Bard PowerPort Catheter Lawsuit Update
The Bard PowerPort catheter is a medical device that delivers medicine intravenously through a catheter port. When functioning correctly, this device can expedite the delivery of vital medicine into a patient’s body. However, due to some design flaws, the catheter tends to fracture or migrate in the body, leading to serious, sometimes life-threatening consequences.
Due to its problematic design and implementation, the Bard PowerPort has been the subject of numerous pieces of litigation. Its side effects often require additional surgery, which can add up to costly medical expenses for patients. As a result, although litigation against the PowerPort is fairly recent, it has moved quickly through the legal system.
Lawsuits Against the PowerPort
In 2020, the USDA issued a recall for several PowerPort devices due to an increase in device failure rates. These devices were recalled because of the dangers posed by the product defects.
Beginning in April of 2023, the lawsuits against Bard began to pick up in volume. Patients were documenting multiple injuries, increased blood clots, and other major health concerns.
Starting in May 2023, the number of cases increased to such a degree that courts had begun to suggest consolidating everything into a centralized suit.
A court date was set for the end of July to see about consolidating all the cases into a Multi-District Litigation (MDL). The judge in that ruling decided to consolidate the cases into one MDL after hearing from both the plaintiff and defendant.
By the time the lawsuits against the Bard PowerPort were consolidated, more than 50 cases had been brought before different courts. In early August of 2023, the cases were officially transferred to an MDL, centralized in the District of Arizona, where they will be tried before U.S. District Court Judge David G. Campbell.
Common Elements of Cases Included in the MDL
Even though patients may react differently towards the defects in the PowerPort catheter, there are a few things in common with all the cases.
- Bard failed to provide adequate warnings
- Bard negligently designed the PowerPort
- There is strict liability based on manufacturing defects
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Did Bard Know About the Defects in Their Product?
Bard began to receive notice of the negative effects of their catheter device almost immediately after it was released onto the market. Due to these reports, Bard should have been well-notified of the defects present in their catheter tubes. The material used to make them, Chronoflex, had been documented to degrade over time or fracture post-implantation.
Despite the warnings, Bard continued manufacturing their product without a voluntary recall until March 2020, when the FDA issued a Class II recall. This type of recall is reserved for devices that are violative and can cause medically reversible health effects. This means that the USDA, and by extension, the general public, were made aware of the product defect. There is no active recall in effect for the PowerPort.
How Bard Responded to Reports of Product Defects
Even after Bard received numerous Adverse Effect Reports (AERs), they continued the manufacture of their product, and did not warn consumers about the inherent risk in it. According to studies done at the time, Bard had a higher failure rate than other competitors on the market.
Despite knowing this information, Bard did not adequately warn patients of the defects and knowingly put their intended users at risk of a dangerous product. Plaintiffs in the cases against Bard also claim that once informed of these risks or even of medical problems with the product, the manufacturer did nothing to rectify the situation.
Do You Qualify for a Bard PowerPort Lawsuit? Contact Van Law Firm Today!
If you have suffered from a defective Bard PowerPort catheter device, the attorneys at Van Law Firm can help you determine if you qualify to be a part of the current MDL. Contact us today, and we’ll guide you through the process of filing your lawsuit and making sure you earn the compensation you deserve.
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