Approximately 80 lawsuits have been filed in the Bard PowerPort MDL #3081, pending before Judge David G. Campbell of the U.S. District Court for the District of Arizona. Additionally, some Arizona state court cases and about 60 Totally Implantable Venous Access Device lawsuits filed in New Jersey are pending. While this sounds small, some estimate that hundreds of thousands of potential defective medical device lawsuits could arise from this soon. If you or your loved one was injured or died and you suspect it was due to the use of a defective Totally Implantable Venous Access Device such as a Bard PowerPort, you should speak to a Bard PowerPort litigation lawyer about your rights. Call Simmons and Fletcher, P.C., at 800-298-0111 to learn more today.
What Are Totally Implantable Venous Access Devices?
Totally Implantable Venous Access Devices (TIVAD) are central venous catheters. Central venous catheters have been in use since about 1981. They are used for a variety of treatments where the medication delivery needs to be close to the heart or a particular target, such as with cancer patients, such as chemotherapy, intravenous infusions, nutrients and medication delivery, and contrast delivery for diagnostic scans. Now, it has grown to a 10-billion-dollar market with 400,000 catheters implanted annually. Between 2004 and 2021, there were over 14,000 issues and incidents reported related to TIVAD use.
Which Totally Implantable Venous Access Devices Are Included in the Litigation?
Bard is the primary manufacturer of the Totally Implantable Venous Access Devices that form the basis of the mass tort litigation. Many Bard access ports are included in the litigation with names such as BardPort, Bard MRI Port, Bard PowerPort, Bard SlimPort, ClearVue, Titanium Low Profile, Vaccess CT, and X-Port ISP. Also included in separate but similar litigation are the Angiodynamics catheters, including their products: BioFlo, SmartPort, Vaxcel, Vortex, Xcela, and others. Determining whether the product used in your case is very important to determining your rights. Talk to a Bard PowerPort litigation attorney to learn more.
What Bard PowerPort Defects Are Alleged?
There are several types of defects that have been asserted by the plaintiffs to the Bard PowerPort, including:
- Catheter tube fracture
- Catheter migration after dislodging from the port (mainly in AngioDynamics ports)
- Erosion (to the body) at the site of the port by Bard models with palpation bumps
- Thrombosis
- Blood infection due to breakdown
- Injury caused by the underlying medical condition due to the inability to treat it while the defective catheter is being addressed, such as cancer progression.
*We are evaluating cases involving catheter fracture, thrombosis, or blood infections that are a direct result of catheter breakdown.
Injuries From Defective Bard PowerPorts
Many injuries flowing from the above defective issues have been alleged by the plaintiffs in the Bard PowerPort MDL, including:
- Blood clots
- Thrombosis
- Blood infections
- Hematoma
- Hemorrhage
- Lacerated or perforated blood vessels (from dislodged parts)
- Necrosis
- Pulmonary embolism
- Sepsis
- Underlying condition advancement.
If you were injured by the use of a Totally Implantable Venous Access Device (TIVAD), you may have legal rights. A lawyer handling Bard PowertPort lawsuits can help you obtain the medical records and evaluate whether your injury and TIVAD qualify for the MDL or an individual state lawsuit.
Catheter Fracture and Breakdown
When the catheter breaks down, pieces can become dislodged and flow down the vein into unwanted areas of the body. Surgery is typically required to retrieve the dislodged pieces. Studies have suggested that the breakdown is due to the barium sulfate additive added to the surface of the catheter so that it shows up on imaging studies. It has been suggested that these particles dislodge from the surface, allowing it to degrade, and this permits a fracture to begin. The cracks resulting from this process can allow infection and or allow pieces to dislodge. Thus, this is an alleged manufacturing design in the Bard PowerPort litigation.
Other companies use different processes than Bard to infuse the barium sulfate or to prevent its exposure to the blood where the breakdown is believed to occur. The MDL plaintiffs assert that other safer designs are available, such as coextrusion (embedding the barium sulfate into the body of the catheter) or using alternative protective coatings.
Thrombosis
Thrombosis occurs when a blood clot forms within a vein or chamber of the heart. This can lead to serious conditions such as heart attack or stroke. For over 30 years, studies have suggested that the roughness of catheters contributes to thrombosis. However, little has been done to determine how to quantify and evaluate this problem. The combination of knowledge of the issue and failure to act is the basis of some of the plaintiff’s design defects and failure to warn claims.
Blood Infections Due to Catheter Breakdown
The blood infections caused by the catheter defect are more than just a typical bacterial infection. They are often diagnosed as catheter-related or central line-associated bloodstream infections. These infections can be life-threatening for cancer patients and others with reduced or compromised immune systems.
The Bard PowerPort MDL Bellwether Trials
48 cases were submitted as potential Bellwether cases on April 1, 2024. The pool is to be narrowed down to 15 cases by December 17, 2024. By March 3, 2025, the cases are to be narrowed down to 6 between the parties, and trials will begin. If the six cases are tried and no settlement is reached shortly thereafter, the Judge has indicated that he plans to start remanding the remaining cases to state court for trials.
Successor Liability for Bard
After extensive discovery into successor liability, the primary successor defendant, Becton Dickinson, has entered into a stipulation that if judgments are taken against the primary Bard defendants, successor liability exists. Becton Dickinson acquired CR Bard.
Talk to a Bard PowerPort Litigation Lawyer
If you were injured during the use of a Bard PowerPort or Angio Dynamics TIVAD, talk to a mass torts lawyer about your rights today. Statute of limitations in product liability cases must be determined on a case-by-case basis and may prevent your ability to file a claim in some states if you wait too long. Thus, seeking a free consultation with a personal injury attorney as soon as possible is wise to determine what actions must be taken to protect your claim and aggressively pursue your right to compensation. Call Simmons and Fletcher, P.C., to be connected with an attorney handling Bard PowerPort and Angio Dynamics claims today at 800-298-0111.
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