The Bard PowerPort system is an implantable port device designed to be inserted beneath the skin, connecting to a catheter to deliver medications and fluids to the bloodstream. However, it has come under scrutiny due to a series of complications reported by patients. Allegations include injuries from catheter fractures and infections arising from device breakdown which can introduce harmful bacteria and other pathogens into the body.
At Shapiro Legal Group, PLLC, we understand the gravity of these complications and the distress they cause. If you or a loved one has experienced adverse effects from the Bard PowerPort, our attorneys can advocate for your rights and hold the manufacturer accountable for the harm that you suffered. Schedule a free consultation today to learn how we can support your case.
Bard PowerPort Injury Resources
To immediately access the resources at any point on this page, click the corresponding links below.
Why Are Bard PowerPort Lawsuits Being Filed?
Bard Devices Named in Lawsuits
Potential Injuries Caused by Bard PowerPort Products
Who May Qualify to File a Bard PowerPort Lawsuit?
When Is the Right Time to Contact an Attorney?
Choosing the Right Lawyer
Estimated Value for Bard PowerPort Settlements
Liability for PowerPort Catheter Defects
Is There a Class-Action Bard PowerPort Lawsuit?
Cost of a Bard PowerPort Attorney
Speak to a Lawyer Today
Why Are Bard PowerPort Lawsuits Being Filed?
Medical devices play a crucial role in improving patient outcomes, but when these devices malfunction or lead to health complications, they can become subjects of legal scrutiny. Bard PowerPort, an implantable port device system, has come under such scrutiny recently.
The primary contention surrounding Bard PowerPort lawsuits is the device’s potential to break down or migrate after it is implanted. While all medical devices carry some degree of risk, there are allegations that the Bard PowerPort has design flaws that might heighten the possibility of the device fracturing.
Patients have reported various complications such as internal damage caused by catheter pieces traveling within the body, catheter failure due to movement or dislodgement, and infections from cracks in the device, allowing bacteria entry.
Which Bard Devices Have Been Named in Lawsuits?
There have been multiple adverse event reports (AERs) suggesting that Bard may not have provided sufficient warnings to patients regarding potential risks associated with their PowerPort devices. Now, patients who are injured or develop serious medical conditions as a result of a Bard PowerPort are filing lawsuits to hold the manufacturer accountable.
Many of Bard’s PowerPort devices have been named in these lawsuits, including the following:
- PowerPort™ ClearVUE™ Implantable Port
- PowerPort™ ClearVUE™ ISP Implantable Port
- PowerPort™ ClearVUE™ Slim Implantable Port
- PowerPort™ isp M.R.I.™ Implantable Port
- PowerPort™ M.R.I.™ Implantable Port
While these products have been linked to serious complications, it’s essential to note that the U.S. Food and Drug Administration (FDA) still approves Bard PowerPort devices. If you believe that you have experienced harm as a result of these devices, it is important to speak with an attorney as soon as possible about your legal options.
Potential Injuries Caused by Bard PowerPort Products
When implantable ports malfunction, the consequences can be severe. Some of the potential injuries linked to Bard PowerPort devices include:
- Blood infections
- Cardiac punctures
- Hematomas and hemorrhage
- Sepsis and other infections
- Lacerated blood vessels
- Necrosis or tissue death
- Organ or tissue perforation
- Pericardial tamponade
- Pulmonary embolism
- Thromboembolism
If you develop any unusual symptoms after having a Bard PowerPort device implanted, seek medical attention immediately. Seeking treatment could help prevent potentially dangerous complications. Then, seek legal counsel to discuss your next steps and options for financial compensation.
Who May Qualify to File a Bard PowerPort Lawsuit?
Bard PowerPort lawsuits offer a path to recovery for those who have been harmed by these defective devices. However, not every patient will qualify for litigation. Generally, you may be eligible for a Bard PowerPort lawsuit if you meet the following requirements:
- Your doctor implanted a Bard PowerPort device.
- You experienced an injury that is related to Bard PowerPort devices.
The only way to know whether you qualify for a Bard PowerPort lawsuit is to contact an attorney who specializes in these cases. At Shapiro Legal Group, PLLC, our lawyers can carefully assess your claim and determine whether you are eligible for legal action.
We may ask about your experience using the device, the symptoms that you have developed, and any complications that may arise. If you have grounds for a Bard PowerPort lawsuit, our attorneys will help you take your first steps toward justice.
When Is the Right Time to Contact an Attorney?
Lawsuits that involve defective medical devices follow a series of complex rules and requirements. One of the most fundamental aspects is the statute of limitations. Essentially, this law establishes a filing deadline for pursuing certain legal claims. If you do not file your claim by the appropriate time frame, the court will most likely dismiss your case.
Different states have different statutes of limitations. For example:
- If you live in Arizona, California, Colorado, or Illinois, you must file your claim within two years.
- If you live in Kentucky or Louisiana, you must file your claim within one year.
- If you live in Massachusetts, Montana, or New York, you must file your claim within three years.
When filing a Bard PowerPort lawsuit, time is of the essence. If you believe you’ve suffered an injury due to a defective Bard device, it is important to consult a lawyer immediately and ensure that you do not miss any critical deadlines. Waiting too long might mean that even if you have a valid claim, you won’t be legally allowed to file it or recover compensation.
Choosing the Correct Lawyer for Your Case
Bard PowerPort lawsuits are complex, often lengthy legal proceedings. When you are pursuing one of these claims, it is crucial to have an attorney on your side who can advocate for your rights and handle the legal intricacies on your behalf.
Selecting the right attorney can be a challenge. You want someone who not only understands the nuances of the law but also has experience handling cases similar to yours. An attorney with a background in personal injury, especially those who have worked on defective device lawsuits, will likely be better equipped to handle your case than an attorney without relevant expertise.
At your consultation with your lawyer, ask the following questions to assess his or her expertise and determine whether the firm is equipped to handle your case:
- Are you familiar with litigation involving Bard PowerPort?
- Are you prepared to take my case to trial if necessary?
- Do you have experience filing other types of medical device lawsuits?
- How many years of experience do you have?
- How long do you anticipate my case will take?
- What percentage of your cases have you won or settled favorably?
The right attorney for your Bard PowerPort case will have the necessary experience and resources to represent your lawsuit. Your lawyer should also communicate your options clearly and in an easy-to-understand manner. These characteristics will prove invaluable as you move forward with litigation.
Is There an Estimated Value for Bard PowerPort Settlements?
Because the lawsuits regarding the Bard PowerPort are still in their preliminary stages, it is not possible to predict the exact settlement values at this time. Every case is different, and different plaintiffs may have varying medical needs, lost wages, pain and suffering, and other damages that factor into their final award. The only way to determine your potential settlement is to speak with an attorney who can assess your case and calculate your damages.
Bard has settled lawsuits involving other medical devices, which can provide some insight into how much compensation a plaintiff may receive. For instance, in 2014, Bard settled cases related to its pelvic mesh products for $21 million. By 2020, additional settlements concerning the marketing of the same products reached $60 million.
Based on this data, Bard PowerPort lawsuits may total millions of dollars among plaintiffs. Due to the many factors that could affect your case, however, there is no exact amount that you are guaranteed to receive. It is important to speak with a lawyer as soon as possible to gain a clearer picture of your potential settlement.
Who Can Be Liable for PowerPort Catheter Defects?
Medical device manufacturers are under the legal obligation to ensure their products are both safe and effective for public use. With the introduction of the PowerPort to the market, Bard reportedly received numerous adverse event reports from healthcare professionals.
These reports suggest that Bard was, or should have been, aware of the increased risks associated with the device. The lawsuits also allege that Bard had multiple avenues to mitigate harm, including product recall, polymer formulation changes, or updated warning labels. If these allegations are correct, Bard’s actions—or lack thereof—could be seen as negligent.
Therefore, Bard is often named as a defendant in PowerPort lawsuits. Furthermore, Bard became a subsidiary of Becton Dickinson in 2017, potentially making both entities liable for any defects and resulting injuries.
Is There a Class-Action Bard PowerPort Lawsuit?
When multiple individuals have similar claims against a particular entity, they often consolidate their cases into one larger lawsuit known as a class action. In successful class-action claims, the defendant is required to pay a large settlement, which is divided evenly among all of the plaintiffs.
As of now, there is no pending class-action lawsuit that concerns the Bard PowerPort issues. Instead, a motion to consolidate various individual cases into a multidistrict litigation (MDL) process is currently underway.
MDL is a legal mechanism utilized when multiple lawsuits, that arise from common issues, are filed across different districts. The key purpose is to streamline and accelerate the litigation process. There are several factors that make an MDL case unique:
- Shared Discovery: Even though each case in an MDL maintains its individuality, the discovery phase (a pre-trial process where parties gather and exchange evidence) is consolidated. This shared discovery helps maintain consistency and efficiency, which is particularly advantageous when dealing with a large volume of cases.
- Bellwether Trials: Within the MDL framework, a handful of cases, known as bellwether trials, are picked to proceed to trial. These are representative cases that set a precedent. The outcomes of these trials provide an insightful guide on how the remaining cases might unfold, both in terms of verdict and potential compensation.
- Individual Awards: At the conclusion of a successful MDL, each lawsuit stands on its own. This means claimants have the potential to recover individual settlements or awards based on the specifics of their case. The compensation received can vary widely between cases, reflecting the unique circumstances and damages of each plaintiff. This differs from class actions, which divide the award evenly regardless of each plaintiff’s injuries and losses.
Cost of a Bard PowerPort Attorney
Filing a Bard PowerPort lawsuit can be daunting for many reasons, particularly the perceived costs. Many people forgo legal representation or decide not to pursue a lawsuit altogether due to the belief that they cannot file a lawsuit. However, when it comes to Bard PowerPort cases or similar product liability lawsuits, attorneys often operate on a contingency fee basis.
Essentially, a contingency fee means that you do not pay any legal fees upfront. Your attorney will usually cover the initial costs, including research, filing, and court fees. The attorney’s fees are contingent upon a successful resolution of your case. In simpler terms, your lawyer will only get paid if you recover a settlement or jury verdict.
The payment the attorney receives is typically a pre-agreed percentage of the compensation or settlement you are awarded. This helps make sure that your attorney is motivated to secure the best possible outcome for your case.
When filing a Bard PowerPort lawsuit, it is essential to have a knowledgeable attorney on your side who has the resources and experience necessary to pursue your case. At Shapiro Legal Group, PLLC, we believe that every injured person deserves access to legal representation. That is why our mass tort lawyer accepts cases on a contingency fee basis, helping limit your out-of-pocket costs so that you can focus on healing and recovery.
Speak to an Experienced Bard PowerPort Lawyer Today
If you or a loved one has experienced complications related to Bard PowerPort devices, Shapiro Legal Group, PLLC can advocate for your rights. We understand the complexities surrounding these cases, and we are committed to providing you with the legal guidance and support you deserve.
After a Bard PowerPort injury, do not navigate the legal process alone. Contact us today at (800) 220-0984 to discuss your case and explore your options with our Bard PowerPort lawsuit attorneys.