Port Catheter Lawsuit | Bard PowerPort Lawyers
Hundreds of port catheter lawsuits have been filed in U.S. courts against C.R. Bard (now Becton, Dickinson and Company), the manufacturer of the Bard Powerport. The Bard PowerPort lawsuits allege design and manufacturing defects can cause port catheter fractures and migration, resulting in blood clots, infection, and other severe injuries.
If you or someone in your family received a Bard implantable port catheter during chemotherapy or for other treatments and later sustained blood clots or other side effects, you may have a lawsuit against Bard. The easiest way to see if you qualify for a Bard PowerPort lawsuit is to fill out our case evaluation form.
The defective medical device attorneys at Wisner Baum offer free Bard PowerPort case evaluations. These cases are litigated on a contingency fee basis, which means the law firm only earns fees if you are compensated for your injuries.
Wisner Baum is currently accepting port catheter cases for people harmed by a Bard PowerPort implant. You can contact our Bard PowerPort lawyers today at 855-948-5098 for a free consultation, or fill out our contact form to see if you qualify for a lawsuit.
Information on the Bard PowerPort Lawsuit
Click on the links below to learn more about your legal rights in the PowerPort lawsuits.
June 17, 2024: The Bard PowerPort litigation continues to grow. Another lawsuit was added to the MDL earlier this month alleging a Bard Power Port fractured after it was implanted. Port catheter fractures can cause significant injuries, including cardiac perforation, thrombosis, embolism, dysrhythmia, endocarditis, and other serious side effects. A total of 232 port catheter lawsuits are pending in the federal MDL.
April 1, 2024: We have an updated case total for the Bard PowerPort MDL. There are now 154 total lawsuits filed in the litigation. In other news, attorneys are also filing port catheter lawsuits in state court. Two dozen lawsuits are pending in New Jersey state court.
February 26, 2024: The next status hearing in the PowerPort MDL will take place on Friday, March 1st. In other litigation news, two suggestion of death motions were filed this month in the MDL. These motions formally tell the court that a plaintiff in the litigation has passed away. Some procedural changes will be required in these cases, including updating the names of the plaintiffs and the counts on the complaints will now include wrongful death and survival action.
February 1, 2024: Nearly 100 PowerPort lawsuits have been filed in the MDL. We should have another update on the Bard lawsuits in the coming weeks.
December 17, 2024: There are now 69 BardPort lawsuits filed in the MDL.
September 20, 2023: When the Bard MDL was formed, there were roughly 10 PowerPort lawsuits. Today, over 50 lawsuits are pending in the MDL with more filed every day. PowerPort lawyers believe this litigation could include hundreds of lawsuits in the coming months.
August 13, 2023: The Judicial Panel on Multidistrict Litigation (JPML) issued an order consolidating federally filed Bard PowerPort lawsuits in an MDL. The port catheter lawsuits will be consolidated before U.S. District Court Judge David G. Campbell for the District of Arizona.
You may be wondering if these cases are now part of a Bard PowerPort class action lawsuit. The answer is no. While an MDL shares similarities with a class action, the two are not the same.
In a class action lawsuit, a group of people who have suffered similar harm from a company or product come together to sue as a single, unified class. This can be beneficial for individuals with smaller claims, as they can join forces with others to pursue justice and potentially receive a larger settlement. However, the downside of a class action is that individuals may have less control over the outcome of the case, as decisions are made collectively on behalf of the entire class.
On the other hand, an MDL involves consolidating multiple individual lawsuits that share common factual issues into one centralized court. This allows for more efficient and streamlined pretrial and discovery proceedings, as the cases are all handled by the same judge.
BARD POWERPORT LAWSUIT FAQS
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What is a PowerPort Device?
A PowerPort device, also known as a BardPort, is a type of central venous catheter that is surgically implanted under the skin to help deliver medication or fluids directly into the bloodstream. Healthcare providers often use PowerPort devices on patients requiring repeated vascular system access during chemotherapy, surgery, and other treatments. Some examples of how PowerPorts are used include:
- Infusion of medications
- Infusion of I.V. fluids
- Infusion of parenteral nutrition solutions
- Infusion of blood products
- Withdrawal of blood samples
Port catheters like the Bard PowerPort have two main components: the injection port with a self-sealing silicone septum and a polyurethane catheter. The injection port has a raised center, which is where the needle is inserted to deliver medication. The medication is then carried from the port into the bloodstream through the catheter, which is a small, flexible tube that is inserted into a blood vessel. The catheter allows for direct delivery of treatments into the bloodstream.
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Are Bard Power Ports Safe?
According to Bard Power Port lawsuits, Bard port catheters are not safe because of design and manufacturing defects. According to the lawsuits, the BardPort catheter is made of a polymeric mixture of polyurethane and barium sulfate. Barium sulfate is known to diminish the mechanical integrity of polyurethane over time, which can create fractures and other degradations to the catheter. These small fractures can migrate to other places in the body, potentially leading to serious injuries. Lawyers who have filed Power Port lawsuits allege Bard failed to warn people that the Power Port was prone to surface degradation and resulting failures capable of causing serious injuries or death.
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What are the Lawsuits Against the PowerPort?
Lawsuits against the PowerPort allege C.R. Bard (Becton, Dickinson and Company) failed to warn about known design and manufacturing defects associated with the device.
The U.S. Food and Drug Administration (FDA) cleared the Bard PowerPort in 2000. But shortly after the Bard PowerPort was released, the company received numerous adverse event reports from doctors and other healthcare practitioners detailing fractures and perforations. C.R. Bard received adverse event reports detailing the following PowerPort side effects:
- Hemorrhage
- Infection
- Sepsis
- Cardiac/pericardial tamponade
- Cardiac arrhythmia
- Symptoms similar to myocardial infarction
- Severe and persistent pain
- Perforations of tissue, vessels and organs
- Death
These reports indicated a higher failure rate compared to similar products, with issues rooted in the material used to make the device.
Despite the growing number of adverse event reports, Bard continued to market and sell the PowerPort without warning people about the potential risk of fractures. The company “intentionally concealed the severity of complications caused by the PowerPort and the likelihood of these events occurring,” lawsuits allege.
The PowerPort lawsuits accuse Bard of prioritizing profits over people by failing to address known issues with the PowerPort's design and manufacturing. Patients who received the device had no idea about the dangers.
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Which Port Catheters are Part of the Lawsuit?
The following port catheters are named in lawsuits:
- Bard PowerPort ClearVUE Implantable Port
- Bard PowerPort ClearVUE ISP Implantable Port
- Bard PowerPort ClearVUE Slim Implantable Port
- Bard PowerPort isp MRI Implantable Port
- Bard PowerPort MRI Implantable Port
- BardPort Implanted Port
- Power-Injectable Implantable Ports with Chronoflex Polyurethane Catheters
- SlimPort Implanted Port
- X-Port Implanted Port
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What are the Complications of the Power Port Catheter?
Bard PowerPort lawyers are now pursuing cases on behalf of individuals who sustained the following:
- Blood clots
- Cardiac punctures
- Deep vein thrombosis
- Hemorrhage or hematoma (bleeding)
- Infection
- Necrosis (tissue death)
- Pericardial effusion (buildup of fluid around the heart)
- Pulmonary embolism
- Severe or long-lasting pain
- Tearing or perforating of blood vessels, organs or tissue
Other side effects associated with the Bard port catheter include:
- Abnormal heart rhythms
- Breathing difficulty
- Confusion
- Drainage at the port site
- Fever
- Inflammation
- Kidney problems
- Ruptured blood vessels
- Swelling
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Has There Been a Bard PowerPort Recall?
Yes, there was a Bard PowerPort recall years ago, but the reason for the recall does not have to do with the allegations in the Power Port lawsuits. The FDA issued a Class 2 recall notice in March of 2020 for multiple models of the Bard PowerPort due to a concerning issue that could extend surgical procedures. The agency advised all healthcare facilities to return the affected devices promptly.
While Becton, Dickinson and Company (BD) downplayed the severity of the issue, claiming it was "unlikely to lead to serious injury," growing concerns have been raised about potential defects with various BardPort products. Attorneys believe that based on the allegations, the company should recall affected port catheters to ensure they are safe.
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You may qualify for the Bard PowerPort lawsuit if your doctor implanted a port catheter device and you experienced any of the following:
- Arterial thrombosis
- Blood clots
- Bloodstream infection
- Cardiac arrhythmia
- Cardiac perforation
- Cardiac tamponade
- Deep vein thrombosis
- Hematomas
- Organ damage
- Organ perforation
- Perforation of blood vessels
- Pulmonary embolism
- Thromboembolism
An attorney may ask about what happened to you after you received the port cath. We recommend collecting important information, including any records of your symptoms and medical issues, when you have your initial consultation. If you are not certain about your medical diagnosis, an attorney or someone on staff may be able to help obtain the necessary medical records on your behalf.
Yes, there is a deadline to file PowerPort lawsuit. Each state has their own statute of limitations laws, which set a time limit for claimants to file a lawsuit in court. Some states set the deadline as one year from the date of the injury. Others allow more time. To make sure you are not time-barred from filing a lawsuit against Bard, you should talk to a PowerPort lawyer as soon as you can.
Nothing up front. We offer free PowerPort lawsuit evaluations. During our initial consultation, you are free to ask any questions you may have about your legal case.
Bard PowerPort lawsuits are litigated on a contingency fee arrangement, which means that the law firm takes on all of the financial risks associated with the lawsuit, including court filing fees, retaining expert witnesses, and other related costs. You do not pay a dime unless compensation is recovered on your behalf.
There have not been any settlement agreements in the Bard PowerPort litigation. A Google search will show you dozens of attorneys that share “settlement calculators” for mass tort cases like this, but the truth is any settlement estimate for port catheter lawsuits is premature.
If you want to know what compensation you might expect by filing a lawsuit, the first step is contacting an attorney to evaluate your case. A PowerPort lawyer will evaluate your claims for damages, which determines what payout you might expect in a lawsuit.
The damages that may be available to you in a settlement include:
Medical Bills: If you were harmed by a port catheter, chances are you have already paid or are in the process of paying for medical care. Health care expenses are considered economic damages, as they would not have occurred if you had not been harmed by the allegedly defective product. Keep in mind that you may also be able to seek damages for future medical bills if you require ongoing care as a result of the harm you suffered. A personal injury lawyer who handles BardPort lawsuits can help you gather the necessary documentation to show that medical expenses are expected in the future. These medical bills, both past and future, represent a significant portion of your case value.
Lost Wages or Income: Lost wages refer to the income you would have earned if you had not been harmed by the allegedly defective product. This may include your regular pay rate, overtime pay, commissions, bonuses, paid time off, and other work-related benefits.
Lost Earning Capacity: If the allegedly defective product caused severe injuries resulting in disability or the inability to work as you once were able to, you may be able to pursue damages for lost earning capacity. Proving this loss can be challenging, so working with an experienced lawyer with access to medical and occupational experts is crucial.
Loss of Consortium: Loss of consortium occurs when an injury prevents a person from providing the same love, affection, services, and companionship to a spouse or family member as before. As with lost earning capacity, pursuing loss of consortium damages can be incredibly complex and require an experienced attorney.
Pain and Suffering: Damages for pain and suffering cover physical pain, mental distress, and emotional suffering caused by injuries. Evidence documenting the impact of the injury on the victim's life is necessary to receive an award for pain and suffering.
Punitive Damages: These damages aim to punish the defendant and deter similar wrongful behavior.
As you can see, the payout you might receive in a PowerPort settlement can vary widely depending on your claims for damages. If you want a good understanding of what your case is worth, talk to an attorney instead of relying on “settlement calculators.” Remember, lawyers offer free PowerPort case evaluations and represent clients on a contingency fee basis, which means you don’t pay anything unless you are compensated. You have nothing to lose.
If you were harmed by a PowerPort device, you need a lawyer you can trust to deliver the results you deserve. An experienced Bard PowerPort lawyer can help guide you through the legal process and explain each step in the litigation, from gathering evidence and filing your complaint to preparing for trial and negotiating your settlement.
The attorneys at Wisner Baum are actively evaluating PowerPort cases in this growing litigation. To speak with a port catheter lawyer about your claim, call us today at 855-948-5098.
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