Bard PowerPort lawsuits claim that a manufacturing defect caused the devices to break apart or shift, causing serious injuries, including embolisms and heart punctures. A federal panel consolidated Bard PowerPort lawsuits into multidistrict litigation in 2023, and the number of lawsuits grew quickly.
On Aug. 8, 2023, the U.S. Judicial Panel on Multidistrict Litigation brought together ten related lawsuits about Bard PowerPort devices with high barium sulfate concentrations allegedly causing injuries. As of November 2024, there were 720 active lawsuits pending in MDL 3081 in the U.S. District Court for the District of Arizona.
“Victims endure severe and persistent pain from serious injuries, complications, and severe infections caused by using Bard PowerPort devices,” Brendan Smith, a PowerPort attorney with the Simmons Hanly Conroy Law Firm, told Consumer Notice. “Plaintiffs allege the Bard PowerPort device has a flawed catheter component that leads to device fracture, migration, and malfunction.”
Complications include infection, major blood clots, deep vein thrombosis (DVT), myocardial infarction (heart attack), pulmonary embolism, and nerve damage, according to Smith.
The U.S. Food and Drug Administration posted a notice on March 26, 2020, stating that the manufacturer recalled 178 Bard PowerPort catheters. The recall stated that Bard identified a risk of the device, including a part attachment meant for a different type of catheter.
Shortly after the recall, plaintiffs filed the first lawsuits.
Judge David G. Campbell, chosen to handle the litigation, has experience with similar cases — notably the IVC Filter MDL, which claimed blood clot filters led to perforations and serious injuries.
People are filing lawsuits against the makers of the Bard PowerPort due to claims of faulty design. These alleged design flaws increase the risk of injury from Bard PowerPort devices, including organ damage, infection and blood clots. The design defects can cause high injection flow rates and a tendency for the catheter to break apart.
Bard PowerPort lawsuits claim the company knew about the problem but failed to warn people adequately.
The plaintiffs’ claims include that Bard’s negligent actions and omissions directly resulted in their injuries. They said the injuries required major surgery and prolonged medical treatment and caused lasting physical and emotional harm.
In PowerPort lawsuits, plaintiffs claim that their injuries resulted from the high concentration of barium sulfate in the catheter component of PowerPort devices. They claim this defect causes the catheter to weaken, break, move out of place and cause blood clots, among other injuries.
If you received a Bard PowerPort device and experienced a related injury, you could be eligible to file a Bard PowerPort lawsuit. However, only a licensed attorney can definitively determine your eligibility.
“Victims should prioritize seeking the necessary care and treatment from their medical professionals, which includes removing the catheter product,” Smith said. “Additionally, they should contact a law firm they trust to review their case and protect their rights.”
Record your symptoms and medical issues if you’ve received a Bard PowerPort device. If you’re unsure about your diagnosis, seek legal help to obtain medical records. Contact an attorney promptly if you want to file a lawsuit, as the statute of limitations for Bard PowerPort-related injuries is typically two years. If this time runs out, you won’t be able to file a claim.
One of the first Bard PowerPort lawsuits was on behalf of Dalila Harris. It was part of the Aug. 8, 2023, Transfer Order to the MDL. She had a Bard PowerPort implanted in Independence, Missouri, while being treated for Hodgkin lymphoma.
Because Bard PowerPort lawsuits are at an early stage, it’s too soon to predict the outcome of a PowerPort settlement. No verdicts or settlements have been made in the Bard PowerPort MDL yet.
Bard has a history of lawsuits, including settlements for defective pelvic mesh products in 2014 and further lawsuits related to marketing these products in 2020.
Currently, Bard faces 24,099 federal lawsuits for its polypropylene hernia mesh products, with claims of various injuries.
Bard also faced over 1,300 federal IVC filter lawsuits and an NBC news investigation revealed 27 deaths caused by inferior vena cava filters. In April 2018, the U.S. Ninth Circuit Court awarded Sherr-Una Booker over $3.5 million in damages in one of those lawsuits. Bard settled 8,000 of those lawsuits for an undisclosed amount in 2019.
Editor Lindsay Donaldson contributed to this article.
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