by completing a contact form online.


Matthew Dolman

Personal Injury Lawyer

This article was written and reviewed by Matthew Dolman. Matt has been a practicing civil trial, personal injury, products liability, and mass tort lawyer since 2004. He has successfully fought for more than 11,000 injured clients and acted as lead counsel in more than 1,000 lawsuits. Always on the cutting edge of personal injury law, Matt is actively engaged in complex legal matters, including Suboxone, AFFF, and Ozempic lawsuits.  Matt is a lifetime member of the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum for resolving individual cases in excess of $1 million and $2 million, respectively. He has also been selected by his colleagues as a Florida Superlawyer and as a member of Florida’s Legal Elite on multiple occasions. Further, Matt has been quoted in the media numerous times and is a sought-after speaker on a variety of legal issues and topics.

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