Bard Port Catheter Lawsuits

The Bard PowerPort is an implanted port catheter device positioned just beneath the skin to facilitate easy attachment to a catheter for the intravenous administration of fluids or medications. Unfortunately, the Bard PowerPort possesses inherent design and manufacturing flaws, increasing its susceptibility to fracturing and shifting from its intended position. This defect has the potential to result in severe injuries, including internal vascular damage. 

Individuals who have suffered injuries due to a faulty Bard PowerPort device are pursuing product liability lawsuits against the manufacturer responsible for producing these implants. Our law firm is actively receiving cases from individuals who have had a Bard PowerPort catheter device implanted and subsequently experienced injuries resulting from fracture, migration, or other malfunctions of the implant. 

PowerPort Lawsuit News & Updates

January 16, 2025 – Parties to Submit Bellwether Proposals by April 

The judge in the Bard PowerPort MDL has issued a new Case Management Order (CMO No.29). The CMO requires both parties to submit a joint discovery plan for the first group of bellwether pool cases. The plan must be submitted by April 4, 2025. Meanwhile, the parties will be able to take depositions of plaintiffs, family members, and certain medical professionals.

January 3, 2025 – MDL Adds 78 New Cases

The PowerPort MDL started off pretty slow in terms of new cases, but recently it has been very active. Around 400 new cases have been added to the MDL since October, causing the MDL to nearly double in size during the time frame. In December, 78 new cases were added to the PowerPort MDL, bringing the current total up to 891.

December 2, 2024 – Status Conference Memo

Attorneys for both plaintiffs and defendants have submitted a joint memorandum in advance of tomorrow’s Case Management Conference. The memorandum outlines key areas of disagreement regarding discovery deadlines, fact sheets, and deposition schedules.

Plaintiffs are advocating for an extension of the discovery deadline, citing delays attributed to the defense’s handling of critical depositions. The defense, however, contends that plaintiffs have not provided adequate justification for an extension, emphasizing the progress made on fact witness depositions and adherence to prior discovery agreements.

Significant contention remains over Rule 30(b)(6) depositions, with plaintiffs accusing the defense of scheduling delays and defendants disputing the scope of the deposition notices as overly broad. Both sides appear firmly entrenched, setting the stage for a contentious conference.

October 7, 2024 – AngioDynamics Port Catheter MDL Created

A new MDL has been created for consolidated handling of all product liability cases involving port catheter devices manufactured by AngioDynamics. The MDL has been assigned to a judge in the Southern District of California. The AngioDynamics catheter cases are basically mirror images of the Bard PowerPort cases, but with a different manufacturer.

Both port catheter devices are very similar and the lawsuits alleged that they both suffered from the same critical design flaws related to the nature of the plastic material that they are made from. The injuries in the AngioDynamics cases are also the same: fracture, migration, severe infection, and vascular damage.

About the PowerPort 

The Bard PowerPort is a port/catheter system manufactured and designed by Bard Access Systems, Inc., (now a subsidiary of Becton, Dickinson and Company (BD). This PowerPort is fully implantable vascular access catheter designed to facilitate recurrent access to the vascular system for the administration of medications, intravenous fluids, nutrition solutions, and blood products. It is most often used by cancer patients for chemo treatment. 

Specifically engineered to simplify the direct delivery of medications into the patient’s bloodstream, the Bard PowerPort is surgically implanted entirely beneath the skin, remaining in place post-surgery. The PowerPort is composed of two key elements—an injection port and a polyurethane catheter. The system operates by utilizing the injection port’s raised center, or “septum,” for medication delivery via a needle. Subsequently, the medication travels from the port through a small, flexible tube (catheter) inserted into a blood vessel.  

The catheter component of the Bard PowerPort is made with Chronoflex AL, a polyurethane material. Unfortunately, a flaw in the chemical design and manufacturing process of Chronoflex catheters has resulted in the PowerPort exhibiting lower strength and durability than originally intended. These inherent shortcomings render the PowerPort vulnerable to fractures, migrations, and other malfunctions post-implantation. 

Complications Associated with Bard PowerPort Design Flaws

The Bard PowerPort, a device designed to provide long-term vascular access for medical treatments like chemotherapy, has been linked to serious and widespread complications due to critical design flaws. These flaws result in three primary post-implantation failures: fracture, migration, and infection. Each poses unique risks to patients, but collectively, they highlight significant deficiencies in the PowerPort’s materials and engineering.

Based on our experience handling these claims, fracture cases may offer the strongest basis for settlement, as the direct link between the defect and the resulting injuries is often easier to demonstrate compared to other complications. However, we are also seeing a substantial number of infection-related claims, which currently outnumber all other types of port-a-cath lawsuits.

1. Fracture: The Most Straightforward Defect

One of the most significant complications with the Bard PowerPort is the risk of fracture. The materials used in the device, particularly in the tubing, are prone to brittleness, making them vulnerable to cracking or breaking after implantation. Over time, exposure to the stresses of vascular flow and bodily movement exacerbates these weaknesses, leading to fractures.

A fracture can cause a whole host of problems. When a PowerPort fractures, the broken pieces can dislodge and migrate through the bloodstream. This poses serious dangers to patients.  From talking to victims and looking at filed lawsuits, these are the three biggest complications from a fracture port-a-cath: including:

• Thrombosis: Fractured fragments act as foreign bodies, triggering blood clots that obstruct blood flow. Of course, these clots can lead to life-threatening conditions such as pulmonary embolism or stroke.
• Vascular trauma: Sharp fragments floating around in your body are a bad as it sounds. They can damage blood vessels, causing pain, swelling, and further complications.
• Surgical retrieval: Removing fractured components often requires complex surgical procedures, increasing risks for patients.

The clear mechanical failure of the device makes fracture claims particularly compelling in litigation. The direct connection between the defect and the injuries—fractures of the device causing vascular damage or requiring removal—can simplify the process of proving liability. For this reason, our lawyers really think the facture lawsuits will in s strong position for high-value settlements.

2. Migration: A Dangerous Consequence of Design Flaws

The same engineering deficiencies that make the PowerPort prone to fracture also increase the risk of migration. Migration occurs when the device or its components shift out of their original position after implantation. This often involves the catheter tubing moving into unintended areas, either as an isolated event or following a fracture.

When migration occurs, the results can be devastating:

• Vascular disruption: Migration can cause trauma to blood vessels, leading to pain, swelling, and even vascular perforation.
• Organ damage: In severe cases, components may migrate to vital organs like the heart or lungs, causing significant harm.
• Device failure: Migration frequently renders the PowerPort non-functional, requiring additional surgeries to reposition or replace the device.

While migration is a significant complication, it can be more challenging to tie directly to the initial defect in design, especially if other factors, like improper placement or external trauma, are involved. However, its occurrence often compounds the risks of other complications, such as infection.

3. Infection: The Most Common Complication

Infections are emerging as the most frequently reported complication in Bard PowerPort claims. Our team has seen more infection-related cases than any other type of port-a-cath litigation.

The PowerPort’s material deficiencies, particularly when exacerbated by fractures or degradation, create an environment conducive to bacterial growth. Bacteria can infiltrate the device, leading to localized infections at the port site or, worse, systemic infections that spread throughout the body.

Common manifestations of PowerPort infections include:

• Localized infections: Redness, swelling, and tenderness around the port site, often accompanied by discharge.
• Systemic infections: Fever, chills, and sepsis if bacteria enter the bloodstream.
• Septic thrombophlebitis: A dangerous combination of infection and blood clots within the veins.

Patients who develop infections often require aggressive medical intervention, including intravenous antibiotics, hospitalization, and, in most cases, surgical removal of the device. For immunocompromised patients, such as those undergoing chemotherapy, these infections can be life-threatening.

While infection cases are more complex to litigate than fractures—requiring more expert testimony to establish causation—they represent a significant portion of the claims our lawyers are getting.

This trio of complications—fracture, migration, and infection—demonstrate the inherent risks posed by Bard PowerPort design flaws. While all three are serious, again,  fracture cases stand out as the most straightforward for settlement due to the clear causation between the defect and the resulting injuries. The mechanical failure of the device often leaves a tangible trail of evidence that makes these claims easier to litigate successfully.

Infection cases, though more complex, represent the largest category of claims. They underscore the wide-ranging impact of the PowerPort’s material deficiencies and their devastating consequences for patients. Together, these complications paint a troubling picture of a device that failed to meet the basic standards of safety and durability.

How These Injuries Are Caused by the PowerPort 

The manufacturing and design problems with the Bard PowerPort make the device very prone to fracture after being implanted. Fracturing of the port implant can often cause it to migrate from its original implant site and cause serious internal vascular damage. The PowerPort’s design defects also make it prone to a number of other malfunctions.  

Fracture and migration of the PowerPort has led to a variety of very serious injuries including: hemorrhage; cardiac/pericardial tamponade (pressure caused by a collection of blood in the area around the heart); thromboembolism; infection; cardiac arrhythmia; severe and persistent pain; and perforations of tissue, vessels and organs, or the need for additional surgeries to remove the defective device. These complications can cause very serious internal injuries and even death. 

Bard Knew About the PowerPort Problems And Did Nothing 

Shortly following the market release of the PowerPort, Bard started receiving significant volumes of adverse event reports (“AERs”) from healthcare providers, detailing instances of post-implantation fracturing of the PowerPort. Bard also received a considerable number of AERs noting the discovery of internal vasculature perforation linked to the implant. 

Based on these AERs and other information, Bard clearly knew or should have known that the PowerPort exhibited a notably higher failure rate compared to similar products available on the market. Bard should have also recognized that the issues plaguing the PowerPort were tied to flaws inherent in the Chronoflex material utilized in manufacturing the device. Despite being aware of this critical information, Bard neglected to warn consumers about these risks or adopt a different, more dependable material for the device. 

The accumulation of adverse event reports regarding fracturing and internal vasculature perforation associated with the Bard PowerPort should have served as clear indicators prompting Bard to take proactive measures, including adequate consumer warnings and transitioning to a more reliable material. However, Bard’s failure to act upon this knowledge exposed consumers to avoidable risks and perpetuated the persistence of known issues with the device.  

PowerPort Lawsuits 

In recent years, the design flaw in the PowerPort have led to a growing tide of Bard PowerPort lawsuits. These lawsuits have been brought by individuals who underwent Bard PowerPort implantation and subsequently sustained severe injuries following post-implantation fractures or malfunctions. 

The lawsuits target Bard Access Systems Inc., the manufacturer, and its parent company, Beckton Dickinson, in product liability claims. Allegations put forth in these lawsuits assert classic failure to warn claims based on the fact that Bard had prior knowledge of the device’s issues. Furthermore, instead of modifying the PowerPort’s design to enhance safety or adequately cautioning users about associated dangers, Bard continued actively and aggressively promoting the device as safe, despite being cognizant of numerous reports detailing catheter fractures, infections, and other serious injuries. 

Moreover, the legal claims argue that Bard’s warnings suggested that device fracture would only occur if physicians incorrectly placed the device, allowing for “compression or pinch-off.” In reality, however, internal knowledge within Bard indicated that these devices were fracturing and causing severe injuries due to design flaws, manufacturing defects, and insufficient warnings. In essence, Bard’s attempt to shift blame onto doctors for device flaws is contradicted by internal understanding that the defects were inherent in the device itself. 

How Much Are Bard Port Catheter Cases Worth?

It is way too early in this litigation to answer this question with any level of real accuracy. There are so many unknowns and variables that could impact the value of this cases. That being said, if we make assumptions about certain key issues we can provide a reasonable estimate for the settlement value of these cases based on results in other similar cases.

The settlement value of individual port catheter cases will vary depending on the type of injury suffered by the plaintiff. Cases involving vascular damaged caused by a fractured or migrated port cath will have the highest settlement value at $180,000 to $390,000.

The next most valuable cases will be those involving thrombosis (blood clots) or stroke. Although these are obviously serious injuries, they are harder to connect directly to a defective port cath. They will probably have a settlement value of $110,000 to $200,000.

The cases with the lowest settlement value will be those involving infection as the only injury. Not only is the usually the least serious injury, but it can be the most difficult to link to defects in the port cath. These cases will probably be worth $25,000 to $75,000.

Are You Eligible to File a Bard PowerPort Lawsuit? 

You may be eligible to file a Bard PowerPort lawsuit and seek financial compensation if you meet the following criteria: 

1. You had a PowerPort catheter device implanted 

1. After implantation your Bard PowerPort fractured, migrated, or otherwise malfunctioned 

1. You suffered serious physical injuries as a direct result of the problems experienced with your PowerPort implant 

Some of the more common injuries related to failure or malfunction of the Bard PowerPort implant are: 

• Infection related to the PowerPort 
• Hemorrhaging  
• Cardiac problems 
• Deep Vein Thrombosis (DVT) 
• Perforation of veins or other tissue by the PowerPort 

Contact Us About a Bard PowerPort Lawsuit 

Our firm is currently accepting new cases from individuals who were injured by a defective Bard PowerPort implant. Contact us today at 888-322-3010 on contact us online for a free consultation.