Bard PowerPort Lawsuit

Every year, thousands of patients trust medical devices like the Bard PowerPort to deliver life-saving treatments directly into their bloodstream. But what happens when the device designed to save lives puts those very lives at risk? 

Increasing reports of serious complications linked to the Bard PowerPort are prompting a wave of legal action against its manufacturers. The lawsuits allege that Bard PowerPort’s design and manufacturing flaws have caused severe injuries, leaving patients grappling with unexpected medical bills, painful treatments, and life-altering consequences. 

If you or a loved one has suffered due to complications with a Bard PowerPort, you may have the right to pursue compensation and hold the manufacturer accountable.

Call (XXX) XXX-XXXX today to talk to our team and go through your legal options.

What is the Bard PowerPort Device?

The Bard PowerPort was marketed as a game-changer in modern medical care. Designed to simplify the delivery of treatments like chemotherapy, antibiotics, and IV fluids, the device is surgically implanted beneath the skin, connecting to a catheter that carries medications directly into a vein. 

Its appeal lies in its supposed durability and ease of use, particularly for patients requiring frequent or long-term intravenous therapy.

How It Works

• The device consists of two main components:
  • Injection Port: A small, disk-shaped chamber implanted under the skin, allowing needles to access it with minimal discomfort.
  • Polyurethane Catheter: A flexible tube that channels medication from the injection port into the bloodstream.
• Designed to be "power-injectable," the Bard PowerPort can handle high-pressure injections for advanced imaging scans, adding to its appeal for medical professionals.

Was There a Bard PowerPort Recall?

In March 2020, the FDA issued a Class 2 recall for certain Bard PowerPort models due to a defect involving mismatched catheter tips, which could prolong surgeries and cause minor tissue injuries. A similar issue prompted a 2019 recall in Australia.

These recalls did not address broader allegations that the Bard PowerPort’s design causes fractures, migration, blood clots, and infections. Lawsuits claim Bard failed to recall the device for these more serious defects, putting patients at risk of severe complications.

Reported Complications and Medical Concerns

Patients and healthcare providers have reported device malfunctions and severe health issues, raising questions about its safety and the adequacy of warnings provided by its manufacturer.

Device Malfunctions

One of the most concerning problems with the Bard PowerPort is the tendency of its components to fail. Reported issues include:

• Catheter Fractures: The catheter may crack or break, causing pieces to migrate through the bloodstream. These fragments can lodge in vital areas such as the heart or lungs, necessitating emergency surgical intervention.
• Blockages (Occlusions): The catheter can become obstructed, making it impossible to deliver medication or draw blood, often requiring additional surgeries to correct.
• Power Injection Failures: Despite being marketed as suitable for high-pressure injections, the device may rupture during use, causing internal injuries.

Health Risks to Patients

• Infections: Both localized infections at the port site and systemic infections (sepsis) have been linked to the device. These infections can be life-threatening if not treated promptly.
• Blood Clots: The catheter’s presence can cause thrombosis (blood clots) in the veins, potentially leading to conditions like pulmonary embolism if the clot travels to the lungs.
• Organ Damage: In extreme cases, broken catheter fragments or improper placement of the device have resulted in punctures to organs such as the heart or lungs, causing catastrophic injuries.

Legal Actions and Allegations

Across the nation, patients who experienced severe complications linked to the Bard PowerPort are seeking accountability, raising questions about corporate responsibility and product safety standards.

The Core Allegations

Plaintiffs in Bard PowerPort lawsuits are pursuing justice under several legal principles, including:

• Defective Design: At the heart of many claims is the assertion that the Bard PowerPort was poorly designed. Specifically, its polyurethane catheter—arguably the most important component—has been found to crack or break under normal conditions. This defect, plaintiffs argue, stems from Bard’s decision to use materials that are not durable enough for the device’s intended use in long-term medical treatments.
• Manufacturing Defects: Beyond design flaws, some lawsuits allege errors in the manufacturing process that compromised the device’s integrity. Such claims focus on inconsistencies in production that resulted in weakened catheters or improperly sealed components.
• Failure to Warn: Perhaps the most damning allegation is that Bard failed to adequately warn patients and healthcare providers about the risks of using the PowerPort. Plaintiffs assert that Bard was aware—or should have been aware—of the likelihood of complications such as infections, fractures, and blood clots but did not include these risks in its marketing or product labeling.

Legal Principles Supporting the Claims

• Negligence: Plaintiffs argue that Bard did not take reasonable steps to ensure the safety of the PowerPort before bringing it to market. Claims of negligence often cite Bard’s failure to conduct rigorous testing or respond appropriately to adverse event reports.
• Strict Liability: Under strict liability laws in many states, Bard can be held accountable for injuries caused by defects in its product, regardless of whether the company acted negligently.
• Breach of Warranty: Some lawsuits claim that Bard breached implied warranties of merchantability and fitness for a particular purpose. In simpler terms, the plaintiffs argue that Bard implicitly promised a safe and effective product, but the PowerPort failed to meet these standards.

The Role of Multidistrict Litigation (MDL)

To handle the growing number of cases efficiently, many Bard PowerPort lawsuits have been consolidated into a Multidistrict Litigation (MDL) in the U.S. District Court for the District of Arizona.

• What Is an MDL? MDLs centralize similar cases to streamline pretrial proceedings, such as discovery and motion hearings. Unlike class actions, each plaintiff’s case remains individual, with unique facts and potential outcomes.
• Why Arizona? The decision to locate the MDL in Arizona was likely influenced by Bard’s corporate ties to the state, as well as the concentration of initial lawsuits filed there.
• Current Status: As of this article’s publication date, the MDL is in its early stages. Plaintiffs’ attorneys are working to establish patterns of device failure and demonstrate Bard’s knowledge of these risks through internal documents and expert testimony.

Eligibility for Filing a Lawsuit

Who Can File a Bard PowerPort Lawsuit?

You may qualify if:

1. You Received a Bard PowerPort Implant
   • The first requirement is, of course, proof that the Bard PowerPort was implanted as part of your medical treatment. Medical records, surgical notes, or device identification cards can confirm this.
2. You Experienced Adverse Complications
   • Plaintiffs must show they suffered specific injuries or health issues linked to the device, such as:
     • Blood clots or deep vein thrombosis (DVT).
     • Catheter fractures or migration of broken pieces.
     • Severe infections, including sepsis.
     • Internal injuries, such as organ punctures.
3. The Device’s Defects Caused Your Injuries
   • You’ll need medical records and possibly expert opinions to prove that the Bard PowerPort’s design or manufacturing defects directly led to your injuries.

Time Limits for Filing a Lawsuit

Lawsuits are subject to statutes of limitations, which are deadlines for filing legal claims. These vary by state but typically range from one to three years from the date of injury or when you discovered (or should have discovered) the connection between your injury and the Bard PowerPort.

• Example: In Arizona, where the Bard MDL is located, plaintiffs generally have two years under Arizona Revised Statutes § 12-542 to file personal injury claims. However, exceptions may apply if the injury was not immediately apparent.

What If a Loved One Passed Away?

Families who have lost loved ones due to Bard PowerPort complications may file a wrongful death lawsuit. These claims allow surviving family members to seek compensation for:

• Funeral and burial costs.
• Medical expenses incurred before death.
• Loss of financial support and companionship.

How Compensation Works in These Cases

Plaintiffs in Bard PowerPort lawsuits can typically pursue two types of damages: economic damages and non-economic damages.

Economic Damages

Economic damages are meant to reimburse victims for direct financial losses that result from their injuries. These damages are relatively straightforward to calculate because they are based on actual costs and future projections.

1. Medical Expenses
   • Plaintiffs can recover the costs of treating complications related to the Bard PowerPort, including:
     • Emergency room visits for infections or device malfunctions.
     • Diagnostic imaging (e.g., CT scans or X-rays) to identify device-related injuries.
     • Surgeries to remove or replace a malfunctioning PowerPort.
     • Long-term medical care, such as physical therapy or home health services.
   • Example: If a patient required surgery to remove a fractured catheter fragment, they could claim the cost of the procedure, hospital stay, and post-operative care.
2. Lost Wages and Loss of Earning Capacity
   • Plaintiffs who were unable to work due to complications can seek compensation for:
     • Wages lost during recovery periods.
     • Loss of earning capacity if injuries permanently prevent them from returning to their previous job or reduce their ability to work.
   • Example: A patient employed in a physically demanding job might claim compensation for income lost due to an extended recovery or a necessary career change.
3. Future Care Needs
   • For plaintiffs requiring ongoing medical treatment, economic damages can account for projected future expenses. Expert witnesses, such as medical professionals or life-care planners, are often brought in to estimate these costs.

Non-Economic Damages

Non-economic damages address the emotional and psychological toll of injuries, as well as the impact on a plaintiff’s overall quality of life. Unlike economic damages, these are more subjective and often vary based on the severity of the injuries and their long-term effects.

1. Pain and Suffering
   • Compensation for physical pain endured due to complications, such as infections, blood clots, or organ damage. This category also includes the suffering caused by medical procedures to address these issues.
   • Example: A patient who underwent multiple surgeries to correct PowerPort failures may claim damages for the physical trauma and ongoing discomfort.
2. Emotional Distress
   • Plaintiffs may be compensated for the anxiety, depression, or psychological trauma caused by their injuries.
   • Example: A patient who develops post-traumatic stress disorder (PTSD) after experiencing a life-threatening infection could seek damages for emotional distress.
3. Loss of Enjoyment of Life
   • If complications prevent plaintiffs from engaging in hobbies, activities, or routines they once enjoyed, they can pursue damages for diminished quality of life.
   • Example: A patient who can no longer participate in sports or physical activities due to catheter-related blood clots might claim compensation for this loss.
4. Loss of Consortium
   • Family members, such as spouses, may seek damages for the loss of companionship, intimacy, or support caused by the plaintiff’s injuries.

Punitive Damages

In certain cases, courts may award punitive damages in addition to economic and non-economic damages. These are designed to punish a defendant for particularly egregious behavior, such as knowingly marketing a defective product or failing to address safety concerns.

How Courts Calculate Compensation

Courts consider a variety of factors when determining the amount of compensation, including:

• Severity of Injuries: More severe or life-altering injuries typically result in higher awards.
• Impact on Daily Life: The extent to which injuries disrupt a plaintiff’s ability to work, care for themselves, or engage in normal activities.
• Medical Evidence: Comprehensive documentation of injuries, treatments, and associated costs strengthens a plaintiff’s claim.
• Jurisdiction: Some states impose caps on non-economic damages in personal injury cases. For example, Arizona does not limit non-economic damages, but other states may have stricter guidelines.

Seek Justice for Bard PowerPort Injuries

If you’ve experienced injuries from this device, you don’t have to face the fight for justice alone.

Call (XXX) XXX-XXXX today for a free consultation and take the first step toward justice. Our attorneys will guide you through this process and help you rebuild your life.