New Motion to Create Bard PowerPort MDL

New Motion to Create Bard PowerPort MDL

The Bard PowerPort, a widely used implantable port catheter, has become the subject of numerous lawsuits. As the number of Bard PowerPort claims continues to grow, patients and their loved ones are seeking justice for the severe injuries caused by defects in the catheter. A recent motion filed with the U.S. Judicial Panel on Multidistrict Litigation (JPML) aims to consolidate these Bard PowerPort cases. By creating a Bard PowerPort multidistrict litigation (MDL), plaintiffs hope to bring their claims before one judge to handle the litigation more efficiently.

Underlying Issues With the Bard PowerPort

The Bard PowerPort is an implantable port catheter developed to make the lives of patients who require repeated injections easier. This device, about the size of a quarter, facilitates quick access to a patient’s veins. It is designed to withstand higher injection pressures and allows for rapid injections, making it a preferred choice for medical professionals. Additionally, the Bard PowerPort enables the use of multiple needles, enabling healthcare providers to administer more than one treatment through the device.

However, despite its potential benefits, reports emerged regarding dangerous complications associated with the Bard PowerPort. Individuals have undergone adverse health events allegedly caused by the Bard PowerPort. These problems include:

  • Thromboembolism (blood clots in the veins)
  • Hemorrhage
  • Infection
  • Cardiac complications
  • Organ perforation
  • Death

These reported injuries pushed plaintiffs to file a motion to consolidate lawsuits into a Bard PowerPort MDL.

Motion Filed to Form Bard PowerPort MDL

On May 24, 2023, plaintiffs requested to transfer Bard PowerPort lawsuits to a single court. There are currently ten federal cases filed involving plaintiffs allegedly injured by the failure of these catheters. However, the motion notes that the number of implanted Bard PowerPorts paired with high complication rates could lead to tens of thousands of cases.

The lawsuits name C.R. Bard, Becton, Dickinson and Company, and Bard Access Systems, Inc. as defendants in the proposed Bard PowerPort MDL. The plaintiffs claim the defendants negligently designed the catheter by using an agent called barium sulfate. This agent reportedly compromised the catheter, resulting in microfractures, fissures, and other alterations to the structure of the PowerPort.

The manufacturers allegedly concealed injuries and complications linked to the device by sending these reports to the FDA’s controversial Alternative Summary Reporting (“ASR”) program. Unfortunately, device failures submitted through the ASR program were unavailable to the public or healthcare providers until 2019. Therefore, plaintiffs state the companies deliberately withheld these problems from unsuspecting patients and doctors.

Since plaintiffs make similar allegations regarding the connection between catheter defects and their subsequent injuries, the motion argues that centralizing these actions is the most efficient way to handle the litigation. Multidistrict litigation helps establish a single authoritative decision-making process, promoting fairness and uniformity in legal proceedings. The motion proposed the Western District of Missouri as the appropriate setting for the Bard PowerPort MDL.

The Lake Law Firm Can Help You File a Bard PowerPort Claim

The JPML will likely decide whether to grant centralization at its next hearing. While we await the Bard PowerPort MDL, our law firm can assist you in filing a potential claim. If a defective Bard PowerPort injured you or a loved one, you may be eligible to recover compensation. Contact The Lake Law Firm today at (888) 525-3529 to see how our team of capable attorneys can assist you.