Bard PowerPort Lawsuit

Legally Reviewed

This article has been written and reviewed for legal accuracy and clarity by attorney Matthew Dolman and is as accurate as possible. Matthew is a licensed attorney with twenty years of legal experience. His practice includes mass tort claims and representing plaintiffs in product liability lawsuits. Matt and his team of experienced personal injury lawyers have collected $250,000,000.00 in compensation for injury victims and have represented over 7500 individuals. Matthew is a port catheter injury lawyer who handles claims throughout the United States. This content should not be taken as legal advice from an attorney.


Lawsuit Legal News does everything possible to make sure the information in this article is up-to-date and accurate. If you need specific legal advice about your case, contact us. This article should not be taken as advice from an attorney.

Patients undergoing extensive medical treatments requiring routine blood draws, blood transfusions, or the administration of medications and intravenous fluids need a port implanted into their bodies to allow medical professionals to administer medicine, chemotherapy, and other fluids regularly. Numerous patients who received fluids through defective port catheters manufactured by Bard Access Systems are pursuing product liability lawsuits against this company, a subsidiary of Becton, Dickinson, and Company.

A common theme among Bard PowerPort Lawsuits is seriously injured patients stating the Bard PowerPort device (which is implanted to allow medical providers easier access to administer intravenous substances) has critical design flaws causing it to deteriorate or migrate (move throughout the body). As a result, patients have sustained various life-threatening injuries, including perforations of organs and blood vessels as a result of a defective Bard PowerPort device.

The pending lawsuits allege that Bard knew about the risk of migration and infection along with other severe injuries yet ignored these potentially serious problems. 

It is crucial to begin the process of filing your claim as soon as possible. Our dedicated team of Bard PowerPort injury lawyers stands ready to navigate you through this journey, securing the financial compensation you deserve. Reach out today at 866-535-9515 or fill out our simple online form to schedule a free consultation.

Bard PowerPort Lawsuit Basics

The Bard PowerPort is a port catheter device most commonly used for chemotherapy treatments. Bard PowerPort lawsuits are an attempt to hold Bard (Bard Access Systems, Inc.) and its parent company (Becton, Dickinson & Co.) liable for their failure to warn patients and the medical community about the PowerPort catheter's propensity to cause injuries like blood clots and severe infections. Further, we have seen many instances of catheter fracture and migration.

Port Catheter Lawsuit Allegations

Plaintiffs allege in numerous PowerPort lawsuits that Bard concealed device failures from medical professionals and the general public. Further, these lawsuits allege that Bard knowingly engaged in deceptive conduct.

With the help of experienced Bard PowerPort lawyers like the team behind Lawsuit Legal News (LLN), patients are seeking financial compensation for their legal damages, including medical bills, lost wages, and pain and suffering.

Bard Implanted Port Catheter Attorney, Matt Dolman

Don't wait any longer, call 866-535-9515 or submit your case for review today!

LLN Mission: Provide Bard PowerPort Lawsuit Updates

Our team at Lawsuit Legal News aims to keep this page up to date regarding the Bard PowerPort Lawsuit progress, including changes in the litigation, updates on the court proceedings, and any information that points toward a possible settlement. Over 100 lawsuits are involved in the Bard PowerPort Multidistrict Litigation (MDL). It has become readily apparent that certain Bard PowerPort devices can fracture and break apart inside the body.

Bookmark this Bard Power Port Lawsuit page to stay informed.

April 8, 2024 - Bard PowerPort Judge Issues Case Management Order #20 Focused on Discovery Protocol

April 8, 2024 - Judge Campbell just issued CMO #20, which spells out how specific materials related to the defective port catheter are to be preserved by all parties going forward. CMO #20 is a preservation order that is specifically focused on explanted devices or portions of such or any tissue explanted or excised from the device and in the possession of plaintiff's counsel, experts or vendors retained by plaintiff along with medical facilities. The lone exception is medical facilities who have received such materials from the plaintiff's treating physician acting in the normal scope of business.

This order is focused on the preservation and storage (i.e., chain of custody) of what will be the pertinent evidence enabling plaintiffs to illustrate injuries caused by defective implantable ports which are already known for catheter occlusion. Despite the fact that a Bard PowerPort recall has not occurred as of date, we have a number of clients alleging their PowerPort fractured resulting in serious complications to the patient's vascular system or internal organs. 

Bard PowerPort lawsuits allege Bard failed to provide adequate warnings of the health risks associated with the implantable port catheter. A number of our clients who experienced catheter fracture required surgery. We believe the manufacturing and design flaws make the implantable port catheter device prone to pinch off or fracture and migrating to other areas of the body which wlll generally require surgery.

April 2, 2024 - Bard PowerPort MDL Grows Slowly

April 2, 2024 - Unlike other defective product mass tort cases, such as litigation involving CPAP machines, hair relaxers, and toxic baby food, this PowerPort MDL involves a limited number of potential plaintiffs. Thankfully, only a small number of patients require a surgically implanted port, so fewer people are at risk of harm from these devices.

However, this litigation continues to grow, with 10 new cases joining the MDL in the past 30 days bringing the total number of plaintiffs to 116.

March 25, 2024 - Judge Campbell Approves Plaintiff Fact Sheet in PowerPort Lawsuit

March 25, 2024 - Bard PowerPort MDL Judge David Campbell approved a plaintiff fact sheet (also referred to as "PFS")  that both parties previously submitted.  The PFS is a thorough document that allows a plaintiff to explain their background and answer several questions about their medical history, the underlying reason why they received the Bard PowerPort device, and the existence of medical records supporting their claim.  

Judge Campbell also modified a prior section requiring plaintiffs to disclose specific information alleging the reservoir or port was defective as opposed to many claims that allege the ports had defective material that comprised the catheter.

March 17, 2024 - Judge Campbell Orders Bellwether Trial Selection to Proceed in Bard Port Catheter Lawsuit

March 17, 2024 - The LLN team expected this would be a fast-moving lawsuit, especially regarding bellwether trials. Judge Campbell's latest order confirmed our suspicions when the judge issued an order indicating he would not tolerate any delays in the bellwether process. 

Attorneys for C.R. Bard and its parent company, Becton Dickinson, argued that not enough lawsuits have been filed to find enough representative claims for selecting bellwether trials. There are presently 113 lawsuits alleging a defective port catheter device resulted in migration which caused vascular damage (including perforations of blood vessels), severe infections, organ damage, organ perforation, deep vein thrombosis (DVT), and pulmonary embolism, among other very serious injuries. 

Judge Cambell's order requires both plaintiffs and defendants to use the Marker Group for the collection of medical records on behalf of the plaintiffs. Each plaintiff's medical records will be kept on a secured database that both parties can use throughout the duration of this lawsuit. 

Additionally, Judge Campbell clarified the required details in the plaintiff's fact sheet (PFS) after both parties agreed on the terms. The plaintiffs have until March 27, 2024, to file an amended master complaint and add port reservoir allegations. 

The parties now have until March 10, 2025, to select six bellwether trials and perform case-specific discovery beginning this summer. We anticipate the very first bellwether trial in the Bard PowerPort litigation will take place in the fall of 2025. 

We do not believe a Bard PowerPort settlement is likely in 2024. In fact, extensive discovery and the selection of bellwether trials may force C.R. Bard and Becton Dickinson to the settlement table beginning in early 2025.

Bard Power Port Lawsuit MDL being held at Sandra Day O'connor US Courthouse_Dolman Law Group

March 4, 2024 - Two Plaintiffs in the Bard PowerPort MDL Have Already Died. Case Count Rises to 106

March 4, 2024 - If a plaintiff dies while their personal injury lawsuit is pending, a formal notification must be filed with the court. This notification is called a Suggestion of Death. When this happens, the official plaintiff's name is changed to the deceased person's representative. Also, additional legal counts may be added to request damages for the person's wrongful death and/or a survival action for the family.

Unfortunately, two of the original Bard PowerPort MDL plaintiffs have passed away, and suggestions of death have been filed. These sad occurrences remind us about how severe these injuries can be and the need for swift justice for the victims of these defective devices.

As of the start of March, seven more lawsuits have been filed in the MDL, bringing the total number of cases to 106.

February 17, 2024 - JPML Rules Defect Claims Concerning Bard PowerPort Reservoir are a Part of MDL

February 17, 2024 - The U.S. Judicial Panel on Multidistrict Litigation has determined that the inclusion of the Bard PowerPort Reservoir defect claims would allow for "just and efficient conduct of the litigation" in a transfer order filed in the past week.

Defendants such as C.R. Bard, Inc.; Becton, Dickinson & Company; and Bard Access Systems, Inc., argued that allowing PowerPort reservoir defect claims would impermissibly expand the scope of the Bard port lawsuit. Plaintiffs allege the port reservoir component of the Bard PowerPort device is made of Polyoxymethylene (POM) and is prone to oxidative degradation, which results in fissures, cracks, and defects. In turn, this can lead to catheter failure.

February 12, 2024 - Port Catheter Lawsuit Discovery Hearing in March

February 12, 2024 - Judge Campbell has set a hearing for March 1, 2024, in the United States District Court for the District of Arizona (Phoenix). The purpose of this hearing is to resolve any present discovery issues. Both parties were tasked at the last hearing with finalizing a preservation order. The preservation order would apply to all ports that were explanted due to an injury.

February 2, 2024 - Bard PowerPort Lawsuits Steadily Grow

February 2, 2024 - Only 69 federal lawsuits were included in the Bard PowerPort MDL in 2023. In the first month of 2024, 30 new cases joined the MDL, bringing the total number of pending lawsuits to 99. January 2024 saw the largest monthly volume of new cases so far in this consolidated litigation. Although this MDL will not be large because the pool of injured people is relatively small, we expect many more new filings in the coming months.

Judges to Consider Adding Claims Alleging Separate Defect to Existing Bard PowerPort MDL

January 17, 2024 - Thus far, patient complaints regarding Bard PowerPorts have largely focused on the defect in the polyurethane catheter tubing. Plaintiffs say that Bard Access Systems created a flawed product by using the incorrect ratio of barium sulfate to polyurethane which caused the tubing to deteriorate. Furthermore, they claim the manufacturer then suppressed reports of related infections and blood clots from the public for years.

A different group of plaintiffs is now making a case that their PowerPort implantable port lawsuits should be considered under the current Bard PowerPort multidistrict litigation, which represents 73 claims as of January 2024. 

Their allegations also pertain to the shoddy materials Bard used in their PowerPort designs. The new plaintiffs say that they have experienced life-threatening infections related to malfunctioning port reservoirs. They attribute their injuries to Bard's use of polyoxymethylene, which compromised the port, leading to cracks that accumulated harmful bacteria. Ultimately, it will be up to the Judicial Panel on Multidistrict Litigation to decide if

  1. the claims are reasonably similar,
  2. whether adding these cases to the Bard PowerPort MDL is fair to both parties and
  3. if doing so best serves the interests of the court.

New Lawsuit Alleges Bard Port Caused Infection

January 9, 2024 - A man in Mesa, Arizona, recently filed a lawsuit in the Bard PowerPort MDL against four defendants regarding problems he suffered as a result of a PowerPort isp M.R.I. implantable port. The man allegedly developed an infection that he attributes to manufacturing flaws in the PowerPort implantable port. The lawsuit names Bard Access Systems, Inc., Becton, Dickinson and Co., C.R. Bard, Inc., and Bard Peripheral Vascular, Inc. as defendants.

While a significant portion of Bard port lawsuits relate to infections, we are noticing a growing number of cases related to a product defect claim concerning the port itself. In fact, flaws in the material and construction of the Bard port have led to much more troubling outcomes. 

The port is comprised of polyoxymethylene (POM) which is subject to oxidative degeneration. As the material degrades, the port can fracture and literally break apart. In turn, the defective port catheter's fractured pieces can then migrate through the body and pierce internal organs. This material can be found in every last Bard PowerPort device. 

PowerPort Lawsuit Judge Extends Deadline For Joint Order Regarding Evidence Preservation

January 5, 2024 - Judge Campbell has allowed the parties in the Bard PowerPort lawsuit more time to provide a joint order addressing the preservation of relevant evidence. Safeguarding the evidence is critical for plaintiffs to establish that Bard Access Systems has been aware of the defect in their product's polyurethane tubing for years but did not make this knowledge public. Also, a status conference is set for January 8, 2024.

2023 Closes With 71 Bard PowerPort Lawsuits in MDL

As of the end of 2023, 71 lawsuits have been transferred or filed directly into the Bard PowerPort MDL, which is centralized in the U.S. District Court for the District of Arizona and assigned to Judge David G. Campbell. 

Many of these lawsuits were filed in various Federal Courts around the nation and transferred into this MDL back in September. These 71 lawsuits revolve around plaintiffs who sustained similar complications from the implanted port catheter system. 

Plaintiffs allege design defects resulted in the breakdown of barium sulfate particles from Bard PowerPort's surface. The team at Lawsuit Legal News has also seen devices that have malfunctioned or migrated to other areas of the victim's body. In some cases, particles from the catheter entered the bloodstream, resulting in a host of issues. These injuries include:

  • Arterial thrombosis
  • Bloodstream infection
  • Organ damage
  • Cardiac perforation
  • Perforation of blood vessels
  • Deep vein thrombosis
  • Thromboembolism
  • Pulmonary embolism
  • Organ perforation
  • Cardiac tamponade
  • Cardiac arrhythmia and
  • Hematomas

Bard PowerPort MDL Judge Addresses Discovery Process and Deadlines

December 3, 2023 - Judge Campbell issued multiple case management orders laying out the process and timelines for discovery through the bellwether trials. Bellwether trials are a group of cases that are heard and decided by a jury to help both sides in a lawsuit evaluate how juries will view the scientific evidence and determine responsibility.

The results of bellwether trials help determine whether other cases will settle and for how much. The discovery process will run from November 20, 2023, through January 31, 2025. Expert witness reports will be presented at that point, and trials will likely begin in mid-2025.

Bard PowerPort MDL Master Complaint Approved for Port Catheter Lawsuits

November 16, 2023 - A status conference in the Bard PowerPort MDL was held, and Judge Campbell approved and entered a master complaint form following the hearing. This uniform document will allow plaintiffs to file their port catheter lawsuits directly into the MDL rather than filing in a different federal court and requesting a transfer to the MDL.

Protective and Preservation Orders Requested by October 27

October 17, 2023 - Judge Campbell has asked counsel for both sides to submit protective orders and preservation orders by October 27, 2023. Further, he asked both parties to come to terms on a short-form master complaint, which will allow plaintiffs to file their Bard PowerPort lawsuits directly into the MDL. 

Leadership Appointed in Bard PowerPort Litigation

September 19, 2023 - Judge Campbell appointed leadership counsel to run the Bard port catheter lawsuit. In total, 39 lawyers will sit on the plaintiff's steering committee for the Bard Implanted Port Catheter Products Liability Litigation. Three lawyers were selected as lead counsel, eleven attorneys make up the Plaintiff's Executive Counsel ("PEC"), and twenty-five additional lawyers were selected to serve on the Plaintiff's Steering Committee ("PSC") and several sub-committees.

JPML Consolidates Bard PowerPort Lawsuits Into an MDL

August 8, 2023 - The United States Judicial Panel on Multidistrict Litigation (JPML) has centralized all Bard port catheter lawsuits filed in Federal Courts throughout the nation to the United States District Court for the District of Arizona before Judge Dan G. Campbell. The purpose of consolidation is to streamline pretrial proceedings such as discovery. Judge Campbell had previously presided over the Bard IVC filter MDL, so he is well suited for this role. The MDL has been entitled "Bard Implanted Port Catheter Products Liability Litigation." We expect advertising to start soon, and the growth of Bard PowerPort cases in the MDL will soon follow.

JPML Hearing Set to Determine Fate of Bard PowerPort Class Action Lawsuit

July 15, 2023 - The Judicial Panel on Multidistrict Litigation is set to meet in two weeks to hear a motion to consolidate the Bard PowerPort catheter device class action lawsuit. We project the Judicial Panel will select the United States District Court for the District of Arizona as the home jurisdiction for consolidating the Bard PowerPort class action.

PowerPort Basics: How Are Bard PowerPort Catheters Used?

In general medical terms, a catheter is a thin tube made from medical-grade materials that allows the movement or drainage of fluids and gases within the human body. Catheters can be inserted to treat diseases or medical conditions or to perform surgical procedures.

Bard PowerPorts are catheter devices that are surgically implanted under the skin, usually in the arm or chest. The PowerPort has one or more sealed basins and a catheter tube. The tubing is inserted into a large central vein and allows fluids such as chemotherapy or IV medications to be pumped directly into the bloodstream.

This method improves the way medication is introduced into the body system. However, flawed catheter tubing can cause various severe problems. These problems are now forming the basis of the Bard PowerPort product liability lawsuits.

Don't wait any longer, call 866-535-9515 or submit your case for review today!

Why Would a Medical Provider Use a Bard PowerPort?

Once a port is implanted, a healthcare provider can use a Huber needle to help treat a patient with minimal pain because these non-coring needles are typically high gauge, meaning they have smaller diameters. The port functions as a prolonged access site for medical providers to administer everything from antibiotics to chemotherapy, as well as to withdraw blood. This eliminates the need for constant large needle sticks each time a new fluid is given, which also reduces patient discomfort.

The power injection capability means that the device can also be used for Contrast-Enhanced Computed Tomography (CECT) scans. This is a type of CT scan where a liquid, which functions like a dye, is injected into the patient to create a distinction between different areas on the scan, allowing doctors to better visualize problem areas.

Bard PowerPorts may be chosen over other methods for other reasons, as well, including:

  • Reduced infection risk - The Bard PowerPort catheter is fully internal. Traditional injections are at higher risk for infection because of their exposure to bacteria.
  • Comfort and quality of life - Reduces the need for frequent needle sticks and provides a more comfortable experience for patients (in theory).
  • High flow rate - Because certain treatments require fast infusion of medication or fluids, the PowerPort makes a good option in the Doctor's eyes, for its ability to quickly deliver medication to the patient.
  • MRI compatibility - If regular imaging studies are needed, a doctor may choose Bard PowerPort, as they won't have to remove the device every time an MRI is needed.
  • Discretion and mobility - The patient can freely move around without tubes or wires inhibiting them throughout the day.

Doctors saw the benefits of using Bard PowerPorts for their patients because of the many positives. Patients relied on the safety of these catheters to make their lives easier, their appointments free from pain, and their lives more comfortable.

Unfortunately, many patients have only experienced more complications as a result of using the device, not the increased comfort and ease of use that the brand marketing focuses on. Our committed team of Bard PowerPort injury lawyers is prepared to guide you through, ensuring you receive the compensation you deserve. Contact us today at 866-535-9515 or fill out our brief online form to arrange a complimentary consultation.

Understanding How Bard PowerPorts Are Defective

Bard PowerPorts may have a dangerous design flaw related to its polyurethane catheter tubing. The tubing needs to be semi-flexible in order to be inserted into a blood vessel, but the combination of materials that make it pliable has failed, which now compromises the structural integrity. The flexible tube is known as a catheter which is attached to a port. More specifically, Bard PowerPort catheter tubing is partially made of barium sulfate, which acts as a contrast for X-rays, and polyurethane, a class of polymers commonly used in foam.

When improperly mixed or combined in an incorrect ratio, the barium sulfate can cause the polyurethane catheter to break down. As the catheter deteriorates, it can create serious problems by:

  • Fracturing and splintering off into the body
  • Moving from its original location and/or
  • Developing pits that can collect bacteria and cause an infection

In the Bard PowerPort Lawsuits, plaintiffs allege that the level of barium sulfate used in the catheter tubing was too high, leading to serious medical problems.

More specifically, the concentration of the barium sulfate is alleged to be too dense to blend properly with the polyurethane materials. As a result, the barium sulfate was not evenly distributed when it was combined with the polyurethane, creating deposits and air pockets that weaken the tubing. This effectively made the Bard PowerPort catheter tubing brittle instead of flexible and prone to breakage. 

Which Injuries Are Associated With Defective Bard PowerPort Device?

Patients with defective Bard PowerPort catheter implants have reported several severe and potentially life-threatening injuries related to the decomposition and migration of the devices. The law firm associated with Lawsuit Legal News is working with numerous clients who allege their port fractured, the device failed, and broken pieces migrated as a result of Bard's defective design.

Most of the patients' injuries pertain to cardiovascular damage caused by the flawed ports. With implantable port devices, one of the major risks is blood clots. These clots can travel to the heart, lungs, or brain and cause serious issues, including stroke, heart attack, and more. Thus far, Bard PowerPorts have been connected to a wide variety of injuries. Malfunction and migration of the Bard PowerPort implant have led to the following injuries:

  • Blood Clots
  • Infections From Bacterial Growth
  • Perforations of Organs and Blood Vessels
  • Deep Vein Thrombosis (Dvt)
  • Vascular Damage 
  • Cardiac Arrhythmia
  • Cardiac Punctures
  • Cardiac Perforations
  • Cardiac or Pericardial Tamponade
  • Organ Damage
  • Heart Attack or Myocardial Infarction
  • Hematoma or Hemorrhage
  • Hemothorax - Blood Pooling Between The Chest Wall and Lung 
  • Pneumothorax - Also Called a Collapsed Lung
  • Pulmonary Embolism - A Blood Clot That Blocks Blood Flow From Traveling To The Lungs
  • Pulmonary Pseudoaneurysm - An Injury To The Blood Vessel Wall
  • Stroke
  • Tachycardia - Unusually Fast Heartbeat
  • Severe and Persistent Pain

Bard PowerPort Defects Cause Complications For Patients Who Are Already Battling Existing Health Conditions

Patients who have Bard PowerPort catheters are usually already seriously ill, which means that a malfunctioning catheter tube can be even more dangerous to their health. For example, patients receiving chemotherapy typically have fragile immune systems, so if a defective PowerPort used to administer their treatment causes an infection, it can quickly become deadly.

If you suspect any problems with your Bard PowerPort or experience signs of an injury from the device, contact your healthcare provider immediately. The most important reason you should notify your doctor about any port-related problems is to protect your body and avoid further injury.

However, from a legal perspective, if you fail to seek medical care when needed, an insurance company or medical device manufacturer can try to challenge your credibility to reduce your legitimate legal claim. They may argue your injuries are not as severe as you claim and try to reduce or deny the compensation you truly deserve.

Bard PowerPort Lawsuit Plaintiffs Allege the Company Was Aware of Critical Issues But Buried the Evidence

Plaintiffs have accused Bard Access Systems of intentionally withholding information about the defective catheter tubing used in the Bard PowerPorts. Healthcare providers reported problems with the device after their patients began developing blood clots and infections that were traced back to the deteriorating port catheter tubing. 

These healthcare professionals did the responsible thing and informed Bard Access Systems and Becton Dickinson & Company about their patients' injuries. In fact, these concerns have been repeatedly conveyed to Bard Access Systems as "adverse event reports" since Bard PowerPorts became publicly available more than 20 years ago.

Similar port products made by other companies received considerably fewer complaints, reinforcing the theory that Bard should have reasonably known that there was an issue with the catheter tubing of their PowerPorts.

How Bard Access Systems Evaded Accountability for Decades

Despite receiving physicians' notifications about potentially harmful port defects, Bard Access Systems used its special clearance to avoid publicizing these reports. The Bard PowerPort had received FDA approval to be marketed before completing the usual level of testing under the agency's §510(k) provision

This provision allows early marketing of devices that are deemed similar enough to other products that are already FDA-approved. This designation also allowed Bard to circumvent standard FDA reporting protocols that would have otherwise made the adverse event reports publicly accessible.

Instead of taking responsibility and issuing a recall, Bard Access Systems and its parent company, Becton Dickinson & Company, did not warn providers, continued to market and manufacture the defective PowerPorts, and inaccurately claimed that any fracturing of the catheter tubing was attributable to surgical error. Bard's conduct will likely be used against it to establish liability in the personal injury claims brought against them. 

PowerPort Product Liability Lawsuits Are Based on Failure to Warn and Defective Design Theories

What are the Bard PowerPort lawsuits alleging, and how does that fit within product liability laws?

Bard PowerPort Lawsuit Allegations

We plan to demonstrate the Bard PowerPort devices are defective and dangerous. This can lead to potential infections. Further, Bard Powerport implanted port failures can cause organ damage, deep vein thrombosis, and potentially death.

Product liability cases differ from regular personal injury cases because they depend on proving that a product is defective and that requires certain elements. Here's a breakdown of why a product might be considered defective:

  1. Design Defect: This occurs when the way a product is designed makes it unsafe. Imagine a toy that has small parts that are choking hazards for young children. In this case, it's the design of the toy that makes it unsafe. The same would go for something like a lithium battery in a cell phone that was effectively designed, causing it to catch fire.
  2. Flawed Manufacturing Practices: Defects can also occur during the production process due to human errors, machine errors, and all kinds of other things that can go wrong in a huge factory. For instance, a car might have faulty brakes because they were assembled improperly on the manufacturing line.
  3. Negligent Distribution: Defects can also be caused by improper handling or storage as the product moves through the distribution chain. A medication, for example, could go bad if it's not stored in a cool, dry place during distribution. This could make the product either not work at all or cause it to work incorrectly. This would still be considered a defective product.
  4. Failure to Warn: Finally, the manufacturer has a responsibility to warn the public about the potential risks associated with using the product. For example, if an implanted medical device broke down and released harmful chemicals into the body, causing serious injuries, and the manufacturer knew or should have known that this could happen, then the product would be considered defective.

In the Bard PowerPort lawsuits, plaintiffs could potentially argue that Bard Access Systems was negligent based on multiple legal theories. Adverse event reports have revealed many injuries from Bard PowerPorts, the most worrisome of which are catheter fractures, catheter breakage, and catheter migration.

Let our attorneys help you get the compensation you deserve if you suffered injuries from your port. Contact us today at 866-535-9515 or fill out our online form to arrange a complimentary consultation.

Product Liability Theories That Support a Bard PowerPort Lawsuit

One of the strongest legal arguments relates to the polyurethane catheter tubing that was poorly conceptualized because the ratio of the two key ingredients ultimately renders the product defective. In addition to the ratio problem, the manufacturing process did not fix or compensate for this error, and the barium sulfate was allowed to clump instead of mix evenly with the polyurethane material, resulting in tubing that is inclined to break down.

Finally, Bard Access Systems and Becton Dickinson & Company did not warn the medical community using these devices or the patient consumers receiving the ports about the problems associated with Bard's PowerPorts. Medical device manufacturers have a duty to safeguard potential users.

By law, a product manufacturer has a legal duty of care to warn consumers if the maker is aware, or should have been aware, of trouble related to the product. In Bard's case, the company was notified about the polyurethane catheter tubing issues, so Bard Access Systems should be legally obligated to warn prescribing doctors and patients about the potential danger of their defective port catheter.

When the maker of a faulty product fails to fulfill their duty of care to consumers by creating a dangerous product and concealing harmful defects, they can be held liable for compensating the injured plaintiffs who were harmed by their malfunctioning or dangerous medical device. Many injured plaintiffs are currently seeking compensation in the Bard PowerPort lawsuit multidistrict litigation.

Which Damages Can You Request in a Bard PowerPort Claim?

When life-threatening injuries are involved in a product liability claim, the financial damages can be extensive. Bard PowerPort plaintiffs may suffer ongoing costs related to health issues resulting from a defective polyurethane tube, such as a serious infection, organ damage caused by a blood clot, or permanent disability from a stroke.

Product liability lawsuits allow the injured party to seek compensation for economic and non-economic damages to help restore the injured person's life to the position they were in before they were hurt by a defective medical device.

If your PowerPort polyurethane catheter tubing fractured or your port moved from its original placement, you are likely facing bills for additional treatment, taking time off work to receive medical care or recover, and incurring other unexpected expenses.

These financial costs can add up quickly, but you can request compensation for these losses as economic damages. The intangible costs of your injuries, like stress and pain, can also be compensated as non-economic damages.

Examples of potential damages you may be able to recover in a Bard PowerPort lawsuit include:

  • Medical bills
  • Lost wages
  • Cost of a new port
  • Pain and suffering
  • Loss of quality of life
  • Wrongful death damages if the port led to a loved one's death

Steps to Take if You've Experienced Serious Side Effects as a Result of Using a Bard PowerPort Catheter

If you've used a Bard PowerPort catheter within the last decade and experienced serious side effects or developed issues as a result of use, you may be able to file a lawsuit to receive compensation for your damages. If you've experienced serious side effects or developed cancer or other serious medical conditions as a result of use, you should take the following steps.

  1. Gather any medical documentation that you have regarding your Bard PowerPort catheter and any follow-up treatment that was required as a result of the serious side effects.
  2. If you're uncertain whether or not your condition resulted from using the Bard PowerPort, speak to your doctor about your side effects and symptoms.
  3. Schedule a free consultation with an experienced mass tort lawyer. An experienced Bard PowerPort lawyer will be able to walk you through the lawsuit process, making your job simple and stress-free.
  4. Continue receiving any treatment necessary for your condition while waiting for the results of your lawsuit.

Why You Need a Bard PowerPort Lawyer to Represent You

If you have a Bard PowerPort, there’s a greater possibility that you are navigating a serious health issue like cancer. If you have experienced an additional injury caused by a defective PowerPort, it is unlikely that you have the time or capacity to effectively represent yourself in a product liability claim. Defective device claims are especially complicated and require a high level of legal education and skill to successfully navigate the personal injury litigation process.

An experienced Bard PowerPort lawyer can help build your claim. We are well-versed in the defects and issues related to the implanted port device. In fact, we presently represent a number of individuals who sustained very serious injuries as a result of catheter migration, catheter fracture, and other harm like infections and blood clots.

Medical device companies and their insurers are motivated to protect their profits and their reputation. Accepting fault in a product liability lawsuit undermines both of these priorities. To safeguard their interests, companies like Bard Access Systems, along with Becton Dickinson and Company, as well as their insurance carrier, will utilize a sophisticated legal team, which means you should too. A personal injury attorney will be prepared for the complex workload that accompanies this type of claim.

Experienced Bard PowerPort lawyers will also have the resources to build a solid case on your behalf. Your injury attorney must be equipped to deal with procedural issues, gather and present evidence in a compelling manner, and provide the negotiating experience needed to recover the compensation you need.

Hiring a reputable product liability attorney to represent you shows the defendant’s legal team that you have someone fighting on your behalf to secure a settlement or verdict that accurately reflects your specific losses rather than accepting the first offer just to settle the case. You’re more likely to be taken seriously and receive a reasonable settlement with the help of a skilled personal injury lawyer affiliated with Lawsuit Legal News. Call 866-535-9515 or complete our online form for a free consultation with one of our Bard PowerPort Injury Lawyers today.

Not all personal injury lawyers have experience negotiating defective medical device claims, but extensive experience is essential to ensure your claim is protected and fairly compensated. 

The Lawsuit Legal News team represents clients seeking compensation for dangerous medical devices like metal-on-metal hip implants and CPAP breathing machines, and we won't back down from handling complex mass tort issues.

We can provide insightful, reliable legal advice about how to approach your Bard PowerPort lawsuit. As your defective medical device lawyers, we will work tirelessly to secure maximum compensation for your losses by demonstrating the defendant’s negligence, proving that they are liable, documenting your damages, and strategically advocating for the maximum settlement or verdict possible.

Contact an Experienced Personal Injury Lawyer at LLN About Your Bard PowerPort Lawsuit

As a patient, you should be able to trust that medical devices are safe and effective, but unfortunately, this is not always the case. The flaw in Bard PowerPort catheter tubing has jeopardized the health and financial futures of numerous vulnerable patients over the past decades, while the manufacturer failed to issue a warning to alert the public about the risks. 

At Lawsuit Legal News, we believe that when a company like Bard Access Systems prioritizes profits over patient safety, it should be held accountable for the harm it causes. Our team of accomplished medical device lawyers will leverage evidence to show that the company's negligence led to life-threatening injuries that unfairly burden sick patients with additional medical bills, lost wages, and pain and suffering, along with other damages like emotional distress. You don’t have to suffer the financial and emotional consequences of your Bard PowerPort injuries without fair compensation.

If you were injured as a result of a Bard PowerPort implanted catheter migration, we would like to speak with you immediately. We are representing victims in catheter migration cases throughout the United States. We can determine if you are eligible to file a Bard PowerPort lawsuit. If your device migrated or fractured in any manner, you may be eligible to file a port catheter lawsuit.

The Bard Powerport multidistrict litigation is quickly progressing after plaintiffs’ attorneys proposed a leadership structure. It is crucial to begin the process of filing your claim sooner rather than later. Our team of Bard Powerport injury lawyers can guide you through the personal injury claims process to secure financial compensation.

Call 866-535-9515 today or complete our simple online form for a free consultation with one of our compassionate and tenacious Bard PowerPort Injury Lawyers.

Don't wait any longer, call 866-535-9515 or submit your case for review today!

Attorney Matt Dolman Discusses His Experience with Helping Injured Victims of Bard PowerPorts

Matt Dolman recounts what it's been like speaking to and helping people who have been injured because of Bard PowerPort, and why he is so passionate about helping them.

"I have always handled complex defective device litigation; it's one of my main passions because I got sick of seeing how medical companies and pharmaceutical companies always made mistakes and acted negligently, and it was always the everyday type of person who was being hurt.

While working on defective medical device cases, in particular, I've encountered many cases that profoundly affected the lives of people and their families when they were at their most vulnerable.

Out of all of these, the problems with the Bard PowerPorts have stood out due to the severe and life-altering injuries patients have experienced WHILE they are also dealing with other serious problems like cancer and a ton of other serious illnesses that required them to get a port in the first place.

Hearing firsthand from patients who contact me because they suffered due to Bard PowerPorts has been both heart-wrenching and motivating. These individuals who are already battling significant health challenges just wanted a solution to make their treatment more bearable. Instead, they got complications and more problems that, in some cases, have had devastating consequences on their health and well-being.

The common thread I've seen in these stories is the design flaws in Bard PowerPort devices that have caused patients to experience so much suffering. These issues like device deterioration, migration, and severe infections have caused these people to have vein perforations, bleeding, a build-up of blood around the heart, cardiac arrhythmia, and almost always severe and persistent pain. And of course there are a lot more.

I have tried my best to do whatever I can to help these people. And in this case, it's to listen, understand, and act.

The people I have spoken to and who have signed up for a Bard PowerPort lawsuit have placed their trust in me, and that's not something I take lightly. It's my responsibility to ensure their voices are heard in court and that they not only receive the money they need to pay their bills and rebuild their lives but that they also get some sense of justice after all the days, weeks, and months of suffering because of these implants.

The legal process in these cases is complex, involving an understanding of complex product liability laws and the medical and legal nuances involved. Our allegations against Bard focus on their failure to warn patients and the medical community at large about the risks associated with the PowerPort catheter, as well as the company's deceptive conduct in concealing their device's failures.

Through meticulous preparation and our collective experiences, I believe our team here at Dolman Law Group is not only capable but is the best team to show the extent of Bard's negligence and the impact that their actions have had on real patients' lives.

We know that it's important that empathy and expertise are at the core of our approach. My mindset is to let the physical and emotional toll these injuries have taken on patients and their families guide my strategy in every case. And I know that is how Stan and our other lawyers feel too.

We want to tell the story of each individual affected by these devices so they feel heard As I said, filing a lawsuit against Bard, Becton Dickinson, and the other manufacturers is not just about seeking financial compensation. It's about putting a spotlight on the negligence that allowed these devices to harm patients in the first place and pushing for change.

As we move forward with the litigation, we don't know what is going to happen. But my focus remains on achieving justice for those harmed by Bard PowerPorts. The courage of my clients to face these powerful corporations is a stark reminder of my role in helping them and the role that my job can have in bringing about change that truly helps people.

Hear from Real People Who Have Shared Their Bard PowerPort Stories

The following are real stories from patients who have or had a Bard PowerPort installed in their body. For lots of people, the port is convenient since it prevents having to be poked hundreds of times during treatment for blood draws and medication injections. But for others, the reward was not worth the outcome.

“I have a Bard PowerPort, and I found out that cancer patients are prone to blood clots, and I just had surgery. Now I am experiencing pain, redness, and swelling, and I had to get booked for a scan.”

-Cancer patient worried about possible blood clots

“My [Bard] PowerPort catheter line was sore to the touch, especially where it went over my clavicle bone. I have had two clots (subclavian and internal jugular) at the same time. The other night I woke up to my right arm being almost triple the size, all the way to my fingers, and that’s how I knew something was wrong. It could be positional pain or even a pocket infection, but I am still waiting to get it checked out.”

-Patient suffers subclavian and jugular blood clots

“My [Bard] PowerPort catheter line was sore to the touch, especially where it went over my clavicle bone. I have had two clots (subclavian and internal jugular) at the same time. The other night I woke up to my right arm being almost triple the size, all the way to my fingers, and that’s how I knew something was wrong. It could be positional pain or even a pocket infection, but I am still waiting to get it checked out.”

-Patient suffers subclavian and jugular blood clots

“My [Bard] PowerPort catheter line was sore to the touch, especially where it went over my clavicle bone. I have had two clots (subclavian and internal jugular) at the same time. The other night I woke up to my right arm being almost triple the size, all the way to my fingers, and that’s how I knew something was wrong. It could be positional pain or even a pocket infection, but I am still waiting to get it checked out.”

-Patient suffers subclavian and jugular blood clots

“I had a port removed because of an infection. I felt like I got punched in the chest. It was only in for eight weeks. Then, I had to have that one removed and a new port placed on the opposite side two weeks ago. Ice has helped a lot, and I am taking Tylenol to help with the pain. I will have to wait and see how this port works out.”

-Woman had port removed due to painful infection

“I have a Bard PowerPort. I got it placed on March 3, 2023. For the last two days, I've been dealing with soreness and mild pain at the site. It's not the port itself though; it's the catheter part that hurts. It's been used twice, and my third chemo is coming up. I have contacted my doctor, and they said it could be a sign of infection around the port site or a line infection.”

-Cancer patient worried about possible infection

“I know there’s a huge class action lawsuit about Bard PowerPort. I had one installed and nearly died! Parts broke off and caused clots and could have caused a pulmonary embolism or worse. I recommend that you have your team check EVERYWHERE for clots and get it replaced if possible if you have one.”

-Parts of PowerPort broke off in the patient's body.

“[Bard PowerPorts] certainly make treatments easier and avoid collapsed veins, but like with every surgery, it has risks. My port resulted in infection after one use, was removed in the office, and is healing by secondary intention, which means the surgical incision was left open and needs to be packed and dressed daily as it heals from the inside out. [My] chemo is now delayed. I wish I never got one.” 

-Bard PowerPort user recalls infection after first use

“My port gave me a staph infection after a single treatment. I had Chemo last Friday. I got really sick over the weekend and went to my doctor on Monday. I was admitted to the hospital through the ER and had emergency surgery Tuesday morning to get it out. Now I have a big ugly scar. I spent five days in the hospital. I had a PICC line for IV antibiotics my mom had to give to me at home for three weeks. I had to have home nurses who came to get blood and change dressings. Getting it pulled out didn’t hurt–it just felt really weird. It was way worse going in. That was painful, and they said it wouldn’t be. But I’m defective, so of course, it didn’t go well. She had to try three times because my veins just weren’t cooperating. I was about a minute away from having to go downstairs to imaging to get it done. Once it was in, it hurt like hell, and I had to request more pain meds. Again, removing it wasn’t so bad, just weird. I don’t regret the port, mostly because I didn’t have a choice. They will not give me treatment without it. I had my appointment with an infectious disease doctor on like Thursday, I think, and will have my surgery scheduled for Friday, assuming I’d be cleared for a new port. Two ports. More ugly scars. But it is what it is.”

-Bard patient discusses his staph infection during chemo treatment

“My port isn’t for convenience. They will NOT give me chemo without it because of how harsh my drugs are on veins…I still know it’s there sometimes, but it doesn’t really hurt anymore. My first port did get infected after a single use. I wound up in the hospital for five days, had a fever of 103 degrees, and had home antibiotics for a month before I could get a new port to continue treatment.”

-PowerPort caused this patient's hospitalization, fever, and infection

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