To many, the Bard PowerPort seemed like a medical device that would make medical care better. The medical device showed promise to make it easier and less invasive to introduce liquids to the body intravenously. At first, it seemed like there were few drawbacks.

Bard Access Systems (also known as Bard, BD Medical or BD), and its parent company Beckton, Dickinson & Co. created the PowerPort device.

Initially, a welcome entry into the medical market

The FDA first approved the Bard PowerPort in 2000. Hundreds of thousands of devices were made and sold throughout the United States. Bard enjoyed a market share of approximately 70% for the PowerPort and similar medical devices.

Problems arise

As their use became widespread, problems began to arise with certain Bard PowerPort devices. Even though the port devices were designed to ease treatment and make patients more comfortable, they quickly became a source of problems and complications for some patients.

Patients began to experience a variety of problems with the defective Bard PowerPort device. For some, the port would break. Pieces of the port may have migrated in the body after fracturing. For others, the problem was bacterial colonization or the risk of blood clots. 

Patients often required swift treatment for these serious medical complications. These unexpected injuries happen at a time when patients are already receiving treatment that necessitated the implementation of the catheter port.

Lawsuits Begin

Victims began filing Bard PowerPort legal claims. In their claims, they said that the devices were faulty, and too prone to causing medical complications.

On May 24, 2023, the first group of plaintiffs moved to combine their cases. They asked the United States District Courts to allow them to join forces for preliminary proceedings. Today, hundreds of victims have joined in with the Bard PowerPort MDL lawsuits. Victims are continuing to come forward.

The Basis for the PowerPort Lawsuits

Plaintiffs and their Bard PowerPort lawyers are asserting several grounds for the Bard PowerPort lawsuits. the Bard PowerPort lawsuits allege:

1. Barium sulfate is an agent that is used in manufacturing the PowerPort devices. This agent compromises the integrity of the implantable port catheter device if it is not separated from the catheter surface with a coating or encapsulated.
2. Exposed barium sulfate particles contribute to microfractures, fissures and other changes in the Bard PowerPort catheters that make them prone to fault. Some patients may experience complications including fracture, infection, catheter migration, or thromboembolism.
3. Defendants made misrepresentations when they said that the Bard PowerPort implantable port device was safe.
4. Defendants knew or should have known that their product may not be safe for people who were using it, because of the possibility of breaking and malfunctioning.
5. The Bard Power Port devices were unreasonably dangerous. There should be strict liability against the manufacturer because they made and sold a defective device. Proper warnings were not given about potential dangers of the devices.

The basis of the Bard Power Port lawsuit is that the devices were too likely to break. Further, Bard knew the ports were dangerous, and they made misrepresentations when they said their devices were safe.

What is the purpose of the PowerPort lawsuits?

The purpose of the PowerPort lawsuits is compensation for victims and their families. Those who suffered complications from using the Bard PowerPort catheter device endured physical discomfort, mental stress and medical bills. Victims say that Bard should pay them compensation because they made and sold a product that posed unreasonable dangers and caused harm.

In addition, drug manufacturers may be held accountable for their actions, and they may be pressured to reform their products and practices, improving public safety.

Who may join the Bard PowerPort lawsuits?

Someone who is harmed by using a Bard PowerPort may join in the multidistrict lawsuits for compensation. To file a Bard PowerPort lawsuit, a person must have:

• Received a Bard PowerPort device.
• Suffered a complication or multiple health problems.
• Incurred damages, like medical bills, physical suffering and emotional anguish.

To bring a lawsuit, a person must be a victim of having used the device and suffered a medical problem. They may bring their claim with medical documentation. In addition, testimony from healthcare, design and scientific professionals can explain how the device was faulty and how it resulted in harm to the patient.

Summary of the Bard PowerPort Lawsuits

• Civil lawsuits have been filed throughout the United States regarding allegedly defective Bard PowerPort medical devices.
• The cases are product liability cases, based on the company manufacturing devices that were too likely to break or cause harm to victims.
• Cases are consolidated in multidistrict litigation, which is ongoing currently. The defendants didn’t want the cases consolidated, claiming that the cases were too dissimilar for consolidation to be appropriate.
• The parties are engaging in preliminary proceedings. Plaintiffs have been asked to complete fact sheets that provide detailed information about their case. 
• The defendant completed corporate disclosure statements.
• The court has issued a series of case management orders, many of them relating to discovery, including document production and scope of discovery.
• Preliminary stages of Bard PowerPort litigation are ongoing, with new plaintiffs continuing to join.

Legal Procedure and Multidistrict Litigation

Dozens of PowerPort lawsuits have already been filed, and more are expected. In some ways, the claims are similar. Each plaintiff received a PowerPort device. Each plaintiff was harmed in some way from receiving the device.

However, in other ways, each case is different. The circumstances of when and how the device was implanted are different for each person. Each person has a unique story of the complications they faced and how they suffered. Economic losses vary from person to person. One person may have had severe medical complications, while another may have had problems that were serious, but not life-threatening.

Because each victim is unique in terms of how they have been harmed, the cases are not a class action at this time. However, they are combined for preliminary proceedings in a legal process called multidistrict litigation.

Multidistrict litigation in the Bard PowerPort lawsuit

Multidistrict litigation combines similar cases for preliminary things like:

• Asking the manufacturer for records about their activities
• Conducting depositions
• Filing and responding to legal motions
• Case status conferences
• Orders to preserve and produce evidence
• Service of documents

By handling these tasks together, the plaintiffs can work efficiently. In addition, it prevents the parties from having to repeat tasks for similar cases. The cases have been consolidated under MDL No. 3081, 2:23-md-3081-DGC. Each case retains their own unique case number.

In the United States courts, cases are not always sent to multidistrict proceedings just because they have a common defendant. There must be common questions of fact, and it must be convenient for the parties to combine the cases. Combining cases can prevent inconsistent rulings, including regarding the admission of expert testimony. The court decided that consolidation for the Bard PowerPort claims was appropriate.

At the end of multidistrict proceedings, the court may schedule bellwether trials. These are a few cases selected to go to trial first. The parties can see how juries decide the cases. They can use this information to determine how they wish to resolve the cases, including by settlement or trial. The cases don’t all have to resolve in the same manner – even if some cases settle, other plaintiffs may choose to have a trial in their case.

Product liability and the Bard PowerPort lawsuits

The Bard PowerPort lawsuits are civil claims. The plaintiffs are seeking financial compensation. In a civil case, the victim starts their own case with a complaint. The complaint states what the defendant did. It asks for relief. For the Bard PowerPort victims, relief takes the form of monetary compensation.

In the United States, parties who produce goods, like corporations, have a legal duty to make their products reasonably safe. If a product is inherently defective, the corporation may be liable for harm to victims. A product may be defective because the manufacturer doesn’t give adequate warnings for how to use the product safely. The manufacturer may not have given sufficient instructions about who should be using the product and for what reason.

This legal duty extends to the companies who manufacture medical devices. Both patients and doctors need sufficient information to make the right choices for patient care.

When a medical device works as intended, it can be a positive part of a person’s healthcare. However, when it is defective, or when a patient doesn’t have important information about risks, the company making the device can have legal liability. 

Companies also have a duty to be honest in how they market their products. If they misrepresent things – like implying that a drug is safe or minimizing significant risks and hazards, their misleading marketing can be grounds for liability. 

About Port Catheters, Port-a-Caths

A port catheter is a medical device that sits under the skin. It is about the size of a quarter. A port is a medical device that allows for access to the vascular system repeatedly, in the same place, without the need for separate needle sticks.

A Bard PowerPort is a brand of port. 

You may hear a PowerPort referred to as a:

• Chemo port
• Port-a-cath
• Portacath
• PowerPort
• Port catheter
• Implantable venous access device
• Implantable catheter device

A PowerPort is surgically implanted under the skin. It’s usually placed in the chest, arm or abdomen, depending on the patient’s need.

What is a PowerPort made of?

A PowerPort is made of titanium, plastic, silicone and ChronoFlex AL. ChronoFlex AL is a polyurethane and barium sulfate blend. The device uses catheters to deliver and draw fluids.

Why would someone need a port-a-cath?

Someone who needs chemotherapy, regular blood draws or fluids frequently delivered by IV may need a port-a-cath. Rather than needing a new needle stick for each treatment, the veins can be accessed through the port. For people who need recurring medical care, a port-a-cath can make their treatment more comfortable and less intrusive.

How long can a port catheter stay in place?

Generally, a port catheter can stay in the body for a long time. The National MPS Society says that a port can stay in the body for up to six years, If necessary. 

Unexpected complications of port catheters

Problems, complications and injuries that may arise from use of port catheters include:

• Infection – Infection may cause fever, inflammation and discomfort. A victim may be in danger and needing prompt medical attention. Infection may occur at the site of the implant or in the blood stream.
• Catheter fracture, with or without migration – Catheter fracture can cause pieces of the device to break away. If particles migrate through the body, there may be neurological complications. MRI testing may be needed to identify the migration and provide appropriate corrective procedures.
• Blood clots, thrombosis – Patients may have an elevated risk of thrombosis that makes clotting more likely to occur in connection with a port catheter device. A blood clot may result from irritation of the vein.
• Cardiovascular damage – A person may experience mechanical damage to veins and blood vessels. There may be friction with the device that causes harm. Victims may experience pain, bleeding or cardiac trauma.
• Allergic reaction – A patient may have an allergic reaction to a port catheter.

Damages Being Sought in the Bard PowerPort Lawsuits

Plaintiffs in the Bard PowerPort lawsuits are seeking damages, or monetary compensation.

Compensation may reflect:

• Emergency medical care because of complications
• Ongoing medical care including hospital and outpatient
• The cost of prolonged treatment if the original medical condition was prolonged because of complications from the port device
• Missed income, career damage, cost of needed personal or family care
• Other financial losses
• Physical pain
• Emotional anguish, worry, distress
• Disfigurement
• Humiliation
• Mobility limitations

Victims must prove their case and the appropriate amount of damages. Under U.S. law, a victim may claim economic and non-economic losses.

Litigation Process Overview

The Bard PowerPort lawsuits are still in the early stages. The parties are engaging in the discovery phase and handling pre-trial matters. By undergoing discovery, the parties narrow the issues in dispute and prepare their claims to pursue a trial or non-trial resolution.

New claims are continuing to be filed, and the Bard PowerPort lawsuits are continuing to move forward in the judicial system. Future court dates will be scheduled.