As of March 2024, there are no settlement offers in the Bard port catheter lawsuit. The multidistrict litigation (MDL) in this case is currently underway. While this case is proceeding quickly, it could still be a year or more before plaintiffs know how much they might receive from a settlement, if one becomes available.
There is no way to determine how much a plaintiff might receive based on their Bard port catheter injury case. However, discussing your legal standing and next steps with a lawyer handling these cases can help you better understand how the cases work and the damages you might recover. Most provide free consultations for injury victims.
What Is the Current Status of the Bard Port Catheter Lawsuit?
Sr. District Judge David G. Campbell is overseeing MDL 3081 IN RE: Bard Implanted Port Catheter Products Liability Litigation in U.S. District Court, District of Arizona. As of March 2024, pretrial motions are ongoing, and the parties should begin the discovery process soon. The discovery phase in this case, like other medical product liability cases, could be extensive.
The plaintiffs and defendants, C.R. Bard, Inc. and parent company Becton, Dickinson, and Company (BD), could have up to a year to complete discovery and uncover the evidence to support their cases. Judge Campbell has set a deadline of March 10, 2025, for the parties to agree on which cases will serve as six bellwether trials.
Many cases reach settlements as the discovery phase wraps up or following the first bellwether trials. This would put possible settlement negotiations in early 2025 or later in the year once the first bellwether trials end.
Of course, the defendants may not attempt to settle these cases. If the evidence shows their products did not cause the alleged injuries or the bellwether cases go in their favor, the companies may refuse to offer a settlement.
What Is the Basis of MDL 3081 IN RE: Bard Implanted Port Catheter Products Liability Litigation?
The Bard port catheters at the center of these lawsuits, known as the Bard PowerPort, are a type of implanted catheter for the intravenous delivery of fluids or medication. For example, they might be implanted in patients who require ongoing chemotherapy treatment for cancer.
The lawsuits in this MDL allege inherent design and manufacturing flaws with the Bard PowerPort. According to plaintiffs, these catheters can fracture and migrate, leaving them with serious injuries such as vascular damage.
As a result of these injuries, those who received a Bard PowerPort device and suffered complications can file a product liability lawsuit against Bard and its parent company and join the MDL.
Although the case is already underway, new plaintiffs can still file suit to hold the manufacturer of these PowerPort catheters responsible for their injuries. If you or a loved one received one of these implants and it later failed and caused injuries, you should talk to an attorney representing plaintiffs in these cases right away.
C.R. Bard, Inc. Has a History of Settling Defective Device Cases
C.R. Bard, Inc. is a medical device company making a wide range of medical, hospital, and surgical products. C. R. Bard was acquired by Becton, Dickinson, and Company (BD) in 2017.
Over the years, the patients have accused the company of making several dangerous or defective products and filed lawsuits against the company.
The legal battles have concerned:
- Hernia mesh implants
- Vaginal mesh implants
- Inferior vena cava (IVC) filters
- Faulty heart catheters
Bard and its parent company continue to fight accusations of faulty medical devices in the PowerPort catheter case and two other MDLs:
- MDL 2641 IN RE: Bard IVC Filters Products Liability Litigation
- MDL 2846 IN RE: Davol, Inc./C.R. Bard, Inc., Polypropylene Hernia Mesh Products Liability Litigation
While the outcome of these cases will not affect the settlement amount in an implantable catheter lawsuit, we do know that these companies have a history of paying massive settlements to consumers hurt by their products.
Like the PowerPort cases, these lawsuits often allege defects in the design or manufacture of medical devices and inadequate warnings about potential risks and complications associated with their use.
Don't wait any longer, call 866-535-9515 or submit your case for review today!
Your Bard PowerPort Settlement Will Depend on Your Damages
In any product liability lawsuit, the recoverable damages depend greatly on the specific details of the case.
This includes:
- The defect that occurred
- The severity of injuries
- The expenses and losses incurred
- The applicable laws, such as caps on compensation
- The type of settlement offered or verdict issued
Your attorney will assess your case and help you understand your recoverable damages. This could include:
Compensatory Damages
Compensatory damages cover your economic and non-economic expenses and losses. Your lawyer will document these costs and show why you should recover them through your lawsuit payout.
They could include:
- Medical Expenses: You can seek compensation for past and future medical expenses necessary to treat injuries caused by a Bard PowerPort catheter.
- Lost Income and Loss of Earning Capacity: You can pursue money for any lost wages due to missed work. Additionally, if your injuries affect your ability to earn in the future, you can seek damages for loss of earning capacity.
- Other Economic Damages: It is possible to request compensation for other types of tangible financial losses, as well. This could include any out-of-pocket expenses you experienced because of the catheter’s failure and your necessary medical care.
- Non-Economic Damages: Non-economic damages compensate you for your intangible losses. These costs are more difficult to quantify than economic damages. Examples include pain and suffering, emotional distress, loss of consortium, and loss of enjoyment of life.
Punitive Damages
Punitive damages punish the defendant for the company’s particularly grievous conduct with the hope that these damages will deter similar actions from this company and others. Punitive damages generally only apply when a defendant has engaged in willful misconduct, gross negligence, or recklessness.
How Much Were Settlements in Other Dangerous and Defective Medical Device MDLs?
Over the years, companies have settled many other medical device product liability MDL lawsuits. These cases involve various device manufacturers, products, and defects. Some cases involve thousands of victims. All these factors affect the potential value of a settlement.
For example, the U.S. Judicial Panel on Multidistrict Litigation reports that the Bard PowerPort MDL only has around a hundred plaintiffs as of March 1, 2024. For that reason, any settlement offers paid out to all claimants will likely be much smaller than one offered in a case with several thousand injured victims.
Some notable defective medical device settlements include:
- DePuy ASR Hip Implant, MDL 2197: DePuy Orthopaedics, a subsidiary of Johnson & Johnson, faced thousands of lawsuits over its ASR hip implants. In 2013, Johnson & Johnson announced a $2.5 billion settlement to resolve most of the lawsuits related to these implants.
- Transvaginal Mesh, Numerous MDLs: Several manufacturers of transvaginal mesh devices faced lawsuits alleging serious injuries and complications. Companies, including Johnson & Johnson, Boston Scientific, and Bard, reached settlements totaling hundreds of millions of dollars to resolve thousands of claims.
- Bard IVC Filter, MDL 2641: C.R. Bard continues to face litigation over its inferior vena cava (IVC) filters. These implanted devices designed to prevent blood clots can fracture and cause serious and deadly health concerns. In 2020, Bard settled thousands of pending claims for over $100 million.
- Essure Birth Control, MDL 2739: Bayer faced lawsuits over its Essure birth control device, a permanent sterilization implant. In 2020, Bayer announced a settlement of nearly $1.6 billion to resolve most of the claims.
What Happens During an MDL and When Can I Expect Settlements in the Bard Port Catheter Lawsuit?
Multidistrict litigation involves many parties all navigating specific legal procedures together, making careful coordination imperative. Even when MDLs are relatively small, like the Bard port catheter lawsuit, they take time.
The steps involved in the MDL process generally include:
- Centralization of Cases: The U.S. Panel on Multidistrict Litigation opts to consolidate multiple similar cases that all involve the same questions of fact. This consolidation helps plaintiffs share resources, streamline the proceedings, prevent conflicting rulings, and prevent a serious backlog of cases in the lower courts.
- Transfer to a Single District Court: An MDL transfers cases from various federal districts to a single district court for coordinated pretrial proceedings, discovery, and bellwether trials. Most cases do not return to their initial jurisdiction following this transfer.
- Establishing the Leadership Structure: The U.S. District Court judge overseeing the MDL will appoint the attorneys of specific plaintiffs to represent all plaintiffs in the MDL. Known as a steering committee, these lawyers will work together to coordinate litigation strategies, navigate discovery efforts, and handle other aspects of the case.
- Pretrial Proceedings: Some MDLs require extensive pretrial proceedings. During this time, pretrial motions, discovery, and many procedural steps must occur. The goal of each step is to prepare for bellwether trials or move the case toward a potential settlement.
- Bellwether Trials: Bellwether trials, which could come as soon as Fall 2025 in this case, occur when a few representative cases go to jury trials under the oversight of the MDL judge. The outcomes of these trials do not apply to other lawsuits in the MDL but provide insight into how other cases might be resolved. When plaintiffs win these cases, it often leads to settlement negotiations.
MDL settlement offers most often occur after discovery or after bellwether trials. This is when the defendant recognizes they are unlikely to win the case and wants to put it behind them without the possibility of paying huge court awards in the case.
MDL proceedings often involve extensive settlement negotiations between the lawyers representing the plaintiffs and defendants.
These negotiations may be facilitated by court-appointed mediators or conducted independently by the parties’ attorneys. Settlements could be global (shared between all plaintiffs), tiered (shared between those with similar injury severity), or individual.
When Should I Hire a Bard PowerPort Lawsuit Attorney for My Case?
If you believe you qualify to join the Bard PowerPort MDL, discuss your options with a mass tort lawyer as soon as possible. While there is still time to file a lawsuit and join the 100+ others in this MDL, the case is proceeding through the process quickly.
Participating in an MDL is not something you want to try to do on your own. Navigating this process required adhering to the rules and procedures of these complex legal cases. Your attorney will handle your case and ensure you stay informed about developments in the MDL.
The benefits of hiring a lawyer to manage your Bard PowerPort injury case are numerous. Your lawyer will navigate the legal process on your behalf and protect your rights.
This includes developing a strong legal strategy tailored to your needs, advising you on the best course of action at each step, and advocating on your behalf throughout the legal process.
Your lawyer will develop a compelling case to support your lawsuit.
They will thoroughly investigate your case by:
- Gathering evidence
- Interviewing witnesses
- Obtaining expert opinions
- Analyzing medical records
- Documenting damages
Finally, your lawyer will manage all settlement negotiations for your payout when and if the time comes. They will deal with the defendant’s legal team or insurance company and fight for a fair and just settlement that adequately compensates you for your injuries.
More than anything, having an attorney on your side will offer you peace of mind. Dealing with a defective medical device and the injuries it causes can be overwhelming and stressful.
Those hurt by Bard’s implantable port catheter were already likely facing significant health challenges. This product made their lives even more difficult. With an attorney on your side, you can focus on your health, knowing that your case is in knowledgeable and experienced hands.
Discuss Your Bard Port Catheter Injuries and Lawsuit for Free
Law firms representing plaintiffs hurt by Bard’s implantable port catheters offer free consultations for victims. Hiring a lawyer with experience in defective medical product lawsuits to manage your case can significantly increase your chances of recovering the compensation you deserve.
If you believe you qualify to join the Bard PowerPort lawsuit or have questions about your eligibility, call (866) 535-9515 now.