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If you or a loved one suffered injury or negative health effects due to the failure of the Bard PowerPort, you may be eligible for significant compensation.
Taylor King Law is accepting new cases from individuals who used a Bard PowerPort implant and suffered health issues as a result. The Bard PowerPort catheter device has inherent design and manufacturing flaws which make the port susceptible to breakage and migration. Bard PowerPort Lawsuits claim that patients implanted with the Bard PowerPort were at a higher risk of complications or injury due to the catheter’s failure.
If you or a loved one suffered injury or negative health effects due to the failure of the Bard PowerPort, you may be eligible for significant compensation.
Product liability lawsuits against Bard are being filed. Contact the personal injury attorneys at Taylor King Law to have your case evaluated. We’ll listen, answer your questions, and ensure you receive the justice you deserve.
What to Know About the Bard PowerPort Lawsuit
What is the BardPort and why are lawsuits being filed against Bard? The lawsuits against Bard claim the catheter device is prone to failure due to poor manufacturing and design. Furthermore, Bard was negligent in their failure to inform doctors and patients of the known risks associated.
What Is the Bard PowerPort?
The Bard PowerPort (aka BardPort) is a port catheter implanted just beneath the skin used to deliver medications, fluids, and blood transfusions intravenously. The BardPort is often used by cancer patients receiving chemotherapy and other cancer treatments, patients with chronic kidney disease, or patients requiring regular blood transfusions.
The PowerPort is comprised of two main parts: the injection port and the catheter tube. The injection port is implanted under the skin and allows a needle to pass through the skin and through the septum, allowing medication directly into the reservoir. The injection port includes the septum and palpation bumps. The catheter is a flexible tube that connects the injection port to a nearby vein.
Why Are Lawsuits Being Filed Against Bard?
The Bard PowerPort has an inherent design and manufacturing flaw making it less durable than it should be. Lawsuits allege the implant has caused health problems and potentially life-threatening complications for patients.
Numerous health complications related to the PowerPort have resulted in astounding amounts of damage for patients. To recover damages, a lawsuit may be an individual’s best and only recompense.
In addition, lawsuits hold manufacturers accountable for their negligence. We believe that large corporations should be held responsible for harming consumers.
Bard PowerPort Lawyers
We’ve been representing our friends and neighbors in Arkansas for nearly 30 years – we’d be honored to represent you. Taylor King Law has the experience to take on a Multidistrict Ligitation class action.
No firm in Arkansas is more committed to being on your side during what’s been a difficult time. You deserve legal representation you can trust. We’ll be by your side every step of the way.
Am I Eligible to File a Bard PowerPort Lawsuit?
If you’ve had a Bard PowerPort implanted and have suffered complications, we recommend contacting an injury attorney. If you meet the following criteria, you may be eligible to file a Bard PowerPort lawsuit:
- You were implanted with a Bard PowerPort Device or Bard Port/Catch Device
- Your Bard PowerPort fractured, degraded, migrated, or malfunctioned in any way.
- You suffered injury due to the failure of your PowerPort.
Unsure if you’re eligible? Speak with an experienced injury lawyer to find out if you’re qualified for compensation. Talk with an attorney you can trust.
You can call Taylor King at 870.246.0505 or fill out the form and one of our team members will contact you. We’ll talk you through the entire process of filing a Bard PowerPort Lawsuit so that you have all the information you need, and answer any questions you might have.
What’s Wrong with the Bard PowerPort?
The PowerPort catheter tube has been shown to fracture, break, and degrade. The catheter tube is comprised of a polyurethane material known as Chronoflex AL. A likely cause of the degradation in the Chronoflex AL is a high concentration of high barium sulfate.
Research shows that the high barium sulfate concentration causes the polyurethane to break down after being implanted into someone’s body, resulting in fractures, deterioration, cracks, and fissures in the tubing. This degradation of the tubing can lead to serious health complications.
Complications & Injuries Due to the Bard PowerPort
The degradation of the PowerPort’s catheter tube may result in one of three problems:
- Fracture of the Catheter Tube
- Migration of the Catheter Tube
- Infection
Fracture of the Catheter Tube
The most widespread risk with the Bard PowerPort is a fracturing of the catheter tube. As the tubing degrades, pieces of the polyurethane tube break away entering the vascular system. When the catheter tube fractures and pieces enter someone’s vascular system, it leads to serious health complications such as:
- Thrombosis: a life-threatening blood clot in the veins
- Pulmonary Embolism: a blood clot that travels to the lungs
- Hematomas: severe bruising caused by blood pooling underneath the skin
- Perforations/Lacerations: tearing of internal organs, tissues, and vessels
- Heart Attack Symptoms: including, but not limited to chest pain, dizzy spells, and difficulty breathing
- Cardiac Issues: these can include tamponades, perforations, and arrhythmia.
- Cardiac Tamponade: fluid build-up around the heart
- Cardiac Perforations/Punctures: tearing of the heart
- Cardiac Arrhythmia: irregular heartbeat
Further, patients whose tubing fractures are forced to deal with severe and persistent pain; and will most likely require surgery to remove the fractured tubing.
Migration of the Catheter Tube
Catheter migration refers to when the flexible tubing moves from its original location. This problem can be a singular occurrence or in combination with the catheter tube fracturing. Though less common than fracturing, migration is still a serious complication that requires immediate medical attention. Symptoms associated with migration can include:
- Chest Pain
- Neck & Should Pain
- Ear Discomfort
- Cardiac Issues, such as Heart Palpitations
Patients who experience catheter migration may be asymptomatic. If you currently have a Bard PowerPort catheter and are experiencing no symptoms, it’s still critical that you contact a medical professional immediately.
Infection
Infections are a dangerous complication of degradation. When the catheter tube degrades it creates a conducive environment for bacterial growth. The bacteria grow in the broken parts of the tubing, resulting in infection.
Common symptoms of an infection include:
- Inflammation, discoloration, or pain near the catheter
- Drainage around the catheter
- Numbness
- Fever
- Chills
More dangerously, infections can lead to bloodstream infections or necrosis (death of tissue). Sepsis is another life-threatening concern. If not treated, sepsis can quickly result in tissue damage or organ failure.
Allegations Against Bard’s PowerPort
Product liability lawsuits are being filed against the manufacturer of the Bard PowerPort, Bard Access Systems, Inc., and its parent organization, Becton Dickinson. Lawsuits are being filed on behalf of patients who were implanted with the Bard PowerPort and sustained injuries due to the malfunctioning product.
Negligent Design & Manufacturing
Lawsuits against Bard Access Systems allege that the manufacturer was negligent in its design of the Bard PowerPort. The failure of the Bard PowerPort was due to the design and manufacturing of the catheter device.
Internally, BAC was aware of the fracturing issues with the catheter and knew of serious injuries stemming from the product’s defects, but refused to adjust the product.
Did Bard Know About the PowerPort’s Defects
According to the lawsuit, Bard was aware of thousands of reports that detailed injuries caused by the PowerPort’s defects.
Despite hundreds of complaints made against the Bard PowerPort with The U.S. Food and Drug Administration, the company continued to market the PowerPort as safe and effective. Bard and its ownership Becton Dickinson refused to recall the product, adjust the product, or add warning labels to the product.
Bard could have used a different polymer but chose not to. They could have removed the barium sulfate from the catheter tubing but chose not to. Bard could have encapsulated the tubing in a different material but they chose not to. They could have warned the public about the adverse effects but chose not to.
Who Is Liable for Injuries?
Lawsuits against Bard and Becton Dickinson claim that once aware of the malfunction, Bard failed to adequately warn healthcare professionals or consumers. Bard continued to aggressively market that the product was safe while knowing the catheter was prone to fracturing.
Once reports of the PowerPort’s failures began to surface, the company suggested that the device would only malfunction if a health physician incorrectly placed the device. Attempting to blame the doctor outwardly, internal reports claim Bard was aware of the product’s design flaws.
Will you be suing the doctor who implanted the device? No, doctors were unaware of the issue until it was too late. If you experienced health complications after being implanted with the Bard PowerPort device, you will be filing a lawsuit against Bard Access Systems, Inc. and its parent company, Becton Dickinson.
How to File a Bard PowerPort Lawsuit
In June of 2023, a motion was filed to consolidate several product liability lawsuits against Bard into an MDL class action. An MDL, Multidistrict Litigation, combines related cases into a single court to be seen before one judge.
The Judicial Panel on Multidistrict Litigation (JPML) approved MDL consolidation for all Bard PowerPort lawsuits in August of 2023.
MDL Class Action Against Bard PowerPort
In a Multidistrict Litigation class action, case discoveries and pretrial proceedings are shared but each case remains separate. The advantage of an MDL is a more streamlined process and a consistent ruling. Litigation costs are lower for plaintiffs in an MDL, and you can expect a fairer outcome.
The Bard PowerPort MDL class action lawsuit has been assigned to Judge David Campbell in the U.S. District Court of Arizona.
Judge Campbell previously presided over another MDL involving Bard IVC filters that broke down due to defects. During a series of bellwether trials, a 3.6 million dollar verdict was awarded, leading to multiple individual settlements.
Bellwether trials are expected to proceed. During the bellwether process, a few selected cases go to trial to determine a likely outcome for additional cases. Bellwether trials can provide insight as to how remaining cases should be handled, providing both sides with a better understanding of the strengths and weaknesses in their cases.
Do I Need a Lawyer to File a Bard PowerPort Lawsuit?
While a class action of this nature shares similarities with a personal injury lawsuit, the process of filing a Bard PowerPort lawsuit is uniquely different than the average individual personal injury claim. We recommend contacting an attorney if you’re looking to be reimbursed for damages, medical bills, and the pain inflicted by your experience.
Moreover, speak with an attorney with class action experience. You’ll need a law firm with the capabilities to take on corporations and the understanding to handle the class action process.
When interviewing an attorney, ask questions about the legal process. Find out what will happen from the time you gain legal representation until the time your case is settled. How will they approach negotiations? What steps will their law firm take to gather evidence and calculate damages? Knowledge and experience are key details in selecting the right attorney for you.
Most importantly, be sure you’re working with a law firm you can trust.
We tell every potential client who calls our office that we’ll do everything in our power to help them, whether they choose to hire our firm or not. Call Taylor King today and we’ll answer your questions, and help you find the right representation for your BardPort lawsuit.
Choose a Lawyer to Be On Your Side – By Your Side
Nationally recognized and locally awarded, Taylor King has the experience and the resources to go to work for you.
If you have questions, we’re more than ready to listen. Our personal injury team will help you seek justice. We’re ready to hold large corporations, like Bard, accountable. Our attorneys will discuss the necessary steps and ensure your questions are answered.
Initial consultation with an attorney is both FREE and CONFIDENTIAL.
We work on a contingency basis, we only get paid once we win your case. Contact us at any of our seven locations across Arkansas, and into Texas, today to learn more.
How Much Does it Cost to Hire an Attorney for the Bard Lawsuit?
An initial consultation with Taylor King is free. We won’t charge you to discuss your claim or answer your questions. If you choose to hire our law firm, we work on a contingency basis. That means you won’t owe us anything until we win your case.
Once your case is settled, our law firm will take an attorney’s fee that will be discussed prior to your hiring Taylor King. If for any reason we don’t win your case, then you won’t owe us anything.
Has the Bard PowerPort Been Recalled?
There are no active recalls for Bard PowerPort implants at this time. The recall status of the BardPort may impact your case.
Several Bard PowerPorts were temporarily recalled between October 2019 and March 2020. The recall cited several issues including bloodstream infections and device displacement, but was unrelated to the ChronoFlex catheter tubing.
Would a Bard PowerPort Recall Impact My Lawsuit?
In the case of a recall, a manufacturer will admit their product is defective or harmful. In some instances, a recall indicates that a corporation was aware of the defect but failed to properly warn consumers. However, a recall of the Bard PowerPort is no guarantee of success for the plaintiff. Each case is different, and it’s the responsibility of the plaintiff’s product liability attorney to establish liability, gather evidence, and seek damages to their fullest extent.
If the Bard PowerPort is recalled, and you’ve been implanted in the past with a BardPort, contact an established product liability law firm to help you explore your options for recovery.