Bard Implanted Port Catheter Lawsuit

January 20, 2024 | Attorney, Matthew Dolman

Lawsuits against Bard Access Systems, Inc., and its parent company, Becton, Dickinson & Co., are being filed for failure to inform and warn patients and healthcare professionals about the potential risks associated with the Bard PowerPort. The nationwide Bard Implanted Port Catheter Lawsuit involves patients who have reported dangerous conditions, such as blood clots and serious infections, after receiving a Bard PowerPort implant.

Patients who have been injured by the Bard PowerPort—which is widely used in chemotherapy treatments—are pursuing financial compensation for the damages they have suffered, including medical expenses, lost income, and physical and emotional distress.

Doctor Showing Bard PowerPort - Dolman Law Group

Bard PowerPort Lawsuit Updates

At Dolman Law Group, we have decades of experience helping injured people recover compensation from responsible companies that manufacture and distribute dangerous medical devices. We began monitoring the Bard PowerPort news before the first lawsuit was filed and before the federal cases were consolidated into a Mutli-District Litigation (MDL).

Bookmark this page and return often for the latest updates regarding the Bard PowerPort Lawsuit progress.

Second Flaw Found in Bard PowerPorts May Add New Plaintiffs to the MDL

January 17, 2024 - The Bard PowerPort multidistrict litigation has grown to include 73 claims, which deal with the fracturing and dislocation of the defective polyurethane catheter tubing. Plaintiffs assert that Bard manufactured weak tubing because they used an excessively high concentration of barium sulfate to the point where it was not dispersed evenly throughout the product. These Bard PowerPort users are seeking considerable damages after their broken implants caused them to develop blood clots, infections, and other serious injuries. 

Bard was aware of these risks and did not correct the design or warn patients and their providers. The other group of plaintiffs have leveled similar accusations of negligence against Bard Access Systems and its parent company. However, they sustained their injuries due to the deterioration of the port reservoir component of the implant, which relied on a questionable material known as polyoxymethylene to construct the port. The Judicial Panel on Multidistrict Litigation is set to address the topic of consolidating the new Bard PowerPort claims at the end of January.

New Bard PowerPort Infection Lawsuit Filed in MDL

January 9, 2024 - A Mesa, Arizona man recently joined the Bard PowerPort MDL, alleging he suffered a serious infection as a result of a PowerPort isp M.R.I. implantable port. He attributes his infection and related financial losses to port defects, including manufacturing flaws. The lawsuit is brought against Bard Access Systems, Inc., Becton, Dickinson and Co., C.R. Bard, Inc., and Bard Peripheral Vascular, Inc.

Attorneys Receive More Time to Submit a Joint Order Addressing Preservation of Evidence

January 5, 2024 - Requests to preserve evidence are an important tool that allows parties to ensure that relevant evidence is protected and disclosed. This evidence can include everything from internal memos and emails to device blueprints or financial statements. Plaintiffs will be looking for proof that Bard Access Systems failed to warn the medical community and the public at large about the increased risk of complications such as blood clots caused by their flawed port-catheter devices.

Judge Campbell has granted additional time to file a joint order on this topic, given the scope and gravity of the issue. A status conference is scheduled for January 8, 2024. In the past two months since the last status conference, fewer than a dozen Bard PowerPort lawsuits have been added to the MDL. 

71 Bard PowerPort Lawsuits Consolidated into MDL in 2023

December 26, 2023 - The Bard PowerPort MDL, located in the U.S. District Court in Arizona and overseen by Judge David G. Campbell, now includes 71 lawsuits. These cases, originally filed in various federal courts across the country, were consolidated into this MDL in September. The claims in these lawsuits are centered around similar complications experienced by plaintiffs due to the implanted port catheter system. The issues cited involve the degradation of barium sulfate particles from the Bard PowerPort, leading to device malfunctions or migration and, in some instances, particles entering the bloodstream, causing various severe health complications.

MDL Judge Enters Case Management Orders Regarding Discovery and Bellwether Trial Schedules

December 3, 2023 - Judge Campbell has issued several case management orders detailing the discovery process and timelines leading up to bellwether trials. These trials serve as test cases to help both sides assess jury reactions to the scientific evidence presented. The outcomes of these trials will guide potential settlements and resolutions of the cases. The discovery phase is scheduled from November 20, 2023, to January 31, 2025. Both sides will then submit expert reports, and the trials will likely start in mid-2025.

Bard PowerPort Lawsuit Master Complaint Approved

November 16, 2023 - The presiding MDL Judge has approved a master complaint form. Now plaintiffs can file their Bard PowerPort catheter lawsuits directly into the MDL without having to file in another federal court and request a transfer to the MDL.

Judge Campbell Requests Joint Order Regarding Protecting and Preserving Evidence

October 17, 2023 - Judge Campbell requested that the plaintiffs' and defense's counsel submit protective and preservation orders by October 27, 2023. He also instructed both sides to agree on a short-form complaint, facilitating direct filings of Bard PowerPort lawsuits into the MDL.

Appointment of Leadership in Bard PowerPort Litigation

September 19, 2023 - Judge Campbell appointed a leadership team for the port catheter MDL, including 39 lawyers on the plaintiff's steering committee for the Bard Implanted Port Catheter Products Liability Litigation. The team includes three lead attorneys, eleven attorneys as part of the Plaintiff's Executive Counsel (PEC), and twenty-five additional lawyers on the Plaintiff's Steering Committee (PSC) and its sub-committees.

JPML Creates an MDL for All Federal Bard PowerPort Lawsuits

August 8, 2023 - The Judicial Panel on Multidistrict Litigation (JPML) centralized all Bard port catheter lawsuits from federal courts nationwide into the U.S. District Court for the District of Arizona. The MDL was assigned to Judge David G. Campbell and titled the Bard Implanted Port Catheter Products Liability Litigation. We believe Judge Campbell was chosen because he has prior MDL experience from overseeing the Bard IVC filter MDL.

How Bard PowerPort Catheters Are Used

Bard Implanted Port Catheter Under The Skin - Dolman Law Group

To help administer medications, chemotherapy, or other fluids, doctors may implant the Bard PowerPort under the skin, usually into the chest or an arm. This catheter device has a port with one or two sealed basins for accepting an IV or injection.

From the port, catheter tubing enters into a central vein to allow the fluid to be pumped directly into the bloodstream. This method improves the way your system accepts the medication. The majority of the pending Bard PowerPort product liability lawsuits raise the legal theory that the catheter tubing is flawed because it can break off and cause pieces to enter the body or the tubing can become pitted, which can lead to infection.

The primary goal of a power port is to allow a healthcare provider to use a Huber needle to access the port while causing minimal pain for the patient. Huber needles are non-coring needles, and because of their smaller diameter, they don't cause as much pain for a patient who requires repeated access for medical providers to administer antibiotics or chemotherapy medications or withdraw blood on a regular basis. Without an implated port, patients must endure frequent large needle sticks, increasing their pain and discomfort.

These Bard PowerPorts also allow fluids to enter the patient's system at a faster rate. Because of this power injection capability, ports can also be used when the patient needs a Contrast-Enhanced Computed Tomography (CECT) scan. In these CT scans, contrasting fluid, which acts like a dye, is injected through the port to create a distinction during the scan, which allows providers a better view of problematic areas.

The Scientific Basis Explaining How Bard PowerPorts May Be Defective

Research is looking into a potentially dangerous design flaw in the Bard PowerPort polyurethane catheter tubing. To be curved into a blood vessel, this tubing must be flexible. However, it appears the combination of materials needed to make the tubing pliable damages its structural integrity. The catheter tubing created by Bard contains barium sulfate, which creates contrast during X-rays, along with polyurethane, which is a type of polymer most often used in the production of various foam products.

If these two materials are improperly mixed or combined, the barium sulfate can break down the polyurethane portion of the catheter. As the catheter fails, it may crack, causing parts of the tube to enter other parts of the body. Also, some patients have reported infections involving the power port that may have developed from small pits in the tube that collect and hold bacteria. In their lawsuits, plaintiffs have alleged the Bard PowerPorts contain too much barium sulfate and the catheter failed as a result.

This argument claims the concentration of barium sulfate was too dense to blend with the polyurethane, such that it was not evenly distributed. It is believed the design defect causes small pockets that damage the tubing and make the Bard PowerPort tubing more brittle not flexible, leading to breakage and further medical complications.

What Injuries Are Reported By Patients With Defective Bard PowerPorts?

Patients are reporting a variety of injuries and medical problems after receiving defective Bard PowerPort catheter implants. These problems can be serious, and some are even life-threatening. The injuries are allegedly related to decomposing tubing and parts of the device breaking away and ending up in different parts of the body where they must be surgically removed.

The dangerous device and product liability lawyers at Dolman Law Group are working with many clients whose power port devices fractured, failured, and led to broken pieces floating around their bodies. We believe these medical concerns are related to Bard's defective design and that Bard should be held responsible for our clients' damages.

Throughout the nation, many patients report cardiovascular damage after receiving these flawed ports. One of the main concerns related to these implantable devices is a greater risk of blood clots because clots can travel to important organs such as the heart, lungs, or brain and cause heart attacks, strokes, or other serious issues. At this point, patients have experienced several serious medical problems after receiving Bard PowerPorts, including:

  • Bacterial Infections
  • Deep Vein Thrombosis, frequently referred to as DVT
  • Vascular Damage
  • Cardiac arrhythmia, also known as an irregular heartbeat
  • Cardiac Punctures
  • Cardiac or Pericardial tamponade, pressure on the heart caused by too much fluid or blood
  • Organ Damage
  • Heart attack or myocardial infarction
  • Hemorrhages, a substantial blood loss from a damaged vessel
  • Hemothorax, or the pooling of blood between the lungs and chest wall
  • Pneumothorax, known as a collapsed lung
  • Hematomas
  • Pulmonary embolism
  • Pulmonary pseudoaneurysm, injured blood vessels in the heart
  • Stroke
  • Tachycardia, an accelerated heartbeat

Patients Who Receive Bard PowerPorts Face Extra Complications Because They Already Have Existing Health Problems

Most of the patients who receive Bard PowerPort catheters need them to receive medical care for serious conditions such as cancer. If a catheter tube malfunctions, these already weakened patients cannot fight a new problem or infection, and they are more likely to suffer greater damage as a result. For example, cancer patients who need a power port to receive chemotherapy treatments usually have weakened immune systems, so if a defective PowerPort causes an infection, their body can't fight back, and it could lead to a life-threatening situation.

If you suspect a Bard PowerPort has created additional medical problems, or if you or someone you love are injured by a catheter device, speak with a knowledgeable medical provider immediately. To learn more about your potential legal rights if you have been harmed by a defective Bard PowerPort, reach out to the compassionate and tenacious personal injury lawyers at Dolman Law Group as soon as possible.

Crucial Tip: Always seek medical care as soon as possible if you think you have been harmed by a defective medical device. There are two important reasons to consider. First, complications from defective medical devices can be extremely serious and may place your life or recovery in danger without proper medical treatment.

Second, if you wait to be treated, any delay might harm you if you pursue a personal injury claim. Insurance companies often try to challenge patients' credibility or reduce settlement offers by arguing the condition is not as serious as claimed. Also, without medical records and expert medical testimony to support a claim against a medical device maker, an insurance company may offer a lowball settlement or try to deny the claim entirely.

How Bard Buried Evidence About Critical PowerPort Issues

Plaintiffs who have filed Bard PowerPort lawsuits have claimed the manufacturer intentionally withheld crucial information it knew about the defective catheter tubing used in the PowerPorts. Specifically, when medical providers discovered their patients were experiencing blood clots and infection problems after the device was implanted, they connected the issues to the deteriorating catheter tubing. Many of these professionals reported these adverse events to Bard Access Systems and its parent company, Becton Dickinson & Company.

In fact, these adverse events have been repeatedly reported to Bard Access Systems ever since Bard PowerPorts became available for public applications more than 20 years ago. Also, similar port catheter product users have reported considerably fewer complaints, which reinforces the legal theory that Bard knew or should have reasonably known that its PowerPort catheter tubing was dangerous. Yet, Bard never warned anyone about these potential dangers.

Did Bard Evade Accountability for Decades?

After it received notification of potentially harmful defects from physicians, it appears Bard failed to mention any device problems. Bard also received special clearance from the FDA to market its PowerPort catheter devices without the normal level of testing required for other medical devices.

The Bard PowerPort actually received early FDA approval (without the usual level of testing) under the agency's §510(k) provision because Bard's device was considered similar enough to other port devices that had already received FDA approval. Bard was basically allowed to circumvent standard FDA testing and reporting protocols that likely would have required public disclosure of the adverse event reports.

Instead of taking responsibility and issuing a recall or a warning, Bard Access Systems and its parent company did not warn medical providers or patients while continuing the production and distribution of defective PowerPorts. It is also believed that Bard inaccurately claimed that the problems associated with the catheter tubing were caused by surgical error. We expect this conduct will likely be used against Bard to prove liability in the personal injury lawsuits filed against this negligent company.

Bard PowerPort Lawsuits Allege Failure to Warn and Defective Design Issues

To succeed in a product liability lawsuit and receive compensation for related damages, a plaintiff must prove additional requirements beyond those required in an average personal injury lawsuit. The alleged injury must be caused by a harmful defect and must be linked to:

  • A design problem
  • Improper manufacturing practices
  • Careless or negligent product distribution or
  • The manufacturer failed to warn the public about the risks and dangers associated with its product

In the Bard PowerPort claims, we believe injured plaintiffs might argue several legal theories to hold Bard Access Systems liable for the injuries caused by its product.

A Bard PowerPort Lawsuit Might Be Based on Defective Product Arguments

As mentioned above, since the polyurethane catheter tubing was poorly designed and the ratio of the two main ingredients was incorrect, these two errors could render the product defective. In addition, the manufacturing process did not address these errors, which means the catheter tubing was inclined to break down. Finally, Bard Access Systems and its parent company did not warn the medical community or patients about the known problems and potential dangers associated with their PowerPorts.

Companies that produce medical devices have a legal responsibility to warn prescribers and users about dangers the company knew or should have known about. Specifically, Bard had the legal obligation to warn about the potential trouble their polyurethane catheter tubing could cause,

When the maker of a faulty product fails to meet their duty of care to consumers by creating a dangerous product and concealing harmful defects, they can be held liable and ordered to compensate injured users for the damages they experienced after being harmed by the defective medical device. Under product liability theories of law, injured plaintiffs are protecting their rights to seek compensation in the Bard PowerPort multidistrict litigation.

Which Damages Are Available in a Bard PowerPort Lawsuit?

Because the potential injuries involved in a product liability claim related to implanted catheters can be life-threatening, the damages these patients face can be extensive. Patients injured by Bard PowerPorts may suffer extensive medical costs caused by defective catheter tubing, including serious infections, blood clots, organ damage, and permanent disability caused by a stroke.

In general, product liability lawsuits allow an injured party to seek compensation for both economic and non-economic damages. The legal theory is an injured person has the right to compensation that will return them to the same position they were in before they were injured by a defective medical device. However, that usually can't happen. Instead, our goal at Dolman Law Group is to fight for the maximum amount of compensation possible to help our clients move forward and have the best life possible after suffering an injury caused by someone else's negligence.

The Most Common Damages Suffered by Implanted Port Patients

If your Bard catheter tubing splintered or parts of your port moved from the original implant location, you are likely facing bills for additional medical treatment to repair the damage or remove the broken pieces. You've probably missed work because you needed extra medical care or time off to recover, and you may be dealing with other unexpected expenses.

We know these financial costs can add up, but we also know how to demand payment on your behalf in the form of economic damages. We also understand how intangible injuries, like stress and pain, can affect your life, and we'll fight to recover these non-economic damages for you as well. Injured plaintiffs in a Bard PowerPort lawsuit may recover payment for:

  • Medical bills
  • Lost wages
  • The cost of removing a failed port and implanting a new port
  • Pain and suffering
  • Loss of quality of life
  • Wrongful death if the failed port caused someone's death

Why You Should Have a Bard Powerport Lawyer Fighting For You

If you have a Bard PowerPort, you were facing serious medical issues before you received the catheter port. The personal injury lawyers at Dolman Law Group work with many people who were already dealing with serious health issues like cancer before a defective medical device worsened their condition. If you experienced an additional injury because of a defective PowerPort, you shouldn't have to expend the time or energy needed to effectively represent yourself in a product liability claim.

Dolman Law Group's legal team offers the experience, skill, and resources you need to to successfully navigate the personal injury claims process. We can bring you peace of mind during your complicated situation and allow you to focus on your physical and mental recovery while we handle the legal challenges.

Like all businesses, medical device companies are in business to make a profit and protect their reputation. Accepting fault in a product liability lawsuit does not further those goals. To protect their financial interests, companies like Bard Access Systems and Becton Dickinson & Company, along with their insurance companies, keep an aggressive legal team on salary. You'll need a fierce team of personal injury lawyers in your corner fighting back to ensure you receive the compensation you deserve.

Hiring an award-winning product liability attorney to represent your case proves to the defendant's legal team that you are willing to fight for a settlement or verdict to cover your specific losses. When we work together, we typically won't accept the first offer just to resolve the case quickly. We are ready and willing to fight to protect your rights and not back down against big corporations and insurance carriers.

Our personal injury lawyers have extensive experience negotiating defective medical device claims, unlike many other law firms. Using our decades of skill, our goal is to ensure your claim is protected and fairly compensated. Our team has successfully represented clients seeking payment for medical device injuries like metal-on-metal hip implants and CPAP breathing machines, and we are not afraid to take on big medical device makers like Bard Access Systems.

When you partner with our defective medical device lawyers, we will work tirelessly to build a solid claim for the compensation you need by showing how the defendant was negligent, proving that they are liable for your losses, documenting your financial damages, and strategically advocating for the best possible settlement or verdict.

Contact the Experienced Bard Powerport Lawyers at Dolman Law Group to Discuss Your Bard PowerPort Lawsuit

Patients should be able to trust that the medical devices used in their care are safe and effective, but we know this is not always possible. The Bard Powerport catheter has harmed the health and finances of numerous vulnerable patients, and the manufacturer should be held responsible for failing to correct the defects or warn the public about the risks.

When a company like Bard Access Systems prioritizes profits over patient safety, it should be held accountable for the harm it created. Dolman Law Group's team of accomplished medical device lawyers will gather the evidence needed to show that Bard's negligence led to life-altering injuries that unfairly harmed already sick patients and caused additional medical bills, lost wages, pain and suffering, and other damages, including emotional distress.

We are following the Bard Powerport multidistrict litigation as it is quickly progressing. With the leadership structure in place, now is the time to begin preparing your claim. Our team of Bard PowerPort lawyers can guide you through the personal injury claims process to help you secure a fair resolution. Call 866-535-9515 or complete our simple online form for a free consultation with one of our knowledgeable personal injury lawyers today.

Choose Dolman Law Group to Handle Your Bard PowerPort Lawsuit

If you choose Dolman Law Group to handle your Bard PowerPort lawsuit, you will work with an experienced, dedicated legal team whose only mission is to represent you.

Dolman Law Group has a solid reputation for success in complex product liability cases, particularly those involving medical devices, defective drugs, and other serious product liability cases. Our attorneys possess a deep understanding of the intricacies involved in these lawsuits, and we'll ensure your case is handled with the utmost professionalism and attention to detail.

With our proven track record of securing favorable outcomes for our clients, you can rest easy knowing we are committed to achieving justice and fair compensation for you. When you work with Dolman Law Group, you receive personalized care, transparent communication, and a relentless pursuit of your legal rights. Consider us an ideal choice for navigating the complexities of your Bard PowerPort lawsuit.

 

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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