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Bard PowerPort Lawsuit

Bard PowerPort lawsuits filed nationwide claim the devices have inherent design and manufacturing flaws, making them prone to migration and breakage. Failure of these implantable devices can cause serious—and even deadly—health complications. If you’ve been injured by one of these defective medical devices, contact Cutter Law P.C. to learn if you are eligible for compensation.

Key Takeaways

Why Are People Filing Bard Powerport Lawsuits?

Approved by the FDA in 2000, the Bard PowerPort is a surgically implantable catheter that delivers medication and fluids intravenously for extended periods. Numerous problems with the device’s design have led to allegations of severe injuries and deaths.

Many who have suffered injuries or lost loved ones because of defective Bard PowerPorts have filed product liability lawsuits. The victims claim that defects in the device make them prone to deteriorating, breaking, cracking, leaking fluids, failing, and migrating throughout the body. The lawsuits allege they suffered physical and emotional harm, resulting in hospitalization, invasive procedures, infection control measures, and even death.

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Featured Product Liability Lawyer

JENNIFER DOMER

Attorney Jennifer Domer’s practice focuses solely on mass torts litigation against pharmaceutical companies and defective medical device manufacturers. She advises and represents claimants who have been injured as a result of product defects, negligence, fraud or misrepresentation.

They took the time to listen to my story and stayed in contact with me at every stage.

Who is Eligible to File a Lawsuit?

If you’ve had a Bard PowerPort implanted and have experienced medical complications, you may be eligible to file a port catheter lawsuit. To pursue damages, you must meet the following criteria:

  • You had a Bard PowerPort catheter device implanted.
  • Your Bard PowerPort migrated, degraded, fractured, or malfunctioned in some way.
  • You suffered an injury due to the failure of your medical device.

If you’re unsure about your qualifications for a lawsuit, speak with one of our experienced defective products attorneys about your rights.

Do I Still Have Time to File a Claim?

The deadline to file a Bard PowerPort lawsuit varies by the state in which you live. Each state has a different statute of limitations, which is the time limit for filing legal action against a person or company. In California, you have two years from the date you learned or should have learned of your injuries to file a lawsuit.

How Do I File a Bard PowerPort Lawsuit?

Many lawsuits have already been filed by people who have suffered injuries due to defective Bard PowerPort devices. In June 2023, a motion was filed to consolidate many cases into a Multidistrict Litigation, or MDL.

In an MDL, the cases are consolidated and managed by a single federal judge. Each case remains separate. However, the parties share discovery, and pretrial proceedings are combined. A few test cases will go to trial in what are known as bellwether trials. The outcomes of the bellwether trials can determine whether the parties settle the remaining cases.

To file a Bard PowerPort lawsuit, contact a knowledgeable product liability attorney who will protect your interests. At Cutter Law P.C., our attorneys will handle all aspects of your case so you can focus on your recovery and well-being.

Insight From Cutter Law

Being able to reach a successful resolution is probably the most rewarding part of the job—especially when you get to wrap up a case and know that you’ve helped a large subset of the population who have all been affected in the same way.

JENNIFER DOMER

Jennifer Domer,
Partner at Cutter Law

How Much Can I Receive for a PowerPort Settlement?

When a defective product causes injury, you have the right to seek recovery of your economic damages, which cover the financial losses caused by your injury, and non-economic damages, which cover the harder-to-quantify impacts on your life.

Economic damages can include the following:

  • Medical bills
  • Lost wages
  • Reduced earning capacity
  • Disability
  • Nursing assistance
  • Other out-of-pocket expenses

Non-economic damages can include the following:

  • Pain and suffering
  • Loss of quality of life
  • Loss of consortium
  • Emotional distress
  • Loss of companionship

In some cases, the plaintiff may be ordered to pay punitive damages as a form of punishment and to deter similar wrongdoing in the future.

When Should I Contact an Attorney?

As soon as you know or suspect you have an injury connected to a Bard PowerPort, contact an attorney. Evidence can disappear, and memories fade over time. Acting quickly can preserve critical evidence to ensure you can build the strongest case possible.

A skilled personal injury lawyer can take immediate steps to investigate your case, determine your eligibility to pursue a claim, gather evidence, consult experts, and file your port catheter lawsuit.

How Can Cutter Law Assist Me With the Bard PowerPort Lawsuit?

At Cutter Law P.C., our California product liability attorneys have over 130 years of combined legal experience. We are here to fight for justice for you and your family if a defective Bard medical device has injured you.

Our nationally recognized attorneys have secured hundreds of millions of dollars in settlements and verdicts for clients, and we’ve received acclaim from prestigious organizations for our high-quality service.

When you trust our firm with your legal matters, we will fight for you every step of the way. Our attorneys will make sure you understand your legal options as we advocate for maximum compensation on your behalf.

Cutter Law team shot of Celine, Chris, Brooks, Margot, Jennifer, and John

Frequently Asked Questions

What Injuries Are Associated with Bard PowerPort Devices?

Potential injuries and complications associated with Bard PowerPort devices include the following:

  • Blood clots
  • Damaged blood vessels
  • Pulmonary embolism
  • Deep Vein Thrombosis
  • Nerve damage
  • Blood infections
  • Myocardial infarction or heart attack
  • Tachycardia
  • Arterial puncture
  • Pericardial tamponade
  • Collapsed lung
  • Hemothorax
  • Stroke
  • Death

The Bard PowerPort is a group of port catheter devices surgically implanted under the skin to deliver medicine and fluids into the bloodstream. The following individual devices have been named in lawsuits:

  • PowerPort™ ClearVUE™ Implantable Port
  • PowerPort™ ClearVUE™ Slim Implantable Port
  • PowerPort™ ClearVUE™ ISP Implantable Port
  • PowerPort™ M.R.I.™ Implantable Port
  • PowerPort™ isp M.R.I.™ Implantable Port

Manufacturer C.R. Bard continues to market these devices, which remain approved for use by the U.S. Food and Drug Administration.

C.R. Bard Inc. and its subsidiary Bard Access Systems Inc. have manufactured Bard PowerPorts. Bard is now a wholly-owned subsidiary of Becton Dickinson & Co. The companies may have known of the product’s defects for several years. The lawsuit alleges that the companies concealed thousands of reports from patients and doctors citing issues and injuries caused by the medical device’s failure.

The existing PowerPort lawsuits allege that the defendants deliberately disregarded the potential harm their products were causing patients. Depending on the magnitude of this deception, damages may increase for plaintiffs.

There are currently no active recalls for the Bard PowerPort implant. There was a temporary recall for several Bard devices between October 2019 and March 2020, citing displacement issues, but that recall was closed.

The FDA has received hundreds of adverse event reports regarding Bard products but has not issued a new recall. If a recall does happen, it can help establish there was a defect. However, it does not serve as an admission by the manufacturer that there was a defect or make the manufacturer automatically liable for any injuries. Thus, a recall does not guarantee success in a product liability case.

Defective Medical Device Attorneys

Medical devices like the Bard PowerPort are meant to help patients, not injure them. When a device fails or causes additional harm, it can cause devastating physical, emotional, and financial consequences.

At Cutter Law P.C., our attorneys are highly skilled at representing clients harmed by defective medical devices. If you or a loved one has been injured by a BardPower Port, an experienced medical device injury lawyer can help you fight for your rights.

If you’ve been affected by a defective Bard PowerPort, don’t delay. Contact our office today to schedule a free case evaluation.

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