Is There a Bard PowerPort Lawsuit?

Yes. Bard PowerPort fracture and migration lawsuits are being filed against the manufacturers of Bard PowerPort devices over design problems that can cause the catheter’s ChronoFlex material to fissure, fracture or crack.

The design defects of the Bard PowerPort catheters have been linked to a growing number of serious injuries and fracturing events, in which small fragments of the catheter broke free in the patient’s vascular system, leading to fatalities, infections, blood clots and emergency surgical procedures to retrieve the fragments.

Similar to other port catheter lawsuits filed in recent years over defective designs, Bard PowerPort lawsuits claim that life threatening injuries could have been avoided if a safer alternative design had been used, or if the manufacturer had warned patients and doctors by issuing a Bard PowerPort recall.

Who is the Bard PowerPort lawsuit against?

The Bard PowerPort lawsuit is against Becton Dickinson and Company, and its subsidiaries, C.R. Bard. Inc. and Bard Access Systems Inc.

What models are included in the Bard Implantable Port Lawsuit?

In addition to lawsuits over Bard PowerPort implantable port, claims are also being investigated for individuals who suffered injuries caused by any of the following Bard access systems;

• Bard PowerPort
• Bard Powerflow™
• Bard SlimPort
• Bard X‑Port™
• Bard MRI Ports
• Bard Groshong Catheter
• Bard Titanium Port
• Bard Vaccess CT

What is the Bard power port made of?

Bard TIVAD’s consist of four primary components:

What is a Bard PowerPort for chemotherapy?

Bard PowerPorts are power injectable ports commonly implanted in cancer patients receiving chemotherapy treatments to administer dyes and contrast agents at a high rate of flow.

The high injection flow rates of the contrast agents help improve the clarity of the images from CT scans, MRI, and PET scans, which allows a doctor to differentiate between normal and abnormal tissues, clearly outline the boundaries of a tumor, and assess how well the treatment is working.

The Bard PowerPorts are often implanted in individuals who will require chemotherapy over a longer period of time. Bard PowerPorts are frequently used during chemotherapy for the following cancers;

• Breast Cancer
• Lung Cancer
• Stomach Cancer
• Pancreatic Cancer
• Liver Cancer
• Esophageal Cancer
• Gallbladder Cancer
• Colon Cancer
• Leukemia
• Non-Hodgkin lymphoma
• Hodgkin lymphoma
• Multiple myeloma
• Myelodysplastic Syndromes (MDS)

How do I know if I have a Bard PowerPort?

Patients are issued a Bard PowerPort ID Card by their doctor or nurse that contains critical information about the device, including the manufacturer’s name, device model, serial number, and the date of implantation. The PowerPort ID is issued to allow doctors to identify the type of device a patient has since all implantable ports are not rated for the same rate of pressure.

Recipients may have also been issued a rubber PowerPort bracelet which has different colors indicating the type of implantable port the patient received.

Bard PowerPort ID Card

What is wrong with Bard PowerPort devices?

Lawsuits allege that the problems with Bard PowerPort catheters stem from the use of high concentrations of barium sulfate, which weakens the strength of the catheter, allowing microfractures, deterioration, fissuring, and cracking.

These catheter fractures cause small fragments to travel throughout the bloodstream resulting in vascular damage and other serious injuries.

Becton Dickinson and its subsidiaries designed many of the PowerPort devices to use catheters made of a material called “ChronoFlex”, which is a blend of polyurethane and barium sulfate.

Improper mixing and excessive use of barium sulfate during the manufacturing process may cause pockets of the chemical compound and entrapped air to form through the PowerPort’s catheter body and inner and outer surfaces, according to lawsuits now being pursued. These pockets in the Bard PowerPort catheter may deteriorate over time, leaving irregular surfaces for microbes to collect and cause infections, as well as fractures and other complications.

Studies Linking PowerPort Designs to Fractures and Failures

Numerous studies have suggested that the use of barium sulfate in PowerPort and other Totally Implanted Venous Access Devices (TIVADs) can lead to a heightened risk of fractures, infections and mechanical failures.

A study published in the Journal of Biomedical Materials Research noted that barium sulfate particles do not fully integrate into polymer catheters, which can increase the risk of surface irregularities and increased thrombogenicity, which refers to the ability of a material to generate blood clotting and thrombus.

Just several years later, a study was published in the Journal of Mechanical Behavior of Biomedical Materials finding the use of barium sulfate in TIVAD catheters can increase the risk of mechanical failures and fractures. The researchers found that the loss of barium sulfate particles under stress creates notches, acting as predetermined breaking points, which can lead to mechanical failure.

Safer Design Alternatives Were Available

In a study published in Nephrology Dialysis Transplantation in 2010, researchers found that the release of barium sulfate contributes to catheter surface defects  that could increase the risk of fracturing and bacterial proliferation. Researchers stated that a coating of polyurethane could prevent these issues causing injuries to patients.

Despite the ability to reduce or prevent fractures by changing the design to encapsulate the radiopaque compound or use a different polymer formulation, lawsuit claim the manufacturer continued to actively and aggressively market the PowerPort as safe.

Bard PowerPort Complications and Injuries

As a result of the defective and unreasonably dangerous design, a growing number of Bard PowerPort catheter infections and fractures have been reported in recent years.

Bard PowerPort Catheter Fractures

The ports intended high rate of injection flow combined with the fragile structure of the PowerPort may cause catheter fractures that allow tiny fragments of plastic tubing to break off and enter a patient’s bloodstream. This could lead to serious and potentially fatal health issues, including;

• Blood clots
• Irregular heart beat (tachycardia)
• Cardiac punctures
• Pulmonary embolism
• Tearing of blood vessels

Bard PowerPort Catheter Migration

A Bard catheter migration occurs when the flexible tube, which is used to access the body cavities and vascular system, moves from its intended position to another location in the body. This can cause severe health problems such as:

• Obstruction of blood flow
• Infection
• Organ perforation
• Organ damage
• Catheter failure

Bard PowerPort Infections

Users may be at risk of a Bard catheter infection due to bacteria building up in the small fissures and cracks caused by the breakdown of the barium sulfate compound. These infections can have life-threatening consequences for cancer patients undergoing chemotherapy treatments, as well as other individuals who already have weakened immune systems.

Some of the most common infections that could arise from a fractured or migrated PowerPort include;

• Klebsiella
• Staphylococci
• Candida

Symptoms of infection from a Bard PowerPort may include:

• Fever & Chills
• Inflammation and Swelling
• Drainage or pus
• Changes in urine color or odor
• Confusion

Bard PowerPort Complications Were Known for Years

According to allegations being pursued in Bard PowerPort lawsuits, Becton Dickinson and its subsidiaries have known about the high rate of the catheters fracturing, migrating, and causing infections and other complications since the early 2000’s.

It appears that the manufacturer placed its desire for profits before consumer safety, by concealing thousands of reports of PowerPort failures and injuries from doctors and patients, by taking advantage of the FDA’s controversial Alternative Summary Reporting (ASR) program.

The FDA’s ASR program allowed the manufacturers to hide the high rate of device failures and injuries from the public through exemptions, variances, or alternatives under 21 CFR 803.19.

However, unlike the public Manufacturer and User Facility Device Experience (MAUDE) database, manufacturer reports of device failures submitted through ASR were not accessible publicly, including healthcare providers, until 2019.

Is There a Bard PowerPort Class Action Lawsuit?

To date, there is not currently a Bard PowerPort class action lawsuit that seeks damages for all individuals who received the port catheter. However, a Bard PowerPort multidistrict litigation was established in August 2023, in an effort to efficiently manage the rising number of claims each raising similar allegations against the manufacturer.

Due to the surging number of Bard PowerPort fracture and migration lawsuits in various federal courts, the U.S. Judicial Panel on Multidistrict Litigation (JPML) issued a transfer directive (PDF) on August 8, 2023. This directive was a response to a request to consolidate the claims, directing all PowerPort lawsuits to be overseen by one judge during pretrial stages.

While each Bard PowerPort lawsuit will remain its own individual case, the claims will be consolidated in the U.S. District for the District of Arizona before Judge David G. Campbell. In steering the Bard Port lawsuits MDL, it’s anticipated that Judge Campbell will initiate a bellwether process, which will involve selecting a subset of representative claims for case-specific discovery and setting early trial dates.

Bard PowerPort Settlement Information

As a direct result of the manufacturer’s apparent faulty design of the Bard PowerPort catheter, and the desire to put profit before the health and safety of patients, PowerPort lawsuit settlements may become available for individuals left with debilitating injuries.

Although the manufacturer has not agreed to any global settlement for Bard PowerPort lawsuits, our product liability lawyers believe this will change as the discovery process moves forward and individual cases approach trial.

Saiontz & Kirk, P.A. is continuing to review new Bard PowerPort lawsuits for individuals who received one of the implanted port devices who experienced complications that resulted in serious injuries or death.

How Much Is A Bard PowerPort Settlement Worth?

While no global Bard PowerPort lawsuit settlements have been reached yet, our lawyers expect that the future value of an individual PowerPort settlement will depend on several factors. For example, individuals who experienced complications resulting in permanent injuries may be entitled to higher settlement payouts than those who fully recover.

In determining the amount of any individual PowerPort lawsuit payout, the following are some of the common factors that will be taken into consideration when negotiating or evaluating any offers:

• The specific injuries caused by the PowerPort;
• The amount of any past or future medical expenses;
• The amount of any lost wages or loss of earning capacity;
• The level of impact the PowerPort has caused on the individual’s overall physical and mental health or well-being;
• The past and future amount of pain and mental anguish suffered by the individual;

Are There Any Costs to Hire a Bard PowerPort Lawyer

There are absolutely no out-of-pocket costs to review your case or hire our attorneys. Potential claims are evaluated for individuals throughout the United States, and all cases are handled on a contingency fee basis.

Through the use of contingency attorney fees, individuals have access to the experience and resources of our national law firm for their Bard PowerPort lawsuit settlement — regardless of their individual financial resources.

FIND OUT IF YOU QUALIFY FOR A BARD POWERPORT SETTLEMENT