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Bard PowerPort Updates | February 2024

Summary

  • In August 2023, all BardPower Port lawsuits consolidated into a mass tort in the District of Arizona
  • A new Bard PowerPort lawsuit from an Arizona man alleges the defective port catheter caused his infection
  • Judge Dan G. Campbell issued six case management orders to outline the net 18 months of the discovery process and bellwether trials
  • The MDL judge approved the plaintiffs’ master complaint that will allow new plaintiffs to join the Bard PowerPort MDL directly

The Bard PowerPort is a port catheter that medical professionals can insert into patients’ bodies to administer medication, fluids, and blood intravenously. However, this port catheter device has a defect having to do with its polyurethane catheter tubing that causes it to break down during use, leading to patients suffering organ damage, infections, and deep vein thrombosis.

Many patients who have suffered severe medical conditions due to defective Bard PowerPorts have filed lawsuits with the manufacturer of the product, Bard Access Systems. They seek to hold the manufacturer accountable for a design flaw that harms users. All Bard PowerPort lawsuits have recently consolidated into an MDL in the United States District Court of Arizona.

February 2, 2024 – Deadline for Bard PowerPort Bellwether Lawsuit Nears

Individuals who think that they have been injured due to the defects in the Bard PowerPort catheter implants have about two months remaining to file a lawsuit—that is if they want it to possibly be included in a bellwether pool that will hear the first six cases of the MDL.

January 9th, 2024 – Arizona Man Files New Lawsuit Because Bard PowerPort Caused an Infection

A man from Mesa, Arizona, recently filed a lawsuit to join the Bard PowerPort MDL because of a severe medical condition he suffered from the catheter device. He suffered an infection from a PowerPort isp M.R.I. implantable port breaking down when used medically. He claims he suffered his infection and financial damages due to the design flaw in the product.

The Arizona plaintiff named the Bard PowerPort manufacturer, Bard Access Systems, and its parent company, Becton, Dickinson & Co., as defendants in the lawsuit. He also wants to hold C.R. Bard, Inc. and Bard Peripheral Vascular, Inc. accountable for the damages he suffered from the defective product.

December 3rd, 2023 – MDL Judge Issues Case Management Orders That Outline the Timeline of the Bard PowerPort MDL

Judge Dan G. Campbell resides over the Bard PowerPort multidistrict litigation (MDL) in the District of Arizona. He recently issued six case management orders outlining the Bard PowerPort MDL timeline. These case management orders establish the rules and processes that the MDL will adhere to for the next 18 months.

In the case management orders, Judge Campbell established the rules and timeline for the discovery process, which will go from November 23rd, 2023, until January 31st, 2025. Plaintiffs and defendants will have over a year to collect all the evidence they need to strengthen their case.

They also establish that the mass tort lawsuit will have bellwether trials following discovery. Bellwether trials allow both sides to see how a jury will respond to the case’s evidence, possibly leading to an accelerated settlement negotiation. The bellwether trials should begin in mid-2025.

November 16th, 2023 – Judge Campbell Approves the Plaintiffs’ Master Complaint

In a mass tort lawsuit like the Bard PowerPort MDL, the plaintiffs must file a master complaint. This is a document that includes common facts and allegations that all of the lawsuits share. It allows new plaintiffs to directly file into the MDL rather than file an individual lawsuit and transfer into the MDL.

New plaintiffs can adopt the facts outlined in the master complaint to simplify the process of joining an MDL. At a status conference on November 16th, Judge Campbell approved the master complaint. New plaintiffs can now pursue compensation for damages by directly joining the Bard PowerPort MDL.

August 8th, 2023 – Bard PowerPort MDL Consolidates in the District of Arizona

A multidistrict litigation (MDL) is a type of class action lawsuit that involves lawsuits with similar defendants, allegations, and facts consolidating before one judge to lessen the stress of hundreds of similar lawsuits in the court system. The Bard PowerPort lawsuits all consolidated into an MDL before Judge Dan G. Campbell in the District of Arizona.

Judge Campbell is familiar with lawsuits involving Bard Access Systems, as he resided over the Bard IVC filter MDL. Plaintiffs in the Bard PowerPort MDL will benefit from consolidation because the discovery process is more streamlined, they can share resources with other plaintiffs, and a global settlement can pay for their specific damages.

Contact The Russo Firm for Help With Your Bard PowerPort Lawsuit

The Russo Firm’s product liability lawyers have helped those seeking compensation for damages from dangerous products like Ozempic, hair straighteners, and baby formula. They can use their decades of experience to assist you in pursuing compensation for economic and non-economic damages.

Our product liability attorneys understand how health problems from defective Bard PowerPorts can affect your health, ability to work, and quality of life. They wish to use their expertise to put you in a favorable position to recover fair compensatory damages. Contact us today at (561) 270-0913 for a free consultation or leave a message on our online contact page.

Frequently Asked Questions About the Bard PowerPort Lawsuit

How Will Bellwether Trials Affect the Bard PowerPort MDL?

Bellwether trials are expected in the Bard PowerPort MDL in mid-2025. These test trials are essential in mass tort lawsuits, as plaintiffs and defendants will see how an unbiased jury will respond to evidence and case facts. This can dictate who juries view as having a stronger case.

The side with the worst case will likely want to avoid paying hefty court fees and continue with a process that could lead to them paying a significant court award. This can lead to them wanting to negotiate a settlement to end the case before their standing worsens with more test trials.

How Can a Bard PowerPort Cause Medical Problems?

The issue with the Bard port catheter is what the catheter tubing is made of. The tubing of the catheter tube is made out of polyurethane and barium sulfate to make it flexible enough to be inserted into a blood vessel. However, the mix ratio of polyurethane and barium sulfate has affected the structural integrity of the catheter.

It can deteriorate when in someone’s body, leading to severe medical problems. Some of the medical conditions caused by a Bard PowerPort deteriorating include infection, deep vein thrombosis, hematomas, pulmonary embolism, and strokes. Those suffering from Bard PowerPorts’ medical problems can file product liability lawsuits with Bard Access Systems.

Why Can Hiring a Product Liability Lawyer Help With Your Bard PowerPort Lawsuit?

Those seeking compensation for damages caused by defective Bard PowerPorts can join the MDL. Hiring a lawyer can help as you attempt to join the Bard PowerPort MDL. They can calculate the cost of your damages, help you file paperwork to join the mass tort, collect and share evidence, and negotiate a settlement to pay for your specific damages.

Article written or reviewed by:

Attorney Anthony Russo

Attorney Anthony Russo

Managing Partner and Lawyer at The Russo Firm

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