Bard PowerPort Lawsuits – MDL 3081
The Bard PowerPort is a very frequently used device that is designed for patients requiring repeated or long-term intravenous infusions, such as for chemotherapy or even antibiotics. As of June 2024, approximately 250 Bard PowerPort lawsuits have been filed in the consolidated proceeding MDL 3081 (In Re: Bard Implanted Port Catheter Products Liability Litigation). The Bard PowerPort attorneys have alleged that Bard designed its port catheters with a concentration of barium sulfate, which reduced the material integrity of the catheters, resulting in the catheters breaking or migrating after implantation a. Injuries related to the Bard PowerPort include vascular damage or perforated blood vessels, blood clots, infections, thrombosis, embolisms, and death. The defendants in the PowerPort lawsuits include C.R. Bard, Inc., Bard Access Systems, Inc., Bard Peripheral Vascular, Inc., and the parent company Becton, Dickinson and Company. Bard was acquired by Beckton Dickinson in 2017 for $24 billion. For a free Bard PowerPort case evaluation, call 202-792-7927.
Bard PowerPort Lawsuit MDL 3081 Timeline
January 2024 – Common Benefit Fund Established
On January 9, 2024, the Court entered case management order #13 after holding the third case management conference on the Bard PowerPort lawsuits on January 8, 2024. It was noted that during the third case management conference, the PowerPort lawyers notified the Court that the JPML will address if Bard port-reservoir defects should be part of MDL 3081 on January 25, 2024. If the Bard port-reservoir defects are to be included in MDL 3081, then the Master PowerPort Lawsuit Complaint would have to be amended. It was also noted that the PowerPort attorneys would be conducting a deposition on January 18, 2024, regarding information-infrastructure, to aid future discovery requests. The Court also approved the Plaintiffs’ Common Benefit Expense Fund, to which all the Bard PowerPort law firms contribute money into to fund the PowerPort litigation. The Court then issued case management order #14, approving Randall L Sansom, CPA as escrow agent over the Bard PowerPort expense fund. The next Bard PowerPort case management conference is scheduled for March 1, 2024.
November 2023 – Six PowerPort Bellwethers Selected
The Court held its second Bard PowerPort case management conference on November 16, 2023, and then issued numerous case management orders on November 22, 2023. First, the Court entered case management order #6, which noted that the Court reviewed the parties’ proposed protective order and proposed discovery order and found both of them to be acceptable. The Court also noted that it will hold six Bard PowerPort bellwether trials and that the Court “does not believe a larger number [of PowerPort trials] is necessary, nor that claims of different Plaintiffs should be consolidated in single trials.”
On the same day, the Court adopted a master PowerPort complaint and Short Form Complaint (SFC) via case management order #7. The Court also entered case management order #8, requiring any newly filed Bard PowerPort lawsuits to complete and submit a Plaintiff Profile Form (PPF) within 30 days of filing the Short-Form Complaint.
The Court then entered case management order #9 also on November 22, 2023, setting forth a common fact and PowerPort expert discovery schedule. The Court set a deadline of January 31, 2025, for completing common-issue fact discovery, including discovery by subpoena. The Court also set the following schedule for the Bard PowerPort experts:
- Plaintiffs provide their PowerPort expert reports by February 14, 2025.
- Defendants provide their PowerPort expert reports by March 31, 2025.
- Plaintiffs provide their rebuttal PowerPort rebuttal expert reports by April 30, 2025.
- Expert depositions completed by June 30, 2025.
- Motions to exclude experts and motions for summary judgment on MDL-wide issues shall be filed by July 21, 2025.
October 2023 – Federal & State Court Coordination
The Court issued PowerPort case management order #3 on October 26, 2023, which focused on coordinating the Bard PowerPort MDL with the PowerPort litigations in both New Jersey state court and Arizona state court. Because the PowerPort defendant Becton Dickinson is located in New Jersey and Bard Access Systems is located in Arizona, Bard PowerPort lawsuits can also be filed in those state court venues.
On the same day, the Court issued PowerPort case management order #4 regarding common benefit matters, which is how the Bard PowerPort litigation is funded and how the Bard PowerPort attorneys are eventually compensated assuming their is eventually a Bard PowerPort settlement. Relatedly, the Court also entered its 5th PowerPort CMO, which appointed retired Judge Marina Corodemus as the Special Master over the Bard PowerPort common benefit.
September 2023 – PowerPort Leadership Appointed
On September 19, 2023, the Court issued its first Bard PowerPort case management order (CMO). The court appointed Bard PowerPort lawyers from nearly 30 law firms nationwide to act as leadership in the Bard PowerPort lawsuits consolidated in MDL 3081. The Court then reiterated that the Master Docket case file will be styled “In Re. Bard Implanted Port Catheter Products Liability Litigation” and the identification “MDL No. 3081”.
On the same day, the court also issued its second Bard PowerPort case management order, which covered an array of topics. By October 27, 2023, the Plaintiff and Defense Bard PowerPort attorneys were ordered to jointly submit to the Court a proposed protective order, an Electronically Stored Information (ESI) Protocol, a preservation order, and shall provide the Court with a master Powerport complaint. A second Powerport case management conference was then scheduled for November 16, 2023.
August 2023 – PowerPort Lawsuits Consolidated into MDL 3081
On August 8, 2023, the Judicial Panel on Multidistrict Litigation (JPML) issued a Transfer Order, which created MDL 3081 (In Re: Bard Implanted Port Catheter Products Liability Litigation) by transferring all Bard PowerPort lawsuits filed in federal courts nationwide into the District of Arizona. At the time the Bard PowerPort attorneys requested the lawsuits to be consolidated, only ten Bard PowerPort lawsuits were on file in six different federal district courts. By the time the JPML decided to consolidate all of the Bard PowerPort lawsuits into MDL 3081, an additional 38 Bard PowerPort lawsuits had been filed in 25 federal district courts. The Bard PowerPort plaintiff attorneys had requested MDL 3081 to be centralized in the Western District of Missouri, and the Bard PowerPort defense attorneys requested centralization in either the District of Utah or the District of Arizona.
The Bard PowerPort defense lawyers opposed formation of the PowerPort MDL, claiming it was unnecessary because they had successfully settled Bard PowerPort cases in the past. The Bard PowerPort defense lawyers also argued that most of the Bard PowerPort lawsuits filed were meritless.
Ultimately the JPML held, “we find that these [Bard PowerPort] actions involve common questions of act, and that centralization in the District of Arizona will serve the convenience of the parties and witnesses and promote the just and efficient conduct of this litigation. All [Bard PowerPort] actions can be expected to share factual questions arising from allegations that defendants manufacture the catheter component of their port devices with a concentration of barium sulfate that is too high, which reduces the material integrity of the catheter, and can lead to injuries, including infection, fracture of the catheter, migration of the catheter, and thrombosis. All [Bard PowerPort] actions share common issues of fact regarding whether the design of Bard’s port catheters involves a concentration of barium sulfate that reduces the material integrity of the catheters and can cause injury, whether defendants adequately tested the [PowerPort] devices, and whether defendants adequately monitored and reported adverse events relating to [Powerport] product failures.” The JPML also noted that centralizing the Bard PowerPort lawsuits nationwide “offers an opportunity to substantially streamline [Powerport] pretrial proceedings, reducing duplicative discovery and conflicting pretrial obligations, as well as prevent inconsistent rulings on common Daubert challenges.”
It appears that one key reason the JPML selected the District of Arizona as the transferee district for MDL 3081 was because Bard Access Systems has a significant business presence in the District of Arizona and that relevant witnesses will be located there. The JPML selected the Honorable David G. Campbell to preside over all of the Bard PowerPort lawsuits in MDL 3081. The JPML noted that Judge Campbell currently presides over the Bard IVC Filters MDL and that he “ably handled that litigation, and we are confident that he will steer this [Bard PowerPort] litigation on a prudent course.”
What is The Bard PowerPort?
Bard PowerPort is a medical device that is commonly used in patients requiring frequent intravenous therapies, such as chemotherapy, long-term antibiotic treatment, or ongoing diagnostic tests. This device is designed to provide healthcare professionals with a convenient and safe access point for delivering medications and fluids into a patient’s bloodstream.
Bard PowerPort Injuries
Our Bard PowerPort lawyers have alleged in Bard PowerPort lawsuits that the Bard PowerPort can result in the following injuries:
- PowerPort Migration or Displacement
- PowerPort Breaks
- Catheter or Port Fractures
- Thrombosis or Blood Clots
- Blood Vessel or Organ Perforation
- Sepsis or Chronic Port Infection
These Bard PowerPort complications can cause severe pain, extended hospital stays, additional medical procedures, and even permanent disabilities. If you or a loved one have experienced any of these Bard PowerPort complications, call our Bard PowerPort attorneys today at 202-792-7927.
Bard PowerPort Attorney
If you or a loved one have suffered complications related to a Bard PowerPort device, don’t wait to seek legal assistance. Strict time limits, known as statutes of limitations, apply to these cases, and delaying action may jeopardize your right to seek compensation.
Contact us at intake@nighgoldenberg.com to schedule a free consultation or call 202-792-7927. Our experienced litigators are ready to listen to your story, evaluate your case, and provide you with personalized legal guidance. Let us fight for your rights and pursue the justice you deserve.
