Filing a Legal Claim over Bard PowerPort Complications: Understanding the Problem and Pursuing Justice
The Bard PowerPort, an implantable port catheter system, was initially approved by the FDA in 2000. The system is designed to be surgically placed under the skin to provide easy and long-lasting access for the attachment of a catheter to administer medications, intravenous fluids, blood products, and nutrition solutions.
However, since the device’s inception, an alarming number of consumers have reported issues with the Bard PowerPort. Reports include instances of the catheter port material cracking, which has led to the catheter fracturing or migrating. These malfunctions have unfortunately led to severe infections, cardiac punctures, blood clots, and numerous other potentially fatal injuries.
Legal action is now being taken against the manufacturer, with the lawsuits alleging serious design flaws in the implantable port and insufficient disclosure of the risks associated with the product to patients and medical professionals.
Bard PowerPort Lawsuit Eligibility
Those who have experienced any of the following complications following the implantation of a Bard PowerPort may be eligible for financial compensation through a lawsuit:
- Fracturing of the port requiring revision surgery
- Sepsis or septic shock
- Deep Vein Thrombosis (DVT)
- Bleeding or hemorrhage injuries
- Cardiac/pericardial tamponade
- Cardiac arrhythmia
- Severe and ongoing pain
- Perforations of tissues, vessels, and organs
- Death of the patient
- Other injuries resulting from a fractured PowerPort catheter
To ascertain your eligibility for a lawsuit, consider consulting a specialized Bard PowerPort catheter injury lawyer. They can provide a comprehensive review of the situation and help determine if the complications arose due to a failure of the Bard PowerPort. Remember that such cases are typically handled on a contingency fee basis, meaning no expenses or fees are owed unless a settlement or lawsuit payout is awarded.
Bard PowerPort Device – A Detailed Look
The Bard PowerPort, including the ClearVue Implantable Port and similar devices, is a vascular access system designed to be implanted beneath the skin. The device comprises a port for injections and a polyurethane catheter tube for transporting the medication into the bloodstream. The raised area on the port facilitates quicker medication delivery.
The manufacturers have touted the PowerPort for its ability to withstand higher injection pressure and deliver medication or draw blood more efficiently. However, an increasing number of patients are reporting injuries and initiating lawsuits, alleging that Bard failed to adequately disclose the potential risks associated with the devices.
Bard PowerPort Device Lawsuit Allegations
The lawsuits allege that the catheter tubes, made from a material known as Chronoflex, are susceptible to cracking, fracturing, and fissuring. Chronoflex, a combination of polyurethane and barium sulfate, allegedly leads to the degradation of the catheter’s mechanical integrity due to the high concentrations of barium sulfate.
Accusations suggest that improper mixing during manufacturing could create pockets of barium sulfate and trapped air within the catheter body, resulting in cracks, fissures, pits, and surface degradation, which in turn could increase the risk of thromboembolism or blood clots.
Plaintiffs in several Bard PowerPort lawsuits have asserted that Bard was aware of the higher-than-average reports of catheter fractures, migrations, and infections associated with their PowerPort device but failed to take appropriate action.
Manufacturers Bard Access Systems Inc., C.R. Bard, Inc., and Becton Dickson & Company now face allegations of providing inadequate warnings about the PowerPort’s issues and failing to conduct thorough post-marketing surveillance to identify injury and death reports.
Bard PowerPort Complications & Injuries
Claims against Bard point to unique design features of the PowerPort device that have led to higher-than-expected failure rates. Among the most frequently cited complications in lawsuits are catheter fractures and migrations and long-term infections caused by the PowerPort device.
Bard PowerPort Recall Status
As of August 1, 2023 – Despite the legal allegations and reported complications, no recall of the Bard PowerPort device has been initiated by the manufacturer. Plaintiffs maintain that a recall or design change could have made the device safer. Nevertheless, the lack of a recall does not exempt the manufacturer from potential liability for their failure to adequately monitor and inform the medical community and consumers of the associated risks.
Bard PowerPort Lawsuit FAQs
Who are the Lawsuits Against?
Lawsuits have been filed nationwide against the manufacturers of the Bard PowerPort, including Becton Dickinson & Company and its subsidiaries, C.R. Bard and Bard Access Systems, Inc. These lawsuits typically don’t involve claims of malpractice against medical providers, as it’s argued that healthcare professionals were also misled about the product’s safety.
Is there a Bard PowerPort Class Action Lawsuit?
At present, no class action lawsuit exists for those who have suffered injury or wrongful death following the implantation of the Bard PowerPort catheter. However, separate product liability lawsuits are being pursued against the manufacturer.
What is the Average Bard PowerPort Settlement or Lawsuit Payout?
No public disclosures have been made regarding Bard PowerPort settlements, and no individual case has yet been brought before a jury. However, the page will be updated as future cases proceed and jury awards are announced.
How is a PowerPort Lawsuit Settlement Calculated?
Settlement negotiations for future Bard PowerPort lawsuits will consider the unique facts and circumstances of each claim. Factors that are often considered during a Bard PowerPort settlement negotiation include the severity of the injury, medical expenses, loss of earnings, and potential punitive damages for egregious manufacturer behavior.
The Process of Filing a Product Injury Lawsuit
Filing a product injury lawsuit, like a suit relating to the Bard PowerPort, follows a specific sequence of steps. Here is a generalized overview of the process:
- Consultation with a Lawyer – The first step is to find a lawyer who specializes in product liability. This attorney will review your case, provide an analysis of your legal options, and outline the potential steps involved in pursuing a lawsuit.
- Investigation – If the attorney agrees to take your case, they will begin an in-depth investigation into the specifics of your case. This may include gathering medical records, seeking expert opinions, researching similar cases, and studying the product and its history. This information is critical to building a strong case.
- Filing the Complaint – Once your attorney has gathered enough evidence, they will prepare and file a legal complaint against the company responsible for the product. This document outlines your claims and demands for compensation, detailing how the product caused harm and why the company should be held accountable.
- Discovery Process – The discovery process allows both sides to gather additional information from each other. This often includes written questions (interrogatories), requests for documents, and depositions, where witnesses give sworn testimony before trial.
- Negotiation and Settlement – Many product liability lawsuits are settled out of court. The legal teams from both sides might negotiate a settlement based on the evidence presented. If they reach an agreement, the case will not go to trial. You will have the final say on whether to accept any settlement offer.
- Trial – If a settlement can’t be reached, the case will proceed to trial. Your attorney will present your case, the defense will argue their side, and a judge or jury will make the final decision. If you win, the court will order the defendant to pay a specific amount of compensation.
Remember, each product liability case is unique, and this process may vary based on several factors. For the most accurate advice, always consult with a legal professional.
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Parker Waichman LLP is an award-winning, national product liability law firm. Parker Waichman LLP is considered a top-rated firm for several reasons:
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- Nationwide Service: The firm operates across the United States, making it accessible to clients in different locations. They have offices in New York, New Jersey, Florida, and Washington, D.C., but they handle cases nationwide.
- No Fee Promise: Parker Waichman LLP operates on a contingency fee basis, which means clients don’t pay any upfront fees. They only get paid if they successfully win or settle the case. This ensures that their interests align with their clients.
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Remember, choosing a law firm should be based on individual needs, the specifics of your case, and your comfort level with the attorneys.
CONTACT PARKER WAICHMAN LLP FOR A FREE CASE REVIEW
Parker Waichman LLP helps families recover monetary compensation for harm caused by dangerous products like this defective product. For your free consultation, contact our national product liability law firm today via live chat or call 1-800-YOUR-LAWYER (1-800-968-7529).
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