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September 1st, 2023The Bard PowerPort is a medical device designed to simplify medical treatments through convenient access to veins. Unfortunately for patients nationwide, this catheter has become the center of attention for all the wrong reasons. People are filing lawsuits alleging defective Bard PowerPorts are the cause of severe and potentially life-threatening injuries. Recently, the Judicial Panel on Multidistrict Litigation has responded to the increasing number of cases by establishing a Bard PowerPort MDL. This MDL offers a promising avenue for the plaintiffs seeking resolution.
Many saw the Bard PowerPort as a breakthrough for patients who undergo repeated injections. The tiny device granted healthcare providers quick and easy access to patients’ veins, cutting down on time and discomfort. The device, implanted just beneath the skin, hooks up to a catheter to administer fluids or medications to patients.
However, Bard PowerPort lawsuits claim that the companies that made these devices, C.R. Bard, Inc., and others, used a material called barium sulfate in a way that’s not safe. According to lawsuits, the high concentration of barium sulfate is affecting the structural integrity of the Bard PowerPort. This compromised structure is reportedly causing the devices to have serious flaws, including fractures, migrations, and leakage.
These events lead to severe health complications like infections, hemorrhages, and even blood clots. Additionally, grieving family members are joining Bard PowerPort litigation by filing wrongful death lawsuits for loved ones who tragically lost their lives allegedly due to the malfunctioning devices.
On August 8, 2023, the Judicial Panel on Multidistrict Litigation established the Bard PowerPort MDL. This panel is in charge of deciding whether lawsuits are worthy of becoming multidistrict litigation. An MDL helps streamline cases with similar claims. The Bard PowerPort cases are dispersed across various courts, which could result in inefficient and complex proceedings. Centralizing these cases in one court under one judge will ensure consistent rulings.
Bard objected to the formation of the MDL. The company argued that lumping cases together might be unfair because it would ignore the differences between individual cases. However, the JPML said these case-specific details would not obstruct the MDL. Bard also accused individuals of filing false lawsuits to create an MDL, but the JPML rejected this argument too.
The JPML transferred ten cases to the District of Arizona, with the Honorable David G. Campbell selected as judge. Also, the panel noted there may be 38 tag-along cases.
The Bard PowerPort MDL is an important development for these lawsuits, but this is only the beginning. There are several steps in the MDL process, such as discovery and bellwether trials. These trials will provide crucial insights into the potential outcomes of these claims in addition to a possible settlement amount.
As the Bard PowerPort MDL unfolds, The Lake Law Firm is here to advocate for the individuals harmed by these devices. Were you or a loved one injured by a defective Bard PowerPort? Call (888) 525-3529 to speak with our team today and learn if you qualify for a lawsuit.
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