We place trust in medical devices to improve our health and enhance our quality of life. When these devices falter, that trust is shattered—often leaving behind physical pain and emotional turmoil. The Bard PowerPort, a medical device used to deliver medication, nutrients, and other solutions into the bloodstream, is one such device that has come under scrutiny for its potential defects and complications.
If you or a loved one has suffered due to the Bard PowerPort, the attorneys at Estey & Bomberger, LLP can help. Our experienced mass torts lawyers are well-versed in the intricacies of these defective product cases and have a strong track record of securing favorable outcomes for our clients. Contact us today for a free case consultation and take your first steps toward justice.
Why Choose the Attorneys at Estey & Bomberger, LLP?
- We staunchly believe that companies should be accountable when their products harm consumers. Our practice is dedicated to helping injured individuals secure justice and fair compensation.
- Our team of trial attorneys have secured millions of dollars in settlements and jury verdicts for our clients; in one five-year period, we recovered over $500 million. With a 99% success rate, we will work diligently to secure the best possible outcome in your case.
- Financial hardship shouldn’t prevent you from seeking quality legal representation. Our law firm operates on a contingency fee basis, meaning you won’t pay any legal fees unless we secure compensation on your behalf.
2024 Bard PowerPort Lawsuit Updates
If you have been affected by a defective Bard PowerPort device, you should be aware of the legal proceedings currently unfolding. The lawsuits against the manufacturer of these devices have been centralized into Multidistrict Litigation (MDL 3081), presided over by Judge David G. Campbell in the US District Court for the District of Arizona.
Here are some recent milestones in the Bard PowerPort litigation:
- April 22, 2024: The process to select bellwether cases has progressed, with the pool closing on April 1. These bellwether trials can influence outcomes in related cases by establishing patterns for settlement negotiations and valuations.
- April 15, 2024: A new lawsuit was filed by a Texas woman, asserting that her Bard PowerPort, implanted in 2018, caused her to develop atrial fibrillation.
- April 9, 2024: A dispute has emerged regarding whether Tim Ring, Bard’s former CEO, should be required to release documents for discovery. Plaintiffs argue these records are crucial for establishing the company’s knowledge of the device’s risks.
- April 8, 2024: The MDL continues to expand, with 154 cases now pending. Additionally, 27 related cases have been filed in the Superior Court of New Jersey.
- April 1, 2024: 10 new cases were added to the MDL in March 2024, bringing the total to 116. This gradual increase demonstrates the growing concern and knowledge surrounding these cases.
- March 8, 2024: A case management conference on March 1 did not restrict plaintiffs’ discovery as defendants had hoped. A follow-up meeting has been set to discuss further discovery progress.
- February 2, 2024: The discovery process has continued, with parties preparing for the next court session on March 1, 2024, in Phoenix to discuss the case’s progress and address any disputes. Judge Campbell also requested that parties finalize a preservation order for explanted port devices due to injuries.
- November 16, 2023: A status conference in Phoenix led to Judge Campbell issuing a Master Complaint and a Short-Form Complaint, enabling plaintiffs to file directly into the MDL. He also set a case management order that specified discovery deadlines from November 20, 2023, to January 31, 2025, with trials expected to start in 2026.
- October 18, 2023: Judge Campbell ordered the parties to file proposed protective, electronic discovery, and preservation orders by October 27, 2023. He also required the parties to meet and discuss the form of complaints and direct filing orders.
- August 9, 2023: The United States Judicial Panel on Multidistrict Litigation (JPML) centralized the Bard PowerPort cases in the US District Court for the District of Arizona, appointing Judge Campbell to oversee the MDL. Judge Campbell has extensive experience with MDLs, including the Bard IVC Filters Products Liability Litigation.
- July 27, 2023: During the JPML hearings, plaintiffs advocated for consolidation in the Western District of Missouri, where several cases had already been filed. Defendants opposed this, arguing that some plaintiff injuries were not directly linked to the Bard PowerPort. They suggested Utah or Arizona as alternative venues.
- June 16, 2023: The JPML announced it would hear oral arguments on July 27, 2023, in San Francisco to decide whether to create a centralized federal MDL. If approved, all pending and future federal lawsuits would be transferred to a single judge, streamlining case management and pretrial proceedings.
- May 24, 2023: Plaintiffs filed a motion with the JPML to consolidate Bard PowerPort lawsuits into an MDL and transfer the cases to the Western District of Missouri. The motion stated that at least ten lawsuits had been filed across various federal districts.
What Is the Bard PowerPort?
The Bard PowerPort is an implantable port/catheter device that provides access to a patient’s vascular system. It is used to deliver medications, blood products, intravenous fluids, and nutritional solutions directly into the bloodstream. There are two components within the device: an injection port and a catheter.
This injection port acts as the point of entry for needles administering medication and other fluids. The flexible catheter then serves as the channel to guide these medicines from the port directly into the bloodstream. What makes the Bard PowerPort unique is that medical professionals can use it to facilitate repeated access to a patient’s vascular system.
The catheter in the Bard PowerPort is made from Chronoflex AL. This material contains a mixture of polyurethane and barium sulfate, which makes it more visible on X-rays, CT scans, and other medical imaging studies.
The Bard PowerPort Has Dangerous Defects
While the Bard PowerPort has shown promise in the medical world, it is not without its share of complications. The device contains many design and manufacturing defects, which has led to a series of dangerous complications in patients:
- PowerPort Migration: After the Bard PowerPort is implanted, it can migrate or move out of its original position. In many cases, the flexible catheter tube can move out of the blood vessel into other parts of the body. The migration can occur alone, but it can also occur in conjunction with a fracture.
- PowerPort Fracture: The Bard PowerPort is also prone to fracturing. The material that the device is made out of is very brittle, which can cause tubing and other components to break off of it. As a result, these broken components can become lodged in the patient’s vascular system, leading to severe injuries and sometimes permanent damage.
- PowerPort Infection: Whenever the Bard PowerPort fractures or becomes degraded, bacteria can enter the device and lead to infections. This often occurs around the site of the port. In addition, the barium sulfate in the Chronoflex AL catheter can migrate from the device’s surface. As a result, the catheter can develop microfractures and structural alterations that can harbor bacteria, which can lead to infection and sepsis.
Why Are People Filing Lawsuits Against Bard?
After the Bard PowerPort was brought to market, the manufacturer witnessed several adverse event reports from medical providers. Many patients experienced Bard PowerPort catheter fractures after the implant and perforation of their blood vessels and other vascular structures.
Over time, allegations have been made against Bard, claiming that the manufacturer knew about these risks but failed to warn healthcare providers and their patients of the potential risks. As a result, patients have suffered serious and sometimes life-threatening complications.
Instead of addressing these concerns and pulling the device from the market, Bard marketed the device as a safe, effective solution. It even introduced an enhanced version of the PowerPort that was very similar to the original design.
Now, patients are filing lawsuits against Bard, alleging that the manufacturer failed to take necessary steps to warn patients and providers of the potential defects. These claims allow victims to hold Bard accountable for its actions and recover compensation to help pay for their medical care, lost wages, pain and suffering, and more.
What a Bard PowerPort Lawsuit Attorney Can Do for You
If you are suffering from complications caused by the Bard PowerPort, you can feel scared, overwhelmed, and in pain. In these situations, you deserve justice. However, filing a lawsuit can be a daunting task, especially while you are recovering from serious injuries.
A Bard PowerPort lawsuit attorney can help you fight for the compensation that you deserve. At Estey & Bomberger, LLP, our specialized product liability lawyers are dedicated to holding medical device companies accountable for their actions, leveraging our skills, experience, and knowledge to fight for the compensation that our clients deserve.
Our product liability attorneys can support your Bard PowerPort lawsuit in several ways, such as:
- Offering Legal Expertise: Your lawyer understands the intricacies and nuances of medical device litigation. With this knowledge and expertise, your attorney will guide you through every stage of your case, helping you navigate the legal landscape with efficiency and accuracy.
- Conducting Thorough Investigations: Bard PowerPort lawsuits can be complex, often involving lots of evidence and complicated technical details. Your attorney will conduct an in-depth investigation into your case, examining every piece of available information to craft a compelling case in your favor.
- Negotiating Aggressively: When negotiating with Bard’s legal counsel, you want to ensure that you are protecting your rights and best interests. Your attorney will advocate aggressively for your right to fair compensation during these discussions, making sure that any settlement agreements or decisions are in your favor.
- Enlisting Expert Witness Support: Often, the technical nature of Bard PowerPort lawsuits require the insights of an expert. Our firm has connections with respected medical experts and industry professionals, who can provide critical testimony to support your case.
- Providing Emotional Guidance: Undergoing a lawsuit can be emotionally taxing and difficult to navigate alone. Our attorneys understand the complex nature of these claims and will provide not only legal guidance but emotional support, reducing your stress during these times. You can focus on your recovery while we take care of the legal matters.
Injuries Linked to the Bard PowerPort
The Bard PowerPort is associated with several complications due to its manufacturing and design concerns. For many patients, these issues often develop after the device is implanted, and they do not discover their injuries until after the damage is already done.
This often manifests as vascular damage, thrombosis, infections, and many other complications. Below are some of the most common injuries that Bard PowerPort patients have reported.
Vascular Damage
Vascular damage refers to injuries sustained by the blood vessels, including veins, arteries, and capillaries. These structures are crucial for transporting blood throughout the body. When the Bard PowerPort is malfunctioning or fractures, the device can pierce or perforate the walls of the veins or surrounding tissues, leading to serious vascular damage.
Symptoms might include pain at the site of damage, swelling, discoloration and bruising, warmth around the site, and a diminished or absent pulse below the injury. Minor vascular damage may heal on its own or with minimal intervention, while severe cases might require surgery.
The prognosis for vascular damage can range from mild to severe, depending on the extent of the damage. To treat vascular perforation, you may require pain management, surgical repair of the blood vessel, and consistent monitoring for complications.
Deep Vein Thrombosis
Deep vein thrombosis, commonly referred to as DVT, is a serious condition where blood clots develop in the deeper veins, predominantly in the legs. Those affected by DVT might experience symptoms such as swelling, a warm sensation, skin discoloration, and pain in the impacted area.
When the Bard PowerPort is implanted, the device could potentially disturb the standard flow of blood or damage the vessel walls. This can create conditions that are conducive for clotting. Left untreated, DVT can spiral into severe complications, including life-threatening conditions like pulmonary embolism.
Common treatments for blood clots caused by Bard PowerPort and DVT involve anticoagulants or blood thinners and the use of compression stockings. In dire situations, you may require thrombolytic therapies designed to dissolve the clots.
Infections
Infections occur when harmful microorganisms invade and proliferate the body. When the Bard PowerPort fractures, malfunctions, or is inadequately inserted, it can serve as a gateway for bacteria. In other cases, the device can form an entry point for external pathogens.
Common indicators of a Bard PowerPort infection range from fever and chills to pain, redness, warmth, and pus at the site. If infections are caught early and treated, they are often manageable. However, if they progress to more serious forms, like sepsis, urgent medical attention is required.
Treatment for infections commonly consists of antibiotics to help kill the bacteria. In grave situations, surgical interventions might be necessary.
Catheter Fracture
A catheter fracture occurs when a catheter component breaks or snaps. When this happens, the patient can experience pain, localized swelling, challenges in using the catheter for its purpose, and other signs indicative of related injuries, such as vascular issues. The Bard PowerPort is susceptible to breakage due to manufacturing and design defects.
To avoid complications, catheter fractures should be addressed as soon as possible. In many cases, treatment requires a surgical procedure to extract the fractured segments, followed by the replacement of the catheter.
Catheter Migration
The Bard PowerPort’s catheter may unintentionally move from its initial positions to another bodily location. Symptoms accompanying this displacement may include pain, irregularities in heart rhythms, and difficulties associated with device utility.
A faulty or improperly anchored PowerPort might not remain fixed, thereby enabling the catheter’s unintended migration. This injury can range from minor to very severe, depending on its new location and any resulting injuries. Treatment involves repositioning or removing the catheter, often requiring surgical intervention.
Who Is Eligible for a Bard PowerPort Lawsuit?
If you have suffered complications due to a Bard PowerPort, you may be eligible for legal action against the device’s manufacturer. However, not every Bard patient is eligible for litigation. Generally, you must meet the following criteria to qualify for a legal claim:
- First, you must have had the Bard PowerPort implanted in your body, or another Bard port/catheter device.
- Second, the device must have fractured, migrated, or otherwise malfunctioned after the implantation.
- Third, you must have suffered physical injuries as a direct result of the problems associated with the Bard PowerPort.
If you are unsure whether you qualify for a lawsuit, it is important to speak with an attorney as soon as possible. At Estey & Bomberger, LLP, our specialized defective medical device lawyers will carefully evaluate your case, help you understand your legal options, and take your first steps toward justice.
Damages in Bard PowerPort Lawsuits
If you’ve suffered complications from a Bard PowerPort device, you have the right to recover financial compensation for the harm that you have suffered as a result. You can secure a settlement to help pay for:
- Past and Future Medical Expenses: You can seek compensation for all healthcare-related costs, from emergency treatments and surgeries to long-term care and future medical needs.
- Lost Wages and Future Earnings: Compensation for lost wages includes not only what you have already lost but also what you will potentially lose in the future due to diminished earning capacity.
- Disability Accommodations: If your injuries require modifications to your living environment, such as ramps for wheelchair access or specialized medical equipment at home, these costs can also be claimed.
- Pain and Suffering: This category compensates you for the physical pain and emotional trauma caused by your injuries. It recognizes the subjective impact of your injuries on your quality of life, including any anxiety, depression, and loss of enjoyment of activities you once valued.
Who Is Liable for Harm Caused by Bard PowerPort Catheters?
In lawsuits involving Bard PowerPort catheters, the primary defendants are typically Bard and its parent company, Becton Dickinson. As manufacturers, these entities are expected to ensure their products are safe for use. Any failure in this duty, whether due to design flaws, manufacturing defects, or inadequate warnings, can make them liable.
Demonstrating that Bard or Becton Dickinson knew or should have known about potential risks associated with their devices but failed to act can establish negligence. Therefore, these entities are liable for the harm caused by their products.
How to File a Bard PowerPort Catheter Lawsuit
Taking legal action requires careful preparation and a deep understanding of the legal process. Here are the steps that you should take to pursue legal action against Bard or Becton Dickinson:
- Schedule a Consultation with an Attorney: First, consult with a lawyer from Estey & Bomberger, LLP. Your attorney will carefully assess your situation, determine if you are eligible for a lawsuit, and help you take your first steps toward seeking justice.
- Gather Evidence and Assess Your Damages: Compile all relevant medical records, employment records for lost wages, and any receipts related to your injury (such as medications, travel to medical appointments, etc.). An attorney can leverage this evidence to craft a compelling case in your favor.
- Continue to Seek Medical Treatment: Ongoing medical documentation is crucial. Continue to follow up with your healthcare providers and keep records of all visits and treatments, as these documents will support your claims of injury and ongoing complications.
- Join an MDL or File a Lawsuit: Depending on the specific circumstances of your case, it might be beneficial to join the existing MDL. This can provide advantages like streamlined proceedings. However, individual lawsuits may be appropriate based on unique aspects of your case.
- Engage with the Litigation Process: As your case proceeds through the court system, your attorney will guide you through every step. The litigation process can be lengthy, from attending hearings and providing testimony to responding to discovery requests and going to court.
How Much Is Your Bard PowerPort Lawsuit Worth?
In a Bard PowerPort lawsuit, you have the right to recover compensation for two types of damages: economic and non-economic. Economic losses refer to the financial damages that you suffered, such as medical care, lost wages, and the loss of any future earnings or benefits due to your injury. On the other hand, non-economic damages involve the physical and emotional pain and suffering that you endured.
Estimating the value of a Bard PowerPort lawsuit isn’t a straightforward task. Various factors come into play, from the extent of your injuries to your ability to work after the accident. In these situations, an attorney from Estey & Bomberger, LLP will meticulously evaluate your case to determine a comprehensive estimate of your lawsuit’s potential value.
Schedule a Free Consultation with Estey & Bomberger, LLP Today
If you or someone you love has been adversely affected by a Bard PowerPort, the path to justice can seem overwhelming. With Estey & Bomberger, LLP, you’re not alone in this journey. Our lawyers are dedicated to advocating for the rights of victims. Our skilled Bard PowerPort lawsuit attorneys can work with you to navigate the legal process and recover the compensation that you deserve.
Call us now at (800) 260-7197 or fill out our online form to discuss your case with a Bard PowerPort lawsuit attorney.
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