Patients need prompt delivery of their medication for various ailments. Bard PowerPort devices are supposed to do that by administering intravenous fluids to them. Medical professionals implant these devices underneath patients’ skin to make it easier to receive medications and other life-sustaining fluids. Unfortunately, some report suffering health complications after using the port-a-catheter device, including severe infections, blood clots, and other problems, and are now suing the device’s manufacturers.
If you or a loved one has experienced an injury or illness after using a Bard port catheter device, you could recover damages from the medical device’s manufacturer. A mass torts lawyer with Van Law Firm can assess your injuries and build a compensation case to cover your medical expenses, pain and suffering, and other losses. Call us today for a free consultation.
What Is a Bard PowerPort Catheter?
The Bard PowerPort is a small device, roughly the size of a nickel, that carries medicine into the bloodstream. At the top of the device are one or two basins sealed with a silicone top. This port is inserted under the skin on a person’s chest or arm.
The catheter’s ports then open or close depending on the pressure from inside the bloodstream. When medicine is inserted into the tube, its pressure opens the port, allowing medicine to flow quickly into the blood.
The FDA approved the Bard PowerPort injectable ports in the early 2000s, primarily for treatments requiring repeated IV (intravenous) access. These treatments include:
- Chemotherapy
- Antibiotic therapy
- Parenteral nutrition
- Pain management
- Dehydration
However, some have reported that recent designs for the devices have multiple defects. The most reported defect has been small fragments of the catheter breaking off. Once the device breaks, many patients experience blood clotting and infection, requiring emergency surgery. Fatalities have been reported in extreme cases.
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What Is the Bard PowerPort Lawsuit About?
In April 2023, multiple lawsuits claimed that several Bard PowerPort catheters had fractured or migrated after they were implanted in patients because of degraded tubing material. Since then, it has been estimated that at least 10 Bard PowerPort injury or wrongful death lawsuits have been filed.
Plaintiffs have filed multiple port-a-cath lawsuits against Bard alleging similar complaints, but no one has filed a class action yet. However, many product liability claims have been filed in court. A product liability lawsuit occurs when a party (the defendant) is held liable for injuries and damages for poorly designing, manufacturing, or supplying a defective product to another person (the plaintiff). They can also be found liable if they fail to issue adequate warnings about a product’s dangers.
Given these claims’ similar nature, it is anticipated the courts will coordinate discovery and all pretrial proceedings similar to a class action lawsuit. However, since each injury is unique, the plaintiffs will likely have to file separately.
Settlement Information
Currently, there has been no agreement to any global settlement for the Bard PowerPort lawsuit. However, our legal team at Van Law Firm believes this will change. With the uptick in claims surrounding the product, the company will likely allocate a settlement fund.
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Bard PowerPort Damages
Several factors can help determine if an individual qualifies for compensation due to the PowerPort device. Each suit will vary in amount for the settlement, but generally, the more debilitating the injury, the more you might be entitled to. Recoverable damages could include:
- Pain and suffering for the injuries suffered (physical and mental)
- Medical expenses (e.g., emergency care, tests, corrective surgeries, medications, doctor’s appointments, etc.)
- Lost income if port-a-cath complications affect your ability to work
- Reduced earning capacity if complications force you to change jobs or stop working permanently
- Impaired quality of life
- Lost enjoyment of life if you cannot participate in hobbies or activities you once enjoyed
Wrongful Death Damages
If your loved one suffered fatal injuries after using a Bard PowerPort implant device, your family could be eligible to recover wrongful death damages. An attorney with our firm could request compensation for losses such as:
- Funeral and burial expenses
- The decedent’s lost income or benefits
- Surviving family members’ pain and suffering
- Emotional distress
- Other related losses
We will review your situation and advise you on the losses you could recover. Here are a few factors that can determine the settlement amount you could receive:
- The nature of the injury caused by the device
- The number of medical expenses that directly go toward the patient’s recovery
- How long the patient used the device
- The monetary amount of lost wages or losses of earning potential
- Any past and future pain and suffering, physically and mentally
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Van Law Firm’s Mass Tort Attorneys Can File Your Port-a-Cath Lawsuit
If a Bard PowerPort device has injured you or a loved one, you may not be able to focus on filing legal action because you need time to treat and recover from injuries. Our personal injury law firm can lead your case for damages against the device’s manufacturers while you rest. Hiring legal representation ensures you protect your rights and interests while taking care of your health.
As we work on your case, we will:
- Investigate the incident to determine how it occurred and who’s responsible
- List all liable parties that may owe you compensation and prove negligence
- Gather and review case-supporting evidence (e.g., medical records, medical bills) that a Bard PowerPort device caused harm
- Assess and calculate the monetary values of the damages you can recover
- Lead settlement negotiation talks
- File your lawsuit with your state’s statute of limitations and seek recovery at trial
We will advise you of the legal strategy we can develop to address your case’s specifics and explain all case developments and applicable laws. We also will handle your case from beginning to end and help manage expectations about your case’s timeline and how long your mass tort claim could last.
You can reach out to us anytime with questions and concerns. We will ensure you receive fair treatment and respect as we advocate for your deserved financial compensation.
We Will Represent Your Bard PowerPort Case With Upfront Costs
We can learn more about your injury during a free, confidential consultation. If we accept your case, we will work on it without requiring you to pay us up front. We will not receive pay for representing you until we resolve your case. If you recover compensation, we will take an agreed-upon percentage of your settlement award or court-ordered award for our legal services.
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How to Qualify for PowerPort Catheter Compensation
If you believe a PowerPort device injured you, contact Van Law Firm immediately. To qualify for a port-a-cath lawsuit, you must have been:
- Implanted with a PowerPort injection device from an industry-recognized company (Bard has 70% of the market on this device, so it is the most common; brands such as AngioDynamics and Smiths Medical are also accepted.)
- Formally diagnosed with a tangible injury or illness after using the device
These injuries and illnesses after using a port-a-cath device include:
- Port fractures, dislodgement, and medical complications from blood clots
- Post-implant arrhythmias that occur up to 90 days after the implant, causing irregular heartbeats
- Port infections that occur up to 90 days after the implantation process
Some patients have also experienced the following life-threatening complications after an implantable port device:
- Deep vein thrombosis (DVT)
- Hemorrhaging or bleeding
- Sepsis
- Septic shock
- Perforated tissue, blood vessels, or organs
If you believe you fit these criteria after suffering health issues from an adverse event, call Van Law Firm’s personal injury lawyers for a free consultation.
Port-a-Cath Lawsuit Updates
September 2023
Attorneys and Judge David G. Campbell meet to discuss the organizational structure for Bard PowerPort lawsuits and litigation. Campbell names plaintiff attorneys to leadership positions.
August 2023
The U.S. Judicial Panel on Multidistrict Litigation (JPML) formally orders all Bard PowerPort lawsuits for multidistrict litigation (MDL) to the U.S. District for the District of Arizona. Judge David G. Campbell receives assignments for coordinated discovery and pretrial proceedings.
July 2023
A federal judge panel reviews oral arguments while weighing whether to establish multidistrict litigation (MDL) for Bard PowerPort lawsuits and where it should take place. Plaintiffs propose the U.S. District Court for the Western District of Missouri for the venue and nominate Judge Brian C. Wimes or Judge Stephen R. Bough to hear the cases.
June 2023
Bard PowerPort manufacturers object to consolidating the port-a-cath lawsuits, asserting that multidistrict litigation (MDL) would be of no benefit because different medical treatments used various implantable ports. The device’s makers also disagreed with formal MDL consolidation, saying they have resolved past cases within an 18-month period without it.
May 2023
In response to the increase in Bard implanted port lawsuits, the U.S. Judicial Panel on Multidistrict Litigation (JPML) received a motion to consolidate them before one judge, who will oversee discovery and pretrial proceedings.
Call Us Today: We Can Represent Your Bard PowerPort Catheter Lawsuit
Navigating the legal process can be complicated, particularly when dealing with a defective product. At Van Law, we understand the challenges that you’re facing, and we strive to ensure that your lawsuit proceeds smoothly. Our attorneys handle personal injury claims and have extensive experience handling cases of this nature.
Since our firm’s establishment in 2016, we have settled over $300 million in personal injury claims. We aim to ensure you receive the full compensation that you’re entitled to for the pain and suffering you endured after using a Bard-implanted port device. Call us today for a free consultation, or chat with us 24/7 via our website. Don’t wait! Our legal team is standing by.
No obligation consultations are always free.
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