Many patients who have to deal with the inconvenience of receiving regular shots welcome any medical technology that promises to make routine injections as quick and painless as possible. Bard PowerPorts are implantable catheter devices that were created to provide patients with added simplicity when receiving intravenous medications.

Unfortunately, these medical devices can sometimes create more issues than they solve. The manufacturer of Bard PowerPort devices is facing numerous lawsuits, as many patients have reported injuries caused by these devices. This blog offers a detailed, step-by-step guide to Bard PowerPort lawsuits.

What is a Bard PowerPort?

Nobody enjoys being jabbed with a needle, especially if they have a health issue that requires regular injections. This excruciating problem is precisely what the Bard PowerPort technology aims to address for patients.

Vascular access devices, such as the Bard PowerPort implantable port and other similar Bard ports, are inserted under the patient’s skin to create catheter ports that simplify the administration of medicine into a patient's bloodstream. The primary components of the system include a polyurethane catheter tube, which is used to deliver the medication into the blood vessel, and an injection site where the needle is inserted to administer the medication.

The injection port features a raised region designed for quicker medicine delivery through a needle. The drugs are then administered using a catheter implanted into one of the major veins that supply blood to the chambers of the heart.

In addition to offering a quicker and more convenient way to administer medication or draw blood, Bard's advertisement for PowerPort claims that its design can tolerate more significant injection pressures. However, more and more patients are filing lawsuits and reporting severe injuries, claiming that Bard PowerPort issues might have been prevented if the port's manufacturer had issued warnings about the risks involved.

Overview of the Bard PowerPort Lawsuit

In 2000, the Food and Drug Administration (FDA) authorized the first PowerPort device. This device involves a port catheter that's implanted beneath the skin, providing convenient and long-term access for attaching a catheter. It is primarily used for medication, blood products, intravenous fluid delivery, and solutions for parenteral nutrition.

Many people have reported issues with the Bard’s port since it was first released. These issues include cases of catheters getting fractured or migrating due to cracks within the port material. These problems have caused serious infections, cardiac punctures, blood clots, and a variety of other potentially fatal injuries.

Current lawsuits involving Bard PowerPort devices are directed toward the manufacturer because the port has hazardous design flaws. Also, medical staff and patients were not well informed about the possible port catheter issues related to the product.

Multidistrict Litigation Against Bard PowerPorts

Multidistrict litigation, or MDLs, involves a collection of lawsuits launched against a single defendant in a significant number of individual cases. MDLs allow victims, defendants, and the courts to gather details about shared concerns in every individual lawsuit simultaneously. This efficient process saves time and money by eliminating the need to investigate the specifics of each case individually.

A federal court judge will preside over the MDL proceedings. The plaintiffs' counsel will submit a joint complaint under the judge's supervision. Afterward, the accused party will respond. The lawyers on both parties will execute pretrial procedures that are relevant to each case and get relevant information.

All of the victims' cases remain separate during this process. If the lawyers fail to reach an agreement that relates to all events, the cases could be returned to their respective district courts for trial.

Patients Eligible For Bard PowerPorts

If a doctor or medical professional needs repeated or regular access to an individual's vascular system, the patient may be an ideal candidate for Bard PowerPorts. These individuals could include those receiving chemotherapy or those suffering from serious autoimmune diseases who require regular injections.

Port catheter implantable devices reduce the pain and discomfort related to these injections for both the individual receiving care and the medical team. If your physician inserted a PowerPort and you suffered harm, you could be able to initiate your Bard PowerPort case. Only a professional attorney can determine your eligibility.

Injuries that qualify for compensation in a lawsuit include:

  • Blood clots.
  • Heart punctures.
  • Hematoma or hemorrhage (bleeding).
  • Infections.
  • Necrosis.
  • Heart-related fluid buildup or pericardial effusion.
  • Severe or chronic pain.
  • Rupturing or perforating organs, tissue, or blood vessels.

A Bard PowerPort attorney can inquire about your reactions after receiving the implantable port. When speaking with a lawyer, have documentation about the signs, symptoms, and health conditions with you. If you are uncertain about the diagnosis, an attorney can help you obtain medical records.

Seek legal counsel right away if you choose to file a case. You will be unable to initiate a lawsuit if the statute of limitations expires.

The Reasons Behind Bard PowerPort Lawsuits

Due to the Bard PowerPort's allegedly defective design, many people are suing the manufacturer, claiming the device raises their risk of developing blood clots, organ damage, and infections. Defects in design can result in excessive injection levels and an increased risk for catheter disintegration.

An implanted device known as a functional port catheter makes it easy to access veins to administer drugs like chemotherapy. The port has a little reservoir for administering medication. A physician inserts the device beneath the skin. The catheter, which is usually made of polyurethane or silicone, lies inside the vein.

As a patient receives medicine via the Bard PowerPort device, the design allows the injection's flow to rise, creating pressure against the tubing. The tiny crack that the fractured barium sulfate tubing caused could become a breeding ground for bacteria. Plastic pieces are released into the blood as the pressure builds up over time.

Becton Dickinson, the device manufacturer that makes and markets the Bard PowerPort, was aware of these problems for several years beforehand. The claims raised against the firm state that it withheld thousands of complaints from medical professionals and patients mentioning harm brought on by malfunctioning Bard PowerPort devices.

Manufacturers were able to hide the higher-than-average rate of device faults because of the FDA's Alternative Summary Reporting program, 21 CFR 803.19. Lawsuits allege that Becton Dickinson and its affiliates neglected to alert healthcare providers, advocate for device safety, or promptly initiate a recall.

Injuries and Complications from Bard PowerPort Devices

Lawsuits have pointed to specific design features that could contribute to higher rates of Bard catheter failures among patients using a PowerPort. The most commonly mentioned side effects in these lawsuits include:

Catheter Fracture

Lawsuits reveal that, due to the design of the PowerPorts, tiny fragments of the flexible plastic tubing have often broken free and penetrated the patient's cardiovascular system. These fractured or dislodged catheter tubing fragments have caused several catastrophic and possibly fatal health issues, such as:

  • Cardiac Punctures.
  • Cardiac arrhythmia.
  • Pulmonary embolism.
  • Blood clots.
  • Hematomas.
  • Rupture of the blood vessels.

Catheter Migration

This happens when a flexible tube implanted into the blood vessels or bodily cavity shifts from its initial location. Lawsuits suggest the relocation of the port could cause a variety of adverse effects, such as:

  • Obstructing blood flow.
  • Organ damage.
  • Infections.
  • Catheter failure.

Catheter Infection

Lawsuits suggest that Bard PowerPorts caused infections after the operation, even though all port catheter implants carry some risk of infection. This is due to the architecture of the Bard port catheter, which may enable bacteria to thrive around damaged or fractured areas.

Bard PowerPort infection has caused significant delays in vital therapies for underlying conditions, such as cancer, creating major issues for patients currently pursuing claims.

Some of the common symptoms include the following:

  • Chills and fever.
  • Swelling and inflammation.
  • Pus or drainage.
  • Changes in the color or smell of the urine.
  • Confusion.

These issues can result in serious injuries and, in extreme cases, death.

Is the Bard PowerPort's Manufacturer Aware of the Issues?

The Bard PowerPort device manufacturer began marketing their product under unique FDA guidelines termed the 501(k) clause. This provision enables the manufacturer to commercialize their medical equipment without having to comply with stringent FDA pre-market regulations. However, they will need to show that the device is equally as safe and effective as other medical equipment already on the market.

A Kaiser Health News investigative article from 2019 revealed how manufacturers might have hidden injuries sustained by patients and product defects from the public. Due to FDA exemptions, the manufacturer was able to submit reports of complications and malfunctions in the database that was kept confidential from physicians and the general public.

Despite mounting evidence of product complications, physicians and patients weren't able to make informed decisions regarding the dangers of proceeding with a Bard PowerPort device without enough details or warning.

Recall Issued on Bard PowerPorts

There has been no recall of Bard PowerPort due to the alleged catheter issues. The FDA published a Class 2 recall warning for multiple Bard PowerPort models in March 2020. The recall advised all medical facilities to return any impacted PowerPort units.

In September 2019, the Health Sciences Authority sent out a notice on an urgent medical equipment recall. Becton Dickinson and Bard addressed the recall notice in a letter, citing an improper barb tip for the supplied catheter in the port. The letter stated that there was a possibility that the catheter tube could get dislodged from its tunneler.

In the same letter, Becton Dickinson maintained that the mistake was not likely to result in serious injury. The recall does not address the problems with the actual ChronoFlex catheter tubes. According to the lawsuits, the excessive concentration of barium sulfate in the polyurethane polymer is to blame for the degradation of device integrity.

Is There a Mass Tort Lawsuit Against the Bard PowerPort Device Manufacturer?

There is currently no class action case for people who were injured or died as a result of getting the Bard PowerPort catheter. These allegations are being brought against the device manufacturer as distinct product liability cases.

Because each victim's concerns are distinct, a single-class legal representative cannot defend the claims. As a result, each affected party will engage a Bard PowerPort attorney to look into their complaint and then file a case on their behalf, proving that the Bard PowerPort device caused their issues.

Patients who got the PowerPort catheter but haven't yet been affected are likely to file Bard PowerPort class action lawsuits. Damages sought in a class action on the Bard PowerPort could include getting reimbursed for the expenses of PowerPort catheter treatments, medical monitoring, or refunds.

How to File a Bard PowerPort Lawsuit

The procedure for initiating a Bard PowerPort case can be challenging. It is important to partner with an attorney who has handled cases similar to yours. The steps involved are as follows:

  1. Consult With an Attorney

An experienced attorney can assist you in evaluating your situation and determining whether you're qualified to initiate a claim. Your attorney can also assist you in understanding the timeline and legal procedures.

  1. Gather Evidence

You'll have to gather enough facts and evidence to back up your argument. This usually features medical records, pictures, witness testimony, and medical expenses.

  1. Filing a Legal Action With the Assistance of Your Attorney

After gathering proof, you need to file a claim against Bard Access Systems, Inc. and its parent firm, Becton Dickinson and Company.

  1. The Discovery Process

Pretrial discovery will take place between the parties after the submission of the complaint. This could involve requesting medical bills, medical records, and evidence of payment in addition to exchanging documents.

  1. Trial

If both parties fail to reach an agreement, the case will be tried in court. The jury will determine whether Bard is liable for the harm you suffered and any pain you might have suffered afterward, as well as any lost wages and loss of consortium, to name a few. If the court holds Bard guilty of the allegations, they will calculate the amount of compensation you're entitled to.

  1. Make an Appeal

If you're not happy with the verdict of the court trial, you and your attorney can file an appeal.

Average Payout Or Settlement Amount In Bard Powerport Lawsuits

There haven't been any settlements made public, and no jury has heard any specific cases. For this reason, it is impossible to tell the average settlement or payout for a Bard PowerPort case at the moment. However, if more cases are brought to trial and single jury verdicts are overturned, the average payout could be determined.

In court documents, the manufacturer has admitted to having "resolved" a few individual lawsuits related to the Bard PowerPorts. It is implied that compensation was obtained in these cases, on average, in approximately 18 months. Furthermore, it is noteworthy that not less than eight of the cases were settled without even one deposition being considered. However, the specific details regarding the typical settlement amounts for Bard PowerPort haven’t been disclosed to the public.

It appears that the manufacturer does not have any plans to establish a global settlement fund, despite the increasing number of people coming forward to file Bard PowerPort lawsuits. Attorneys are preparing for protracted legal battles to demonstrate the extent of injuries related to the ports and negotiate the settlements.

How to Calculate Bard PowerPort Lawsuit Settlements

The specific circumstances and facts of each case will determine the terms of any future settlement talks involving Bard PowerPort cases. Each victim gets the option of accepting any settlement proposal in their case. When assessing Bard PowerPort settlements, several factors are taken into account. These factors include the likelihood of a successful claim in a court trial as well as the potential settlement amount for the damages that the court might award.

The common considerations in settling Bard PowerPort lawsuits include:

  • The severity of harm or injury—this can include the degree of suffering and pain, the extent of the injury, how long the suffering lasts, and any lasting disfigurement and impairment brought on by the port.
  • Medical costs—this includes the projected costs of past, present, and future medical care resulting from the injury.
  • Lost earnings—this relates to the sum of money lost as a result of being unable to work due to a PowerPort injury, either permanently or temporarily.
  • Punitive damage—this includes financial damages intended to penalize manufacturers for highly unacceptable conduct and discourage future occurrences of the same behavior. It is still unknown if Bard PowerPort litigation will result in the award of punitive damages.

Contact a Mass Tort Attorney Near Me

While multi-district litigation can expedite the process of obtaining compensation, it cannot guarantee that you will receive the amount of money you expect. The settlement for each victim is determined based on the strength of their case. To build a strong case, it is necessary to consult a seasoned product liability attorney.

At Consumer Alert Now, we have a successful track record of suing large corporations on behalf of victims who have been injured by faulty medical devices across the country. Our attorneys will discuss your rights and explore the options available for holding the responsible party accountable. Call us today at 800-511-0747 to speak with one of our attorneys.