The Bard PowerPort product has been marketed since 2000 as a solution for those who require repeated access to the vascular system for their medical care. The port system can be used for medication infusions, administration of IV fluids, the withdrawal of blood samples, and more.
Now, an ongoing Bard PowerPort lawsuit suggests that a faulty design may have contributed to catheter defects that led to many patient injuries. The catheter lawsuit includes claims of increased risk of infection, injuries, insufficient delivery of medication, and more.
If you had a Bard PowerPort implanted and suffered an injury, you could be entitled to compensation. Constant Legal Group partner Ryan Cavanaugh was recently appointed to the leadership committee for the Bard PowerPort litigation taking place in the District of Arizona.
Get more details about this ongoing lawsuit, what complications to watch out for, and how our firm can help you below.
What is a Bard PowerPort?
A Bard PowerPort is a trademarked implanted port that provides central venous access to healthcare providers. This implantable port can be used as a way to deliver life-saving medications, like anticancer therapy drugs or high-calorie infusion solutions.
It’s made up of two main parts: an injection port and a polyurethane catheter.
The Bard PowerPort can only be accessed with a special needle. This non-coring needle, dubbed the Huber Needle, delivers medication to the patient. This innovative device differs from traditional ports because Bard’s PowerPort can tolerate higher injection pressure: PowerPorts allow for faster injections.
Bard Medical Group, the brains behind this device, is a division of Becton, Dickinson, and Company. Becton Dickinson manufactures Bard catheters.
PowerPort Complications
Claimants allege Bard PowerPorts have multiple problems and noticeable defects, including issues with the structural integrity of the port and problems with the implantable aspect of the port. Both of these have led to severe injuries in some patients.
One of the most common Bard PowerPort complications stems from issues with the structural integrity of the Bard PowerPort Injection Port. The flimsy tubing has proven to be ineffective at handling the fast flow of the injected medication.
The pressure, which should have been accounted for in the designing process, has caused the device to fracture in some cases. Even when the device hasn’t fractured, the weak and fraying tubing can lead to a build-up of bacteria as the integrity of the device degrades over time.
The tubing is a type of Chronoflex, a mix of polyurethane and barium sulfate; this material often cracks and splits. As the device weakens, some of the plastic pieces can break off of the Bard ports.
In rare cases, these pieces can enter the bloodstream and cause internal damage to blood vessels and organs. If this occurs the heart can be at risk too.
The implantable port itself has also led to certain medical problems including blood clots, bleeding, and cardiac punctures. In several of the most serious cases, patients have experienced a pulmonary embolism, deep vein thrombosis, pregnancy complications, and more.
If you’ve developed any of these medical conditions after using a Bard PowerPort, the device might have caused or contributed to those injuries.
Other Associated Associate With PowerPort Complications
Some of the conditions mentioned above are life-threatening and even fatal in certain situations. Now, we’ll expand a bit on each of these conditions below.
Here are some other conditions associated with the investigations into Bard PowerPort complications:
- Pulmonary embolism: When the catheter is installed in the vein, fractures from the implanted port device may enter the bloodstream and can cause clotting. A pulmonary embolism occurs when a blood clot gets stuck in an artery in the lung. This can be serious and even fatal.
- Deep vein thrombosis: When a catheter failure causes a blood clot, the clot can form in one of the deep veins, like the legs. These clots can be dangerous and lead to long-term complications.
- Cerebral venous sinus thrombosis: With catheter failure, blood clots can form in the brain’s venous sinuses. This could prevent blood from draining properly and lead to brain swelling and bleeding. This medical condition can be extremely serious.
- Infection, including sepsis: Sepsis is a life-threatening condition that can happen when you have an infection and fail to get treatment. Then, the infection spreads. Sepsis and various infections result from bacteria from the catheter’s alleged faulty design.
- Catheter migration: Unfortunately, implanted catheters can migrate into other areas of the body, which can cause significant harm.
- Cardiac/pericardial tamponade: This medical condition happens when the fluid around the heart fills with too much blood or fluid and puts excess pressure on the heart.
- Vascular damage: When bacteria from a faulty catheter enters the bloodstream, it can ultimately slow down and block the blood flow inside the arteries or veins. Over time, this could lead to vascular disease.
- Wrongful death: In some cases, the PowerPort failure can result in an untimely death.
In a wrongful death situation, the surviving loved ones can still pursue compensation from the responsible party.
Symptoms of PowerPort Complications
Serious and life-threatening complications are, thankfully, the exception and not the rule when it comes to Bard’s PowerPort problems. Still, it’s imperative that you seek out timely medical care if you experience any of the following symptoms and you have a Bard PowerPort:
- Confusion
- Bruising
- Fever
- Difficulty breathing and shortness of breath
- Swelling and/or inflammation
- Headaches
- Abnormal heart rate/arrhythmia
- Drainage at the port site
- Chest pain
- Bloody cough
Your doctor can help determine if the source of your ailments in the Bard PowerPort. If so, your doctor can also help you come up with a treatment plan moving forward.
Is There a Bard PowerPort Recall?
Yes, on October 19, 2019, the FDA officially initiated a recall on three types of Bard Powerport catheter devices, including:
- PowerPort Implantable Port with Attachable 9.6 F Open-Ended Single-Lumen Venous Catheter REF: 1709600, Air Guard, With suture plugs (01)00801741026720
- PowerPort Implantable Port with Attachable 9.6 F Open-Ended Single-Lumen Venous Catheter REF: 1709601, Air Guard, With suture plugs (01)008001741026737
- PowerPort Implantable Port with Attachable 9.6 F Open-Ended Single-Lumen Venous Catheter REF: 1759600, Air Guard, With suture plugs (01)00801741026850
The FDA recall explains that the affected products should no longer be used or distributed. However, other Bard PowerPorts might be under scrutiny next and users should keep an eye out for potential complications.
Why is Bard Getting Sued For Their PowerPorts?
Bard is getting sued for their PowerPorts because they’ve been accused of negligence when it comes to responding to reports of adverse health effects from their devices.
According to claims presented in the lawsuit, Bard allegedly knew, or at the very least should’ve reasonably known, that the devices had safety problems at the same time that they were reassuring the public that the devices were safe.
Evidence to support these claims can be found using data from the Adverse Event Reporting System and the FDA’s Alternative Summary Reporting Program. Between 1997 and June 2019, there were several complaints made about catheter port devices under the reporting program. 65% of these complaints were reportedly not available to the public, but Bard had access to this information.
Who Qualifies for Participation in Bard PowerPort Lawsuits?
Not every individual who suffers an injury or even an adverse effect necessarily qualifies to participate in the Bard PowerPort lawsuit.
In order to potentially qualify to file a lawsuit for compensation, the following elements must be met:
- You must have a Bard PowerPort device implanted
- The Bard PowerPort device’s defects led to a qualifying injury, illness, or infection on your part
- Your injuries led to specific losses
You may also qualify to pursue a claim if your loved one suffered a fatal injury and had the Bard PowerPort device. Surviving loved ones may be able to pursue compensation in the form of medical bills, burial costs, loss of financial support, loss of consortium, pain and suffering, and more.
If you’re still unsure if your injuries qualify for a claim, consult with a lawyer who can help you determine your options.
What is the Average Bard PowerPort Settlement Amount?
We are too early in the litigation to estimate what the average Bard PowerPort settlement will look like. However, here have been similar settlements that you can use to estimate what future awards look like.
For instance, a recent Bard hernia mesh claim, the C.R. Bard Inc. lawsuit, resulted in a settlement of over $184 million. Each claimant received about $70,000 each. In both 2016 and 2018, there were individual hernia mess lawsuits that resulted in settlements of $3.6 million and $18.5 million.
Award claimants hope to see the payout reflect the extent of the losses they’ve endured as a result of the PowerPort-induced injury. If the case is successful, compensation awarded should include losses in the form of medical bills, future medical expenses, lost wages, a loss of quality of life, and more. In general, your compensation award won’t exceed the extent of your losses.
Bard Lawsuit Update for 2023
As of September of 2023, 50 Bard lawsuits have been consolidated in the District of Arizona.
Constant Legal Group is uniquely positioned to assist patients injured by Bard PowerPorts because our team has been actively involved in this case since the beginning. Recently in September, Ryan Cavanaugh, a founding partner of our firm, was appointed to a plaintiff’s leadership position for the case. The judge overseeing the Bard PowerPort case, Judge Campbell, is also on the IVC filters product liability case.
Here are a few other recent updates to the case:
- August 2023: Bard PowerPort migration and fracture cases consolidated into one multidistrict litigation suit.
- July 2023: The Judicial Panel prepares to hear arguments on a class action lawsuit.
- June 21, 2023: Bard resists the motion filed. However, evidence compounds, plaintiff cases mount, and more potential cases come forward.
- June 12, 2023: Motion filed to the US Judicial Panel on Multidistrict Litigation regarding 10 different PowerPort lawsuits across various districts.
Why Choose Constant Legal Group?
If you’ve experienced a PowerPort injury, then you’ve already had your trust broken in a major way. After all, you trusted the PowerPort manufacturer to create a safe product.
Here at Constant Legal Group, we understand what you’re going through. We have extensive product liability experience and previous case results that demonstrate our ability to successfully secure justice. You can also check out testimonials from our previous clients to see what they’re saying about our services.
Our five-star reviews reflect the quality and level of service that we want to provide to everyone who comes to us for help. You can rely on us and trust our firm to have your back every step of the way.
Frequently Asked Questions: The Bard PowerPort Catheter Lawsuit
Are you still unsure about whether the Bard PowerPort lawsuit might be something that you should join? Do you have more questions about the facts of the case?
Get answers to some of the most frequently asked questions about the Bard PowerPort catheter lawsuit below:
At this moment, we can only speculate as to how much Bard knew about the PowerPort’s defects. Based on information in the lawsuit, plaintiffs argue that Bard should have reasonably known about some of the defects being reported through the Alternative Summary Reporting Program. Complaints were being made regarding the catheter’s defective tubing, breaking, and more.
Currently, there is multidistrict litigation against Bard, which is a bit different than a class action lawsuit as it consolidates multiple, individual lawsuits. The ongoing case is based in Arizona under Judge David G. Campbell.
Multidistrict litigation occurs at the federal level, whereas class action lawsuits can happen either in federal court or on the state level. Every plaintiff in multidistrict litigation (MDL) is a plaintiff, but in a class action lawsuit, one party takes on the claim on behalf of all the plaintiffs or class members.
In MDLs, plaintiffs generally all have the same claims and similar injuries. Attorneys can work together and share evidence, and the cases are usually resolved much quicker than if they were tried separately. Unlike in a class action lawsuit, compensation is awarded on an individual basis rather than the same amount provided to each class member.
One of the best parts of hiring a lawyer who works for Constant Legal Group is that we operate on a contingency fee basis.
A contingency fee payment arrangement means that you won’t have to pay your attorney at all unless you ultimately win your case. At that point, you’ll pay your attorney an agreed-upon percentage of your overall settlement award.
Other law firms may request to get paid upfront, hourly, weekly, or even based on how complex your case is. Always inquire about the payment schedule before hiring a firm so you know what to expect moving forward.
Reasons to Choose
Our attorneys at Constant Legal Group are backed by 18+ years of experience and education. Not only are we qualified to take on your case, but we care deeply about making sure you feel in the know and confident about your situation.
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