Bard Port Lawsuits Consolidate Into an MDL in the District of Arizona

Bard Port Lawsuits Consolidate Into an MDL in the District of Arizona

The Judicial Panel on Multi-District Litigation (JPML) has decided to allow all Bard PowerPort lawsuits filed throughout U.S. District Courts to consolidate into a multi-district litigation (MDL) before Judge David G. Campbell in the District of Arizona. BardPorts are catheter devices allowing healthcare professionals to administer medication, fluids, and nutrition to patients without puncturing the skin every time. However, these catheter devices have polyurethane tubing that has continuously malfunctioned and exposed people to severe illnesses, such as blood clots, infections, and cardiac arrhythmia.

With the new Bard PowerPort MDL, plaintiffs will benefit from a streamlined discovery process, and their lawyers will be allowed to share resources with other lawyers to collaborate on proving Becton Dickinson’s and Bard Access Systems’ liability. MDL Judge David G. Campbell oversaw a previous Bard MDL regarding their IVC filters that saw plaintiffs receive individual settlements to pay for their damages.

What Are Bard Powerport Catheters?

Bard PowerPorts , also known as Bard ports, are port catheter devices that help carry medicine and other fluids into the body. It is implanted underneath the skin and can attach to a catheter for intravenous delivery of medicine, fluids, nutrition, and blood. This product allows for an easy process for delivering necessary medication and fluids to patients, as the healthcare professional will not have to puncture the skin with a new needle every time a patient requires fluids.

The catheter attached to the injection port is made of polyurethane and barium sulfate. While this port catheter device has proven effective in expediting the process of medical liquid delivery, many patients have suffered severe health issues because of an issue with the catheter tube.

Defective Bard Powerports Cause Severe Injuries to Consumers

The problem with Bard PowerPorts and why many patients have suffered severe medical conditions is the design and manufacturing flaws concerning the catheter tube used to deliver fluids. Many allege that the catheter is structurally weak and can easily break down after being implanted into someone’s skin. They suggest that Becton Dickinson and its subsidiary Bard Access Systems improperly mixed the polyurethane and barium sulfate used in the catheter, making it less durable than it should be.

The high barium sulfate concentration in the catheter can cause polyurethane to break down when not appropriately mixed. Improper mixing has resulted in pockets of barium sulfate and entrapped air throughout the body of the catheter, resulting in fractures, deterioration, cracks, and fissures.

Defective Bard PowerPort Injuries

The catheter of a Bard Port breaking down while being used to transport fluids can result in the following health issues for patients:

• Blood infections
• Hematomas
• Cardiac arrhythmia
• Lacerated blood vessels
• Pulmonary embolism
• Organ or tissue damage
• Hemorrhages
• Necrosis
• Sepsis
• Cardiac arrhythmia
• Deep vein thrombosis

MDL Created for Bard Ppwerport Lawsuits in the District of Arizona

Many people that suffered medical conditions from defective Bard PowerPorts filed product liability lawsuits to hold Becton Dickinson and Bard Access Systems accountable for damages caused by their defective product. A group of ten plaintiffs filed a motion to consolidate all Bard PowerPort lawsuits in May 2023. Consolidation into a multi-district litigation (MDL) will allow all Bard Port lawsuits to be seen before one judge, which can streamline the discovery process and allow plaintiffs to pool resources.

Following oral arguments in July 2023, the Judicial Panel on Multidistrict Litigation (JPML) approved MDL consolidation for all Bard Powerport lawsuits on August 8th, 2023. All Bard PowerPort lawsuits consolidated before Judge David G. Campbell in the U.S. District Court of Arizona. The JPML decided to consolidate the lawsuits because they shared similar facts and allegations. Consolidation allows for a streamlined discovery process, reduces duplicative discovery, and prevents inconsistent rulings from different judges. 

The Defendants Opposed the Creation of the Bard Powerport MDL

Bard Port lawsuits were consolidated despite opposition from Becton Dickinson and Bard Access Systems. They argued that creating an MDL would lead to many unnecessary lawsuits from parties that would not have filed a lawsuit otherwise. 

According to the transfer order authored by the JPML, the defendants believe that “certain plaintiffs’ counsel have made false representations as part of an advertising campaign to solicit additional claims, and that creation of an MDL would reward such misconduct and lead to the filing of numerous additional non-meritorious cases.” Despite the defendants’ opposition to the MDL, the JPML decided creating it would be the best path to prevent a strain on court resources from the expected influx of Bard PowerPort lawsuits over the coming months.

MDL Judge David G. Campbell Oversaw Previous Bard MDL

In the MDL transfer order of the Bard PowerPort Lawsuit, the JPML noted that Judge David G. Campbell has presided over a Bard mass tort in the past. In 2015, Judge Campbell was the judge for the Bard IVC filter MDL that involved over 8,000 claims of Bard IVC filters that broke apart due to manufacturing and design defects. Fractures in the IVC filters led to punctures in the veins and tissues, which caused blood clots, organ damage, and hematomas.

This is now the second MDL Judge Campbell presides over that has to do with a Bard product having manufacturing issues that lead to the product breaking apart. In the Bard IVC filter MDL, a series of bellwether trials, one of which resulted in a $3.6 million verdict for a plaintiff, led to plaintiffs receiving individual settlements to pay for damages.

Contact a Product Liability Lawyer to Help With Your Bard PowerPort Lawsuit

Victims of medical conditions caused by Bard Ports should seek the legal counsel of an experienced product liability lawyer. They have experience in other product liability lawsuits, possibly involving defective hair relaxers, eye drops, and firefighting foam, that they can use to inform your case.

Mass torts can have a vastly different process than individual personal injury lawsuits, so having someone with specific mass tort experience in your corner can help put you in the best position to succeed. An experienced product liability lawyer can help you assess the value of your case, determine the at-fault party, file the necessary paperwork to join the MDL, share resources with other lawyers, and negotiate a fair settlement.