Bard PowerPort Lawsuit Lawyer

In November, a California man's estate executor filed a lawsuit alleging that the man's Bard PowerPort caused him to experience complications such as thrombosis, infection and catheter fracture.

While the man died, the lawsuit isn't a wrongful death lawsuit. Rather, the lawsuit is seeking compensation from the pain and suffering endured by the man, as well as the medical bills he accrued, prior to his death.

In other news, 93 cases were added to the PowerPort MDL in November, bringing the total number of pending cases to 813.

September saw 94 new cases added to the Bard PowerPort MDL, which now involves 527 pending cases.

The federal Bard PowerPort MDL is now more than one year old. Hundreds of claims now present similar accusations that the devices are defective by design and dangerous and that Bard failed to adequately disclose defects.

A docket entry which was issued on September 3 indicates at least 427 lawsuits have been filed in federal court against Bard. The lawsuits allege that the materials that the PowerPort devices are made from cause port catheters to degrade as well as develop pits, cracks and fissures.

Not only does this increase the risk of device breakage or fracture, but many lawsuits allege this promotes bacteria colonization, leading to:

• Sepsis
• Septic shock
• Staphylococcal infections
• Klebsiella
• Fungal infections
• Escherichia coli
• Endocarditis
• Candida
• Catheter-related bloodstream infections

The lawsuits alleges that air entrapped in catheters and barium sulfate deterioration can lead to pits, cracks and fissures where bacteria can thrive, causing bloodstream infections and blood clots. The lawsuits allege that the blood clots that the cracks and fractures in the catheters can cause can damage the walls of blood vessels, allowing bacteria additional ways to enter one's bloodstream.

A lawsuit filed in November 2023 alleges that a woman died from sepsis due to a defect in a PowerPort reservoir.

The lawsuits allege that Bard could have used safer designs including surface modifying additives, or SMA coatings. A 2009 study found that catheters with SMA coatings demonstrated significant reductions in bacterial proliferation and adhesion compared to uncoated catheters such as the catheters found in Bard PowerPort devices.

Lawsuits are seeking compensation for numerous side effects caused by infections, such as:

Antibiotic resistance: Infections can make the use of antibiotics possibly leading to antibiotic resistance which can lead to future infections being more difficult to treat.

Catheter malfunction: Infections may lead to malfunctions or blockages of catheters, necessitating emergency surgeries to replace or remove devices.

Thrombosis: Infections may lead to blood clot formation or thrombosis, obstructing blood flow and possibly causing pulmonary embolism in the event a clot travels into the lungs.

Port catheter infection symptoms include:

• Red streaks which extend from the site of the port
• Unexplained weight loss
• General malaise or fatigue
• Chills or fever
• Increased discomfort or pain around the site of the port
• Pus or drainage coming from the site of the port
• Heat or warmth around the site of the port
• Tenderness, swelling or redness around the site of the port

Call us today for a free consultation if you have suffered an infection due to a Bard PowerPort device.

In other news, a Vacaville, California woman has filed a lawsuit alleging that a Bard PowerPort's catheter was defective and caused her to develop a pericardial effusion and infection.

The PowerPort MDL saw almost 100 cases added to it in August. This was the most cases added to the MDL in a single month since the beginning of the MDL. There are now 427 cases pending in the MDL.

A recent filing in court shows how the scope and size of the Bard PowerPort litigation is expanding. At least 416 lawsuits involving the devices are now pending in federal court, and there are over 50 lawsuits in state courts.

The lawsuits allege that users experienced serious and life-threatening complications due to port catheters fracturing or small cracks developing in the devices, leading to bacteria forming and devastating infections developing.

A case has been filed in the PowerPort MDL via a Short Form Complaint. The complaint claims a man received a BardPort M.R.I Implantable Port implantation in 2018. The man alleges this defective port device led to him developing an infection as well as vein thrombosis, making his case one with a high potential value.

Since July 9th's monthly status conference, the litigation has seen answers to complaints filed in the MDL as well as an order which has pushed August's status conference back to the date of August 16th.

Attorneys involved in the Bard PowerPort MDL met with the judge presiding over the MDL today in order to talk about plans regarding conducting discovery which is case-specific with regards to around two dozen bellwether trials which the parties selected last week. The bellwether claims are part of over 322 cases which are pending in the litigation.

The lawsuits involve similar claims that Bard port catheter devices had defective designs which led to complications such as fractures and severe infections. The lawsuits claim that Bard knew or should have known that the material that the devices' catheters are made of is likely to degrade, allowing the breaking off of small pieces or the development of bacteria.

An order will be coming soon which outlines case management as well as the initial bellwether trials' scheduling. The defendants and plaintiffs will then again meet on August 16 in court for another status conference.

67 new cases were added to the Bard PowerPort MDL in June, bringing the total number of cases to 299.

We expected at the beginning that this litigation would be larger. However, the litigation being smaller than we expected is probably a good thing for plaintiffs regarding the willingness Bard will have to settle cases without attempting to delay litigation for a decade. Bard is just now reaching the finish line regarding settling its hernia mesh lawsuits and it's been very difficult to get Bard to reach settlements there.

An Oklahoma woman has seen her lawsuit join the Bard PowerPort MDL. This planitiff had a PowerPort device implanted in 2017. Her lawsuit alleges that the defective device caused her to develop thrombosis and additional health complications. The lawsuit was directly filed in the MDL via the short form complaint.

Steady growth is now being seen in the Bard PowerPort MDL. May saw 45 new cases added to the multidistrict litigation, bringing the total to 232 cases which are pending in the litigation.

A status report was filed on May 7 by both parties in the Bard PowerPort MDL. The report indicates that at least 223 claims are currently pending in the litigation, and that 38 additional claims have been filed in New Jersey. Defendants are anticipating that they will file a motion seeking to transfer 29 of the New Jersey claims to federal court. As a result, in excess of 250 claims might be eligible for selection for bellwether trials.

The bellwether process will see 24 lawsuits go through discovery and undergo preparation for early trials.

Lawsuits in the MDL allege that Bard knew or should have been aware that the material that the catheters in the devices are made of can degrade over time, letting bacteria develop or leading to small pieces breaking off, increasing the risk of complications such as blood clots and infections.

A new study found that venous port catheters made of polyurethane such as the Bard PowerPort have significantly shorter lifespans compared to catheters composed of silicone.

The study found that venous ports with polyurethane catheters were 1.7 times more likely to experience early failure than ports with silicone catheters.

The study comes as the number of Bard PowerPort lawsuits continues to grow. The lawsuits alleges that C.R. Bard knew or should have known that the polyurethane catheters in the Bard PowerPort is prone to degrading over time, which allows small pieces to come off or allows bacteria to develop, leading to pulmonary embolism or infection, as well as failure of port catheters and the necessity of revision surgery.

In other news, 50 cases were added to the Bard PowerPort MDL in April, bringing the total number of pending cases to 187.

The process for bellwether trials in the Bard PowerPort MDL is proceeding on time.

Bard has argued that not enough lawsuits have been filed in order to select representative claims for bellwether trials. Bard argued that discovery proposed would be disproportionate in the event the MDL didn't grow as predicted by plaintiffs, and that the bellwether trial process would be based upon an insufficient number of cases in the MDL if the MDL didn't grow as predicted by plaintiffs.

The judge overseeing the MDL reviewed the joint report produced by the plaintiffs and defendants, reviewed IVC filter MDL statistics (and MDL similar to this one which the judge considered a relevant example), and heard extended comments from both parties. The judge then concluded that current expectations regarding discovery shouldn't be changed, and that the process regarding bellwether trial should continue to proceed as previously scheduled.

A lawsuit has been filed by a Texas woman alleging she suffered atrial fibrillation after receiving a Bard PowerPort implant.

This injury is not as commonly reported regarding this device as are other injuries such as catheter fractures, thromboses and infections.

The judge overseeing the Bard PowerPort MDL indicated the bellwether process will not be delayed, despite a manufacturer request. The manufacturer tried to present the argument that not enough lawsuits were filed to select bellwether trials.

Bard currently faces around 115 lawsuits alleging that users ended up developing blood clots, infections and additional complications after Bard PowerPorts were implanted. It is believed that it's likely that over 2,000 lawsuits will eventually be filed in the MDL.

On February 27, a joint memorandum was filed indicating that 113 claims are pending in the Bard Powerport MDL. 45 of the claims were directly filed in the MDL court and 66 of the claims got transferred into the MDL from courts around the country.

The memo notes that:

• 44 of the claims involve infections
• 19 of the claims involve blood clots or thrombosis
• 27 lawsuits involve port catheter migration or fractures
• 9 claims involve port fractures and don't involve migration

A judges' panel determined that the Bard Powerport MDL will include claims that allege that infections were caused by defects in the device's port reservoir. The MDL had been previously restricted to only claims involving catheter defects.

Those who wish to see their lawsuits be considered to be included in a pool of bellwether trials have around two months left to file a Bard Powerport lawsuit. Bellwether trials in an MDL are the first trials, the trials which test evidence and allegations presented throughout the entire litigation, and can establish precedents for the amounts of money awarded in future trials.

A judge has authorized direct filing of new lawsuits in the Bard Powerport MDL, which is being handled in Arizona. Plaintiffs can now file lawsuits directly in the MDL instead of filing them in district courts then waiting for their lawsuits to be moved into the MDL.