- Bard PowerPort are port catheter devices used to supply medical patients with medication, fluids, and blood
- An improper mix of polyurethane and barium sulfate in Bard PowerPorts has caused some devices to disintegrate and cause severe health conditions
- Some medical conditions caused by defective Bard PowerPorts include infections, blood clots, cardiac arrhythmia, heart attacks, and pulmonary embolism
- Bard Access Systems knew of this defect with the Bard PowerPort product and concealed this information from consumers
- Victims of defective Bard PowerPorts have filed product liability lawsuits that have consolidated into an MDL in the District of Arizona
Bard-implanted port catheters can help people who require intravenous blood, medication, or fluids. However, recent product liability lawsuits suggest that the Bard products, known as Bard PowerPorts, have a design flaw that can cause the catheters to deteriorate. This can cause severe medical conditions, such as hematomas, cardiac arrhythmia, and infections.
Users have filed product liability lawsuits to hold the manufacturer of Bard implanted port catheters, Bard Access Systems, accountable for realizing its product had a defect and failing to warn consumers. These Bard PowerPort lawsuits have recently consolidated into a multi-district litigation (MDL) in the District of Arizona before Judge David Campbell.
Why Choose The Russo Firm for Your Bard Implanted Port Catheter Lawsuit
The product liability lawyers at The Russo Firm have experience and expertise in handling mass tort lawsuits like the Bard PowerPort MDL. They will understand how to get you involved in the consolidated lawsuit so you can benefit from a streamlined discovery process, sharing resources with other plaintiffs, and recovering specific damages from a global settlement.
Our experienced product liability attorneys can collaborate with you to determine your best path for recovering compensation for damages caused by defective Bard catheter devices. Contact us today for a free consultation to learn how our product liability lawyers can use their mass tort and dangerous product lawsuit experience to help you recover compensatory damages.
What is a Bard PowerPort?
A Bard PowerPort is a catheter device that allows patients to receive fluids, blood, and medication intravenously. The device contains a port with sealed basins and a catheter tube. The Bard PowerPort works by inserting under the skin on the chest or arm. The port connects to the central vein and allows vital medication, blood, and fluids to enter the bloodstream.
A medical provider can use a non-coring needle to access the Bard PowerPort with minimal pain for the patient. This catheter device is used for administering antibiotics and chemotherapy and withdrawing blood.
Bard Implanted Port Catheters Found to be Defective
The danger presented by Bard implanted port catheters involves the polyurethane catheter tubing. The materials used in the catheter tubing are to make it flexible enough to curve into a blood vessel. However, the polyurethane and barium sulfate used in Bard port catheters affect the structural integrity of the product.
When these two materials are improperly mixed, the barium sulfate can degrade the polyurethane catheter tube. Plaintiffs who have filed Bard PowerPort lawsuits suggest the dangerous product uses too much barium sulfate, affecting the structural integrity of the device and causing it to fracture while inside the body.
What Health Problems Can Bard PowerPorts Cause?
The disintegration of Bard PowerPorts has caused many patients needing to use the device to suffer severe health problems. Due to the catheter device connecting to blood vessels, most of the issues affect the cardiovascular system. These severe health problems can cause significant internal damage and affect someone’s life long-term.
The following are some of the health problems caused by defective Bard PowerPorts:
- Blood clots
- Deep Vein Thrombosis
- Organ and vascular damage
- Heart attacks
- Cardiac arrhythmia
- Hematoma or hemorrhage
- Pulmonary embolism
Bard Access Systems Was Aware of Defect That Caused Health Conditions
Plaintiffs have alleged that Bard Access Systems, the manufacturer of Bard PowerPorts, withheld information regarding the defective catheter tubing that has caused health issues. Healthcare providers notified Bard Access Systems about an issue with the PowerPort product when they noticed patients who used it developed blood clots.
Incidents of medical conditions caused by Bard port catheters were reported to the manufacturer over 20 years ago. Manufacturers creating similar products have not received as many complaints. The warnings to Bard Access Systems should have made them aware of a flaw with their catheter tubing, but the manufacturer did not make the necessary changes.
How Did Bard Access Systems Avoid Accountability for Defective Bard PowerPorts?
Bard Access Systems did not make the proper changes they needed to once they realized their port catheters could cause significant health problems. The manufacturer exploited the special clearance provided to them by the Federal Drug Administration (FDA) to avoid having to disclose information relayed to them about the health issues caused by Bard port catheters.
The Bard PowerPort received FDA approval to market the product before receiving the usual testing other products receive under the §510(k) provision. It did not require rigorous testing because of its similarity to other FDA-approved products. Bard Access Systems used this to avoid standard FDA reporting protocols to conceal information about catheter tubing issues.
Filing a Bard Implanted Port Catheter Lawsuit
People who used a defective Bard implanted port catheter and suffered at least one of the above medical conditions can file a product liability lawsuit. Plaintiffs can file these product liability lawsuits to hold the at-fault party, Bard Access Systems, accountable for creating a product with a dangerous design flaw.
Product liability is a type of personal injury category that has to do with holding manufacturers accountable for dangerous products that have manufacturing, design, and labeling flaws. The design of Bard PowerPorts is flawed because it can lead to an improper mix that causes the catheter tube to break down.
Bard Access Systems can also be held liable for failing to disclose this information to doctors and patients. They disclosed the dangers of their product and failed to warn patients of the severe medical conditions that can result from using their defective product.
Recent Updates in the Bard Implanted Port Catheter Lawsuit
December 1st, 2023 – Judge Campbell Outlines How the MDL Will Progress Over the Next 18 Months
In the months since consolidation, many new plaintiffs have directly joined the Bard PowerPort lawsuit. There are now about 69 cases pending in the MDL, with more plaintiffs likely to join as more information comes about about litigation.
Judge Campbell issued six case management orders to outline the rules and procedures for how the Bard PowerPort MDL will progress over the next 18 months. This includes the flow of the MDL, which will involve pre-trial discovery before bellwether trials commence.
The MDL judge also wants to create a system for new plaintiffs to directly join the MDL to avoid confusion with transferring lawsuits to the District of Arizona. He’s also called for creating a master complaint and plaintiff fact sheets.
August 12th, 2023 – Product Liability Lawsuits Consolidated into Bard PowerPort MDL
After many people filed Bard PowerPorts lawsuits, plaintiffs filed a motion with the Judicial Panel on Multi-District Litigation (JPML) to consolidate lawsuits. After hearing testimonies, the JPML agreed to consolidate Bard PowerPort lawsuits into a multi-district litigation (MDL). The lawsuits consolidated in the District of Arizona before Judge David Campbell.
This is a huge step for Bard PowerPort plaintiffs, as consolidation can help them move toward receiving fair compensation for damages. An MDL can streamline discovery, centralize pre-trial procedures, allow plaintiffs to share resources, and let plaintiffs recover compensation for specific damages from a global settlement.
What Damages Can You Pursue in a Bard Implanted Port Catheter Lawsuit?
Those who suffer severe medical conditions from defective Bard PowerPorts can file a product liability lawsuit to hold the at-fault party accountable for damages. These are losses that affect a personal injury victim’s finances, physical health, and quality of life.
Bard Powerport plaintiffs can pursue compensation for economic damages, which reflect how these defective devices caused monetary losses. They can also pursue compensation for non-economic damages that have to do with intangible losses regarding a plaintiff’s quality of life and mental health.
The following are some damages Bard PowerPort plaintiffs can pursue through lawsuits:
- Medical bills
- Lost wages
- Lost earning potential
- Loss of enjoyment of life
- Mental anguish
- Pain and suffering
- Loss of consortium
- Loss of parental services
How Can a Product Liability Lawyer Help With Your Bard Implanted Port Catheter Lawsuit?
Hiring a lawyer can help with the process of pursuing compensation for damages caused by a defective Bard PowerPort. A lawyer with product liability experience can explain how to pursue compensation for damages caused by a dangerous product. They can also help you join the Bard PowerPort MDL to benefit from a potential global settlement.
The following are some ways a product liability lawyer can help with your Bard PowerPort lawsuit:
- Calculate the value of your damages
- Assess who caused your Bard PowerPort damages
- File paperwork to join the Bard PowerPort MDL
- Gather evidence to prove you qualify for the consolidated lawsuit
- Explain laws that may affect your lawsuit
- Keep you updated on the MDL’s progress
- Share resources with lawyers representing other plaintiffs in the MDL
- Help negotiate a global settlement
Contact The Russo Firm for Help With Your Bard Implanted Port Catheter Lawsuit
At The Russo Firm, our lawyers have mass tort and product liability expertise that can help with your Bard implanted port catheter lawsuit. They understand how a dangerous product like a Bard PowerPort can cause life-threatening health issues.
Our experienced product liability attorneys wish to use their expertise to help you hold Bard Access Systems accountable for their negligence that exposed you to severe health conditions. Contact us for a free defective Bard implanted port catheter consultation today at (561) 270-0913 or leave a message on our online contact page.
Frequently Asked Questions About Bard PowerPorts
What Should You Do After Suffering a Medical Condition from a Defective Bard PowerPort?
Those who suffer a severe medical condition from a defective medical device have to worry about the effect on their health and how this can lead to economic loss. A malfunctioning Bard PowerPort can cause a serious medical event that requires someone to take multiple steps to help put them in a position to recover medically and financially.
The following are some steps to take after a Bard PowerPort causes a severe medical condition:
- Collect any evidence that can establish you suffered from a defective Bard PowerPort
- Gather important medical documentation
- Seek medical attention for your serious condition
- Contact a product liability attorney
- File a Bard PowerPort lawsuit
Will There Be Bellwether Trials in the Bard PowerPort MDL?
In mass tort lawsuits, there are ordinarily bellwether trials. These test trials allow some cases in consolidated lawsuits to see their day in court so plaintiffs and defendants can see how juries respond to the case’s evidence. The ruling a jury decides on for individual test trials can influence settlement negotiations between the two sides.
It’s likely that the Bard PowerPort MDL will have bellwether trials eventually. Judge Campbell has already established an 18-month schedule for the MDL that will call for bellwether trials. However, both sides must go through pre-trial discovery before bellwether trials can commence. Bellwether trials in the Bard PowerPort MDL are likely still many months or years away.
What is the Expected Settlement Value for the Bard PowerPort MDL?
If the plaintiffs’ case in the Bard PowerPort MDL is successful, they could receive compensation for their damages from a global settlement. The value of a product liability lawsuit can fluctuate based on the damages the plaintiffs suffer, how many plaintiffs end up joining the MDL, and what happens during bellwether trials.
It’s too early in the process of the Bard implanted port catheter lawsuit to tell how much plaintiffs could recover from a settlement. In the past, mass tort settlements have paid plaintiffs anywhere from five to seven figures. The value of the Bard PowerPort lawsuit will become clearer when more evidence comes to light.