Bard PowerPort Lawsuits: 2023 Update and Eligibility Information

The Bard PowerPort is a medical device designed to provide long-term access for medication delivery. However, these devices are far from perfect. They recently have been associated with a range of complications and injuries due to design flaws. These flaws have led to serious health issues such as catheter fracture, migration, and infection.

Because of these negative outcomes, product liability lawsuits are now being filed against Bard Access Systems, the manufacturer of these devices.

If you or someone you love has suffered an injury as a result of Bard PowerPoint medical devices, the Law Offices of Niemeyer, Grebel and Kruse can help. We are now evaluating claims from those injured by defective Bard PowerPort implants, and you may be entitled to compensation.

Contact us today at 314-241-1919 for a free consultation and review of your case.

Understanding Bard PowerPort devices

Bard PowerPort devices are implantable ports designed to provide long-term access for the delivery of medically necessary fluids. Although they serve a vital purpose, these devices have been linked to a variety of complications and injuries, leading to numerous lawsuits against the manufacturer.

Function and purpose of Bard PowerPorts

Bard PowerPort devices are integral to healthcare, offering a long-lasting access point for the provision of:

• Medication
• Intravenous fluids
• Parenteral nutrition solutions
• Blood products

These implantable ports are designed to facilitate medical professionals in providing regular intravenous therapy or injections of medicine to patients.

The design of the Bard PowerPort device (also referred to as the “BardPort”) consists of an injection port and a polyurethane catheter tube that transports the drug into the blood vessel. To access the bloodstream, medical professionals must utilize the PowerLoc needle, ensuring a secure and efficient connection to the PowerPort.

Bard PowerPort design and materials

Bard PowerPort catheter tubes are composed of Chronoflex material, which has been reported to be susceptible to fissuring, cracking, and fracturing in the presence of high concentrations of barium sulfate. This material, known as Chronoflex AL, is a polyurethane material used in the catheter part of the Bard PowerPort device.

The high barium sulfate concentration in the polyurethane polymer may be the potential cause of integrity degradation in the ChronoFlex catheter tubing of Bard PowerPort. As a result, Bard PowerPort catheter tubes, constructed from Chronoflex material, may pose serious health risks due to fissuring, cracking, and fracturing in cases of high barium sulfate concentrations.

What complications and injuries have been linked to Bard PowerPort?

Bard PowerPort devices, including bard powerport catheters, have been linked to a variety of complications and injuries, such as catheter fracture, migration, and infection.

Below, we’ll delve deeper into these risks, scrutinizing the potential consequences and the allegations emerging from Bard PowerPort lawsuits.

Catheter fracture risks

Catheter fracture risks involve the plastic tubing breaking away into a patient’s vascular system, causing serious health complications. When the plastic tubing of a catheter breaks away and enters the patient’s vascular system, it can lead to serious health complications, such as deep vein thrombosis and pulmonary embolism.

In fact, the most widespread failure or complication encountered with Bard PowerPorts is the fracture of the port. With the potential for severe and persistent pain, as well as an increased risk of blood clots, catheter fracture is a significant concern for patients with implanted Bard PowerPort devices.

Catheter migration and its consequences

Migration of Bard catheters can cause various side effects and complications, as mentioned in lawsuits. Bard catheter migration occurs when a flexible tube, which has been inserted into a body cavity or blood vessel, moves away from its original location. This displacement can be dangerous if not immediately addressed. This displacement may result in complete dislocation from the PowerPort and migration to other organs within the body’s circulatory system.

It is possible that catheter migration could be attributed to manufacturing errors of the implanted PowerPort device, thus holding the manufacturer liable. Patients who have experienced such complications may be eligible to file a lawsuit against Bard Access Systems.

Infection concerns

Infections can arise if a Bard PowerPort device allows bacteria to develop around degraded or broken areas. This can occur due to design flaws in Bard PowerPort devices, which have been alleged to create an environment conducive to bacterial growth, resulting in infections.

These infections can lead to serious health complications, such as sepsis, a life-threatening condition caused by the body’s response to an infection. If not treated promptly, sepsis can rapidly lead to tissue damage, organ failure, and death.

In some cases, the infections caused by Bard PowerPort devices may require hospitalization and long-term antibiotic treatment, further complicating a patient’s medical condition and adding to their suffering and financial burden.

Legal actions against Bard Access Systems

Legal actions have been taken against Bard Access Systems, the manufacturer of Bard PowerPort devices, in response to the complications and injuries associated with these devices. For those interested in the ongoing legal proceedings, it’s essential to stay informed on the bard powerport lawsuit updates.

We will examine the allegations raised in Bard PowerPort lawsuits and the process of multidistrict litigation, a method aimed at consolidating similar lawsuits into one court.

Allegations in Bard PowerPort lawsuits

Bard PowerPort lawsuits allege inadequate risk disclosure, faulty design, and insufficient post-marketing surveillance. Plaintiffs claim that Becton, Dickinson and Company (the parent company of BAS) withheld thousands of reports detailing injuries caused by Bard PowerPort device failures, failed to adequately communicate the device’s safety, and neglected to alert healthcare providers and issue a timely recall.

Patients who have experienced complications and injuries from Bard PowerPort devices may be eligible to file a lawsuit against the manufacturer.

Multidistrict litigation and bellwether process

Bard PowerPort lawsuits are currently being consolidated into a multidistrict litigation (MDL) in Arizona, with a bellwether process to be established. The multidistrict litigation process is a legal procedure used to consolidate related lawsuits into a single court, expediting the process of complex litigations involving numerous cases that generally allege similar injuries and claims.

The bellwether process entails:

• Selecting a limited number of representative claims for case-specific discovery and early trial dates
• Helping both parties in the litigation to better understand the strengths and weaknesses of their cases
• Potentially leading to more informed settlement discussions and a more efficient resolution of the litigation.

Bard PowerPort recall status

Bard PowerPort devices have been the subject of past recalls and safety concerns. In this section, we’ll break down the current recall status of these devices.

Past recalls and safety concerns

Past recalls have been issued for separate issues with Bard PowerPort devices, but no recall has been issued specifically for catheter risk. Previous recalls, such as the September 2019 recall, addressed issues unrelated to the ChronoFlex catheter tubing, which has been linked to potential risks and complications.

Though there have been past recalls for Bard PowerPort devices, there is currently no active recall concerning catheter risks. It is important to be aware of the recall status and safety concerns related to these devices, as they can directly impact patients’ health and potential legal claims.

Future recall possibilities

More safety concerns or manufacturer’s liability for inadequate surveillance and failure to warn may trigger future recalls for Bard PowerPort devices. At present, there are no active recalls for Bard PowerPorts, but this may change as new information and legal actions come to light.

Potential future recalls may be necessitated by the emergence of further safety issues or if the manufacturer is found to be accountable for inadequate monitoring and lack of warning. It is crucial for patients who have received Bard PowerPort devices to stay informed about recall status and potential future recalls in order to protect their health and legal rights.

How a recall can impact a product liability lawsuit

A product recall can significantly impact a product liability lawsuit, often strengthening the plaintiff’s case. A recall is essentially an admission by the manufacturer that a product is defective or potentially harmful. This admission can be used as evidence in a lawsuit to demonstrate that the product was indeed faulty.

When a company issues a recall, it is acknowledging that there is a problem with its product that could cause harm to consumers. This admission can serve as potent evidence in a product liability lawsuit, as it can be used to establish that the product was defective.

Moreover, a recall may also indicate that the manufacturer was aware of the defect but did not take adequate steps to warn consumers or rectify the issue in a timely manner. This can potentially lead to punitive damages, which are designed to punish the defendant and deter similar conduct in the future.

However, it’s important to note that a recall does not automatically guarantee success in a product liability lawsuit. The plaintiff still needs to prove that the defective product caused their specific injury. Therefore, even if a product has been recalled, it’s crucial to gather strong evidence linking the product’s defect to the injury sustained.

In the context of Bard PowerPort devices, if a recall were to be issued, it could potentially strengthen the case of plaintiffs filing a lawsuit against Bard Access Systems. However, the specific circumstances of each case would still need to be considered.

Am I eligible to file a Bard PowerPort lawsuit?

Determining eligibility for filing a Bard PowerPort lawsuit is an important step for those who have experienced complications and injuries related to these devices. We will outline the eligibility criteria and the necessary evidence and documentation required to substantiate a claim.

Criteria for eligibility

To be eligible for filing a Bard PowerPort lawsuit, an individual must have received certain Bard PowerPort devices and have experienced complications as a direct result.

It is recommended that individuals who believe they have sustained an injury from an implantable port device manufactured by Bard consult with a Bard PowerPort injury lawyer immediately. Prompt consultation can help ensure that potential claimants are within the statute of limitations and able to pursue legal action.

How to gather evidence

If you or someone you love was injured by a Bard device, it’s crucial to gather evidence and documentation to support your Bard PowerPort lawsuit claim. To file a Bard PowerPort lawsuit, the required evidence and documentation may include:

• Medical records
• Test results
• Communication records
• Documentation of complications
• Witness testimony

Acquiring this evidence and documentation not only strengthens a claim, but also aids in the calculation of damages and potential settlement negotiations. A thorough and well-documented claim increases the likelihood of a successful outcome in a Bard PowerPort lawsuit.

Choosing legal Representation

When interviewing representation for your Bard PowerPort lawsuit, it’s important to pay attention to a few key details, such as experience and success rates in cases like these.

When consulting with a Bard PowerPort lawsuit lawyer, it is important to understand the entire litigation process. Find out what strategies the lawyer can use to help you file a complaint in court. Additionally, ask how they will approach negotiating your settlement. Inquire about their court strategies. How will they advocate for you in the courtroom if your case goes to trial?

Bard PowerPort injury lawyers can assist with various aspects of the litigation, including:

• Mitigation
• Securing legal representation
• Collecting evidence
• Calculating damages

By choosing a knowledgeable and experienced legal representative, you can increase your chances of receiving a favorable settlement or payout in your Bard PowerPort lawsuit.

Potential settlements and payouts for Bard PowerPort lawsuits

The range of potential settlements and payouts for Bard PowerPort lawsuits can be wide, influenced by factors like the potential success of the claim in a trial and the scale of damages a jury may grant. While no typical Bard PowerPort settlement amount or payout for Bard PowerPort lawsuits has been made public, it is important to be aware of the potential financial compensation available for those who have experienced complications and injuries related to these devices.

At this time, no settlements have been finalized for Bard PowerPort lawsuits. However, past legal actions against Bard have resulted in significant awards, such as the case of Sherr-Una Booker, who was granted an award of over $3.5 million in her lawsuit.

As Bard PowerPort lawsuits continue to unfold, it is crucial for patients who have suffered complications and injuries to stay informed about potential settlements and payouts. By understanding the factors that influence settlement calculations and seeking experienced legal representation, patients can maximize their chances of receiving fair compensation for their injuries.

Get legal help today

The mounting allegations of design defects, inadequate risk disclosure, and insufficient post-marketing surveillance have created a compelling case against Bard. A successful lawsuit could result in significant compensation for damages, including medical expenses, lost wages, pain and suffering, and potentially even punitive damages.

If you or a loved one has suffered complications or injuries related to Bard PowerPort devices, don’t hesitate. Reach out to a legal professional today to discuss your options and start the process of seeking the justice and compensation you deserve.

The team at Niemeyer, Grebel and Kruse are specialists in product liability cases. The firm boasts a team of accomplished attorneys, with Mark Niemeyer and David Grebel being recognized by Best Lawyers and Super Lawyers Magazine for their outstanding work in the field of personal injury.

If you’ve experienced complications and injuries related to Bard PowerPort devices, you may be entitled to compensation. NGK Law is committed to safeguarding your well-being and ensuring justice is served. Contact us today for a free review of your case – 314-241-1919.