The Bard PowerPort is designed to facilitate the connection of catheter devices for drug administration. However, patients have reported experiencing various complications with it. Since the device's launch, patients have experienced problems such as materials shattering, displacing, or breaking the catheter, which pose a significant risk to their health. As a result, a significant number of patients are currently filing product liability lawsuits against the manufacturer of Bard PowerPort. This blog delves deeper into the common concerns about the safety of Bard PowerPort.

What is the Bard PowerPort?

Bard Access Systems, a division of Becton, Dickinson, and Company, produces an implantable venous access device known as the Bard PowerPort. The device, often referred to as a "port," provides convenient and easy access to veins. These devices enable long-term intravenous ("IV") access, which allows for the repeated administration of drugs, blood products, fluids, and blood samples.

Like other comparable devices, a PowerPort includes two key parts. Port chambers are small reservoirs with self-sealing septums. It's normally made of metal or plastic and is placed beneath the layer of skin, commonly on the upper part of the chest. The catheter, a flexible tube attached to the port chamber, is inserted into a large vein, which leads to the superior vena cava, which is located close to the heart.

The PowerPort is designed to deliver power, making it suitable for processes that require quick injection of contrast materials, like contrast-enhanced CT scans. To access the port chamber, a unique needle is inserted through the skin and into the septum of the port. This enables the direct administration of blood, drugs, or other fluids into the bloodstream. Once the needle is removed, the septum seals itself.

Concerns About the Bard PowerPort's Safety

Many patients have complained about the Bard PowerPort, and it seems that most of them believe the problem has to do with the components that were used to make the catheter tubes. Most of these products are made of flexible polyurethane polymer, which is formed by combining polyurethane with barium sulfate.

However, there might be a concern with the company's usage of high concentrations of barium sulfate, which could lead to other issues, including the tubing's structural integrity deteriorating and tiny cracks appearing in the catheter tubes.

Additionally, several reports show that Bard PowerPort products carry a higher risk of infection. The reason for this is that when the needle is removed, it leaves a tiny hole behind that could harbor bacterial growth.

The following are some of the most common issues:

Fractures in Catheters

There have been reports of fractures in catheters and other PowerPort-related problems in some patients. Even though they are rare, catheter fractures can be severe. This occurs when the little plastic tubes put into the veins break or crack. Serious injuries could result from this, such as medication leaks or shattered catheter pieces being stuck in veins.

More problems could develop if fragments of a fractured or broken catheter get stuck in the vein. Potential complications include pulmonary infections, hemorrhage, thrombosis, and pulmonary embolism.

To address this issue, physicians could use various approaches. One factor that can determine the next measures to take is the severity of the catheter fracture. If the catheter pieces penetrate the cardiovascular system, surgery could be required. However, physicians often prefer minimally invasive methods as a first option when it is appropriate.

Treatment for catheter fractures may vary in price as well. It relies on the approach that medical professionals choose to handle the medical issue. Receiving a financial settlement from litigation can help cover these expenses.

Catheter Infections

Infections caused by catheters are another problem associated with the Bard PowerPort. Many factors, such as catheter migrations or fractures, can lead to infections. The severity of infections varies, and in certain circumstances, they could result in septic shock or sepsis.

With every catheter implant, there is a risk of getting an infection. However, individuals who have sued Bard PowerPorts claim that they are defective and have caused serious infections. Patients claim that Bard failed to warn them about the higher risks of getting an infection.

Infections emerged later than expected in several cases. The patients believe the implantable port's defective design enabled the development of bacteria months after medical professionals implanted the port.

Catheter-related infections, such as those from PowerPorts, can result in more complications. For instance, doctors often have to prioritize treating catheter infections first. This could cause a delay in other crucial treatments for individuals with primary diagnoses like cancer.

Catheter Migration

Certain Bard PowerPorts have experienced complications with catheter migrations. Catheters can get dislodged due to various actions, like vomiting or coughing. Migration can also be linked to other resulting problems.

The complications resulting from migration vary depending on several circumstances, such as the type of vein used. Patients might suffer from thrombosis, hemorrhage, perforation, infection, ear, shoulder, or neck pain, catheter malfunction, or neurological complications.

Migration is not common in most Port-a-Caths, but it's still a possibility. However, claims allege that these occurred more frequently than expected with Bard PowerPort implantable ports. Victims believe that the device's design flaws enhanced the risks of catheter migration. The patients were also not informed that the risks were greater compared to other catheters.

Significance of Product Liability in Bard PowerPort Lawsuits

According to a study by the US Consumer Product Safety Commission, defective products result in more than 31 million injuries and 23,000 fatalities each year. A product liability suit imposes a duty of care on all manufacturers and sellers for the products they deliver to customers.

Each item should live up to the average customer's expectations. Any flaw that jeopardizes the customer's safety or lowers the product's quality is a breach of this responsibility. It allows individuals to sue the manufacturer to get compensation for the damages and injuries sustained.

In this case, Becton Dickinson & Company, C.R. Bard, Inc., and Bard Access Systems, Inc. are the main players in the faulty Bard PowerPort catheters. Victims of injuries claim that Bard let them down on several fronts, including:

  • Not revealing the risks associated with the product.
  • Concealing health concerns that users have reported.
  • Failing to launch a prompt product recall.
  • Not offering a safer substitute design.

The proof of responsibility in design fault claims is always more difficult. However, if the manufacturer is held accountable, they risk severely harming their reputation and financial standing. They might have to deal with numerous lawsuits and a large-scale product recall. Maybe that's why businesses like Bard want to quietly squash or resolve the matter before it gets out of control.

There is a serious design flaw in the Bard PowerPort gadget. The catheter tubes' mechanical integrity is responsible for the defect. It makes use of Chronoflex, a flexible polymer made of polyurethane and barium sulfate.

The mechanical breakdown is attributed to the excessive amounts of barium sulfates. It increases the risk of fracture, fissuring, and cracking in the catheter tubes. Due to an improper mixing of the polymer, trapped air and pockets of barium sulfate are dispersed throughout the apparatus.

Additionally, according to these claims, Bard was aware of the issues for years yet did nothing to address them. When compared to its competitors in the market, Bard PowerPort catheters had a higher number of failure reports.

They did not carry out sufficient post-marketing surveillance to monitor these problems, nor did they notify the medical community of these dangers. Despite the issue, Bard persisted in marketing its PowerPort catheters as safe for use.

The Risks of Using a Faulty Bard PowerPort Product

Bard PowerPort devices have been linked to many adverse effects. Most of the issues include blood clots forming, the device shifting from its initial position, infections, and device malfunctions. Individuals who experience these complications could be suffering from any of these conditions:

  • Blood clots.
  • Cardiac arrhythmia.
  • Pericardial/cardiac tamponade.
  • Cardiac punctures.
  • Deep Vein Thrombosis (DVT).
  • Hematoma.
  • Bleeding or hemorrhaging injuries.
  • Pulmonary embolism.
  • Organs, vessels, and tissue perforations.
  • Blood infections.
  • Persistent and severe pain.
  • Blood vessel rupture.

When doctors pierce the skin or implant something foreign into the human body, there's a chance of the patient getting an infection. Nevertheless, Bard PowerPort infections usually appear shortly after the surgery, suggesting that the infection could be the result of a design flaw in the Bard PowerPort rather than an initial exposure.

Recall on the Bard PowerPort

The United States Food and Drug Administration issued a class 2 recall of three Bard PowerPort devices in March 2020. The report states that Bard initiated the recall after discovering "the product could be susceptible to the danger of mistakenly having a tunneler that features a barb tip intended to secure a 6Fr catheter" instead of the proper barb tip that fits a 9.6Fr catheter. This could prompt the operation to last longer than expected.

Using the wrong tips had the potential to break loose from the catheters, thus prolonging the process. The company claimed that patients can face an "increasing danger of minor tissue damage." However, the devices are unlikely to cause serious harm or lasting health issues.

Patients are currently suing Bard because the company marketed a defective device without making the necessary adjustments or providing adequate warnings. Lawsuits allege that the device's manufacturer ought to have recalled it due to these issues, but they chose not to do so.

These lawsuits, which are unrelated to the 2019-2020 recall, claim that the design of the Bard PowerPort could potentially cause the device to break and shift. This could result in severe, and possibly fatal, issues such as infections, blood clots, and other complications.

Putting Together Evidence for a Solid Case

Every successful multidistrict lawsuit involving a defective product begins with a few individual injury reports from consumers. Eventually, a ground-breaking study was released that scientifically connects defective products to customer injuries.

More people begin to file lawsuits, more research is conducted, and the appropriate authorities begin to conduct investigations. You'll get better compensation if you can provide solid proof. It is your responsibility to provide your lawyers with all the information they require to prove your case beyond a reasonable doubt.

The following are the key pieces of evidence that you'll require to put together your Bard PowerPort case:

  • A formal medical diagnosis based on the records of the injuries sustained.
  • A clear record of all medical costs.
  • Details about the treatments.
  • Medical records.
  • Employment details.
  • Images and videos showing the initial injury and its development.
  • Witness statements.

Lawsuits Against Bard PowerPort

Many individuals have reported that they have experienced major health problems as a result of using faulty Bard PowerPort devices. Some individuals started filing suits against Bard for the PowerPort catheter in 2023. These patients had Bard Port-a-Cath implants, which resulted in various kinds of injuries and problems.

Litigation over this medical gadget is currently in its preliminary stages. Individuals who might have had any side effects from the Bard PowerPort devices can speak with an attorney about possible legal options. The parties involved in the ongoing litigation against Bard submitted a motion in court for multidistrict litigation (MDL) in June 2023. This method of handling cases is popular and makes things easier for all parties. It begins with cases being transferred to the federal courts.

Multidistrict Litigation's Role in Simplifying Bard PowerPort Cases

Multidistrict litigation (MDL) is similar to a class action suit. The federal court can use it to combine a significant number of related lawsuits filed against the same accused party. It simplifies the legal procedure for every party involved and does away with the necessity of submitting hundreds or even thousands of lawsuits.

The MDL is assigned a magistrate who is in charge of overseeing the proceedings in a federal court. The lead victims' attorneys will submit a joint complaint, to which the accused has to respond. Both parties then work hard to gather information and carry out other pre-trial procedures to challenge each other.

Each victim will need to file an individual legal action. The injuries they've sustained will be taken into account when evaluating their damages. Each victim will not receive a standardized settlement. Furthermore, the lawyers will likely be unable to come to an inclusive settlement. The legal matters in this case could end up being transferred to individual regional courts for hearings.

The following are some ways that a Bard PowerPort MDL can expedite court proceedings:

  • Combine your funds to reduce the litigation costs.
  • Gather more evidence and witnesses to back up your case.
  • Steer clear of redundant research when gathering evidence.
  • Prevent inconsistencies in rulings.
  • Speeds up the legal procedure.

The plaintiffs submitted a motion on June 12, 2023, pleading with the U.S. Judicial Panel on Multidistrict Litigation (JPML) to combine all of the Bard PowerPort cases into an MDL class action. The victims claimed that the number of cases involving similar issues has been steadily increasing every month. However, the port's manufacturer has so far resisted the push.

The JPML has not yet decided whether or not an MDL class action is the most appropriate course of action but continues to review the oral testimonies. If they grant their approval, the victims can expect streamlined pretrial proceedings thanks to improved coordination of the discovery phase.

Attorneys and judges have also experienced a great deal of relief from MDLs. By leveling the legal field against established corporate firms, the courts can achieve faster and more equitable outcomes. It prevents individuals or groups from using their vast resources to sabotage justice and delay the legal process.

Types of Compensation Available to Bard PowerPort Victims

Not many settlements or rulings have been reached in the Bard PowerPort lawsuits because the cases are still in their early stages of trial. Victims can get compensation for defective Bard Port-a-Caths as these cases progress.

Verdicts and settlements are two possible outcomes for victims in a legal dispute. A settlement is an agreement that the parties involved reach outside of court. The public has no access to specific settlement compensation. Judges or juries decide on court verdicts. The verdict amounts granted to the victims are usually made accessible to the public.

Damage awards in any product liability case vary depending on the specifics of the case, such as the nature and extent of the injuries sustained by the victim. On the other hand, victims who are successful in initiating a claim are usually entitled to compensation for both non-economic and economic damages they incurred as a result of the defective product.

For instance, economic damages cover payment for all previous medical costs associated with the patient's injuries as well as any additional future medical expenses for treatments that could be required. There could be additional support available to compensate for the patient's reduced earning potential and lost income.

Non-economic damages are meant to make up for the psychological and emotional impact that an injury has on a victim's life. This includes disrupted familial relationships, emotional distress, and compensation for suffering and pain.

Find A Product Liability Attorney Near Me

If you have been affected by a defective Bard PowerPort device, along with many other patients in the United States of America, you may seek resolution through the litigation process. To seek compensation for the damages and injuries caused to you, one option is to file a mass tort lawsuit against the manufacturer of the Bard Powerport device. If you’re unsure about which lawyer to engage, Consumer Alert Now can assist you in filing a lawsuit to defend your case. Our experienced attorneys specialize in various personal injury cases, particularly mass torts, and have successfully helped numerous patients receive fair compensation. For assistance with filing a mass tort lawsuit in the US, call us today at 800-511-0747.