In 2000 the FDA approved the Bard PowerPort implantable catheter to allow long-term access for patients requiring repeated medications, IV fluids, parenteral nutrition solutions, and blood products. These devices are commonly used to administer chemotherapy treatments.
Recently, the FDA uncovered reports showing that over 10,000 patients have suffered injuries or side effects from the Bard catheters. Before 2019, Bard had filed 90% of these injury reports in a special Alternative Summary Reporting program, hidden from doctors and the public.
Experts have discovered a defect in the PowerPort stemming from the Chronoflex polyurethane material that makes up the flexible catheter tubing component. Chemical design flaws of the tubing could make it more likely to crack or have pieces break off.
Some of the injuries linked to catheter fracturing and migration include:
Unfortunately, Bard has known of the dangers of the PowerPort design for years as well as the existence of safer alternative designs. However, they continue to sell the device without proper warning or recall. Now, lawyers believe they’ll face liability to thousands of injured patients.
Latest Information on the Bard PowerPort Litigation
While there is no single class action lawsuit for Bard catheter injuries, a federal judicial panel is expected to centralize cases, meaning those affected may band their individual cases together in a special court to seek damages against the company.
The Judicial Panel for Multidistrict Litigation routinely consolidates cases that have similar injuries and damages filed against one company into specific federal MDL courts.
This form of venue, called a multidistrict litigation court (MDL), is actually more beneficial for consumers than a class action lawsuit. In a class action lawsuit, one group of lawyers often gathers together class participants who must share whatever is awarded. However, the individual participants in an MDL are able to select their own lawyer, exercise more control over their case and whether it settles, and reap higher award amounts for their separate lawsuit.
The latest news is that the JPML panel will hold a hearing to decide whether to centralize the Bard catheter cases, and if so, which Federal Court District to do so.
Lawyers expect that if the Bard catheter lawsuits are combined in a Federal MDL, thousands of victims will learn of the litigation and come forward.
DrugNews works only with lawyers that are integrally involved in medical device MDL litigation or are active on the influential MDL Plaintiff Steering Committees.
If you or a loved one have suffered injuries or had to undergo repeat surgeries after receiving a Bard PowerPort catheter, it’s important to have your case examined by a legal expert to see if you have the right to recover damages.
Our qualified medical device injury lawyers will fully investigate your case, reviewing medical records, safety warnings and recent studies that your doctor may not normally discuss.
Most states allow you several years to file a lawsuit after you suffer an injury or discover it may be linked to a dangerous product. However, you should begin the process as early as possible to make sure your lawyer has time to get necessary records and prepare your case.
DrugNews works only with attorneys and law firms that have successfully handled tens of thousands of lawsuits involving injury or death from drugs and medical devices. And, we can connect you directly to a lawyer or patient advocate today, so you’ll be able to decide if you want to proceed.
We make it easy to get help, find out if you qualify, and quickly file a claim. Our service is offered at no cost to you, and you won’t pay anything to your attorney unless you receive an award. Also, our qualified lawyers can handle most aspects of your case without you ever having to leave your home.
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