Bard PowerPort Lawsuit (September Update)

This is an active lawsuit and none of the allegations against the defendant(s) have been proven. The contents of this page reflect the allegations in the litigation and have been revised regarding the PowerPort failure rate as well as to reflect that the 2020 PowerPort recall is not currently a factor in the litigation.

Hundreds of people are joining in litigation involving Bard’s PowerPort catheter devices. The cases are based on devices that may have caused infection, fracture, migration, or thrombosis. Call (866) 781-9539 to talk to a lawyer and find out if you may be eligible to receive compensation.

Plaintiffs are continuing to file new Bard Power Port lawsuits. If you have been harmed, or if a family member was fatally harmed, you may qualify to receive compensation.

Update for May 2, 2025: Bard PowerPort Lawsuits

There are reportedly 1,410 lawsuits pending in the Bard PowerPort litigation as of May 1, 2025. This represents a significant increase from the beginning of April. If you have questions about filing a lawsuit, we can explain everything you need to know, and we invite you to get in touch. Contact us for a complimentary consultation today.

Previous Bard PowerPort Lawsuit Updates

April 25, 2025 – How much is the Bard PowerPort lawsuit going to pay out? At this point we still don’t know for sure—nor does anyone else. However, as we have discussed previously, current estimates put the average anticipated settlement somewhere in the range of $10,000 to $100,000. Specific settlement amounts will vary depending on plaintiffs’ diagnoses, their long-term medical needs, their lost earnings, and other factors.

Ultimately, to decide whether it makes sense for you to file a Bard PowerPort lawsuit, you need to obtain an assessment of the value of your case. If you’d like to make an informed decision, we invite you to contact us for a free and confidential consultation.

April 18, 2025 – The ongoing Bard PowerPort litigation involves several models of Bard’s implantable catheter device. Models named in lawsuits filed to date include:

• Bard PowerPort ClearVUE Implantable Port
• Bard PowerPort ClearVUE ISP Implantable Port
• Bard PowerPort ClearVUE Slim Implantable Port
• Bard PowerPort ISP M.R.I. Implantable Port
• Bard PowerPort M.R.I. Implantable Port

If you have received any model of PowerPort and are experiencing side effects or complications as a result, you will want to speak with a lawyer about your legal rights. We believe the plaintiffs in Bard PowerPort lawsuits have strong claims for just compensation, and many patients who haven’t yet taken legal action still have time to file.

April 11, 2025 – With the first bellwether trials in the Bard PowerPort litigation scheduled for later this year, much of the current focus in the litigation is on the discovery process. While plaintiffs’ attorneys are fighting for as much access as possible, the defendants’ attorneys are trying to restrict plaintiffs’ access and prevent their experts from testifying.

Does this mean the defendants are worried about the truth coming to light? Possibly, though we cannot say this definitively at this stage. But we may find out soon—and, if the evidence uncovered during discovery suggests that the defendants are responsible for the plaintiffs’ harms, this could possibly pave the way for settlement negotiations later this year.

April 4, 2025 – The Bard PowerPort multi-district litigation (MDL) added nearly 100 cases in March, bringing the total number of pending Bard PowerPort lawsuits to more than 1,200. We expect to continue seeing growth throughout the year, as many people are only just now learning about their legal rights.

Do you have a Bard PowerPort lawsuit? Contact us to discuss your legal rights with a lawyer today.

March 28, 2025 – We are gradually making progress toward the first bellwether trials involving Bard PowerPort lawsuits. Why is this significant? Because when bellwether trials result in plaintiff-friendly verdicts, they will often (though not always) spur settlement negotiations. While any settlement in the Bard PowerPort litigation is still almost certainly still a long way away, we remain optimistic at this stage.

March 21, 2025 – This week, the lawyers involved in the ongoing Bard PowerPort litigation were required to submit their proposals for scheduling discovery and other pre-trial procedures. These are critical—and complicated—steps in the process, and the parties are likely to have very different opinions about how long the process will take.

Typically, in this type of litigation, plaintiffs’ lawyers will want to complete the discovery process as quickly as possible so that they can press forward with their clients’ claims. In contrast, defendants will typically want to delay trial as long as possible. However, the judge plays a significant role in the scheduling process as well—a role which includes ensuring that the litigation is not delayed unnecessarily.

March 14, 2025 – As we discussed in last week’s update, people are continuing to file Bard PowerPort lawsuits. Even if you received your PowerPort implant a long time ago, if you have only recently been diagnosed with complications, you may still have plenty of time to file.

Last week the New Jersey Digest published an article discussing the growing legal battle over the Bard PowerPort. It’s worth a read if you are interested in the background of the litigation. If you think you may have grounds to file a Bard PowerPort lawsuit (or don’t know and want to find out), we invite you to speak with an attorney at Oberheiden P.C. for free.

March 7, 2025 – At the beginning of March there were 1,112 lawsuits pending in the Bard PowerPort multi-district litigation (MDL). This reflects 108 new filings in February—a significant increase over the totals in recent months.

Should you file a Bard PowerPort lawsuit? If you or a loved one has experienced complications from a Bard PowerPort catheter, you may be entitled to significant financial compensation. To find out if you are eligible to join the MDL, contact us for a free consultation today.

February 28, 2025 – While much of the recent news concerning Bard has focused on the FDA’s concerns about Rotarex Atherectomy Systems manufactured by Bard Peripheral Vascular (see last week’s update), we are still laser-focused on helping patients and families recover just compensation for harm caused by Bard’s PowerPort catheter devices. While the concerns about Bard’s Rotarex Atherectomy Systems are relatively new, the concerns about Bard’s PowerPort catheter devices have existed for a very long time.

If you or a loved one has been harmed by a Bard catheter, you may be entitled to significant financial compensation. To learn about your legal rights for free, contact us for a confidential consultation today.

February 21, 2025 – As we discussed last week, in addition to the Bard PowerPort, the U.S. Food and Drug Administration (FDA) has now also raised concerns related to Rotarex Atherectomy Systems manufactured by Bard Peripheral Vascular, another subsidiary of Becton, Dickinson and Company (BD). According to the FDA, “BD has reported 30 serious injuries and 4 deaths associated with this issue,” as well as, “115 cases requiring additional intervention following helix fracture and/or breakage.” The FDA also reports:

“Use of the device in certain anatomy and lesion types, as well as certain procedural factors, may cause the helix to fracture or break, requiring retrieval of a broken catheter and/or device fragment. A helix fracture or break could cause vessel injury and may lead to severe bleeding or death.”

This, obviously, is a serious concern for patients treated with Rotarex Atherectomy Systems. We hope BD’s updated instructions prevent serious injuries and deaths going forward; but, if they don’t, this could be one of the next big MDLs.

February 14, 2025 – The U.S. Food and Drug Administration (FDA) issued an Early Alert last week warning of another “high risk” Bard device. According to the Early Alert:

“The FDA is aware that Bard Peripheral Vascular, a subsidiary of Becton, Dickinson and Company (BD), has issued a letter to affected customers providing updated instructions for use for Rotarex Atherectomy Systems . . . related to a potentially high-risk device issue . . . .

“BD has identified that certain patient anatomical characteristics, including vessel size, angulation, tortuosity, degree of calcification, and procedural factors such as contralateral access, sheath kinking, lack of continuous blood flow, and catheter advancement related factors, could contribute to helix fracture and/or breakage events.”

The Rotarex Atherectomy System is “an atherectomy device . . . to break up and remove thrombus from native peripheral arteries or peripheral arteries fitted with stents, stent grafts, or native or artificial bypasses.” If you have concerns about one of these devices, we encourage you to speak with one of our lawyers promptly.

February 7, 2025 – As we mentioned last week, we are continuing to see new lawsuits get filed. At the start of February there were 1,004 lawsuits pending in the Bard PowerPort multi-district litigation (MDL)—an increase of 113 lawsuits from the start of January.

This is a substantial increase at this stage of the litigation, and it likely reflects growing awareness of both the issues with Bard PowerPort catheter devices and patients’ legal rights. If you have questions about your legal rights, contact us for a free consultation today.

January 31, 2025 – We are continuing to see new lawsuits getting filed against Bard related to the company’s PowerPort catheter devices. While the ongoing litigation against Bard remains in the discovery phase, the current plaintiffs’ cases are proceeding toward trial, and we are hoping to see some significant progress in 2025.

January 24, 2025 – While a significant portion of the discovery process is devoted to finding out what Bard knew and when, another significant portion is devoted to gathering the medical evidence that plaintiffs need to prove their conditions are the result of issues with their Bard PowerPort catheters. Of course, while the plaintiffs’ lawyers and medical experts will be working hard to prove a causal link, Bard and its defense lawyers will be working hard to identify as many flaws in the plaintiffs’ claims as possible.

As a result, while it can seem like discovery is dragging on, this is arguably the most important step in the litigation process. While there is still much to be learned, if you think you may have a Bard PowerPort lawsuit, now is the time to take action.

January 17, 2025 – The judge presiding over the Bard PowerPort litigation recently issued a Case Management Order (CMO) addressing the discovery process. Discovery has been going on for a while now, and it will continue to occupy much of the year.

In this type of litigation, the discovery process is extremely important. This is when plaintiffs get to find out what information the defendant has in its possession, and the defendant gets to gather information about the science behind the plaintiffs’ claims. We will continue to provide updates on the litigation as we have them; and, in the meantime, if you have questions about filing a Bard PowerPort lawsuit, we invite you to schedule a free consultation.

January 10, 2025 – While the Bard PowerPort multi-district litigation (MDL) has been going on for a while now, nearly half of the lawsuits pending in the MDL have been filed in just the past four months. With awareness of the risks reportedly linked to the Bard PowerPort device continuing to grow, we anticipate that the size of the MDL will continue to grow as well. Do you have a claim? Contact us to find out for free.

January 3, 2025 – At the start of January, there were 891 lawsuits pending in the ongoing Bard PowerPort multi-district litigation (MDL). The judge presiding over the MDL recently issued an order limiting the scope of the plaintiffs’ discovery, which isn’t unusual (or particularly concerning) at this stage.

The order relates specifically to the depositions that the plaintiffs’ lawyers plan to take of Becton Dickinson’s corporate representatives (Becton Dickinson now owns Bard). While they may not be able to ask everything they wanted to ask, the plaintiffs’ lawyers will still have plenty of opportunity to gather the evidence they need to prove the allegations related to Bard’s PowerPort devices.

December 27, 2024 – As we head into 2025, the Bard PowerPort multi-district litigation (MDL) is in full swing. The defendants and current plaintiffs are engaged in discovery, which is the step in the process when each party gets to learn what evidence the other has in its possession.

In cases that involve alleged product defects—like the Bard PowerPort MDL—most of the discovery comes from the defendants. The plaintiffs are in the process of obtaining and reviewing internal communications, clinical trial documents, and various other forms of documentation that may point to the Bard PowerPort device being defective in one way or another. If the plaintiffs are able to obtain the evidence they need, this could help spur settlement negotiations later in the year.

December 20, 2024 – While medical device manufacturers can be held liable for selling defective implants, they can also be held liable for failing to provide adequate warnings to patients and healthcare providers. Importantly, this “failure to warn” is classified as a type of product defect under the law.

Why is this important? There are two key reasons: First, it allows plaintiffs to seek financial compensation even if a medical device is not defective from a technical perspective. Second, in product defect cases, proof of negligence isn’t required. As a result, device manufacturers can be held liable for “failure to warn” even when they weren’t aware that their warnings were inadequate.

December 13, 2024 – While multi-district litigation (MDL) proceedings like the Bard PowerPort litigation allow plaintiffs to pursue their claims individually (rather than seeking a relatively small portion of a group settlement in a class action), plaintiffs in MDL proceedings don’t necessarily have to start their lawsuits from scratch.

In the Bard PowerPort MDL, for example, an amended Master Complaint was recently filed against Bard’s parent company, Becton Dickinson. Plaintiffs who have claims similar to those alleged in the Master Complaint can submit a “short-form complaint” to join the MDL. This helps to both reduce the barriers to entry and streamline the litigation process.

December 6, 2024 – At the start of December, there were just under 900 lawsuits pending against Bard in the PowerPort multi-district litigation (MDL). The judge presiding over the MDL held a status conference this week, with the primary outcome being that the end date for the first phase of discovery was set for February 28, 2025. The next phase of discovery will focus on the technical aspects of the plaintiffs’ claims, with expert depositions to be completed by July 25, 2025.

November 22, 2024 – We have a significant update to report this week regarding the ongoing Bard PowerPort multi-district litigation (MDL). Becton Dickinson, which acquired Bard in 2017, has agreed to satisfy any liability that Bard and its co-defendants are not able to satisfy themselves.

Why is this a big deal? Becton Dickinson is a huge company with a $65 billion market capitalization. It also has plenty of insurance covering this type of litigation. As a result, if the Bard PowerPort MDL is successful, this significantly increases the chances of all plaintiffs being able to collect their settlement awards or verdicts.

November 15, 2024 – Late last week, the judge presiding over the Bard PowerPort multi-district litigation (MDL) rejected the plaintiffs’ request to extend the discovery period in the litigation. As a result, the plaintiffs’ lawyers will still need to complete their depositions by January 31, 2025. While this means that the plaintiffs’ lawyers may need to work overtime during the holiday season, it ultimately won’t have any impact on the MDL.

What will have an impact on the MDL is the judge’s decision to order the deposition of Jim Beasley. Mr. Beasley was a Bard employee at the time the company was developing its PowerPoint catheter device, and he is expected to be a key witness in the plaintiffs’ case.

November 8, 2024 – As we mentioned last week, the number of Bard PowerPort lawsuits is continuing to increase. We can now confirm that more than 200 new plaintiffs joined the Bard PowerPort multi-district litigation (MDL) in October. Even though this means there are now more than 700 PowerPort-related lawsuits pending against Bard, we firmly believe this is still just the tip of the iceberg.

November 1, 2024 – The number of Bard PowerPort lawsuits continued to increase throughout October. With some of the technical legal issues starting to get worked out in the background, now is a good time for new plaintiffs to come forward. Do you have questions about filing a Bard PowerPort lawsuit? If so, contact us today for a free, no-obligation consultation.

October 25, 2024 – Bard’s defense lawyers are currently squabbling over the deadlines that are currently in place under the scheduling order in the Bard PowerPort multi-district litigation (MDL). While the plaintiffs are seeking to extend some key deadlines to ensure that they have sufficient time to substantiate their claims, Bard is fighting to keep the current deadlines in place. This is typical—when plaintiffs want one thing, big defendants like Bard want the opposite. While it would be nice for the plaintiffs to get more time; ultimately, the reality is that it is already fairly clear that Bard is liable for the harm caused by its defective PowerPort devices.

October 18, 2024 – The Bard PowerPort multi-district litigation is currently in the discovery phase, and this means that while the plaintiffs are trying to assert their legal right to collect as much information as possible, Bard and its co-defendants are doing everything they can to keep their corporate records private.

In a recent hearing, for example, the judge heard arguments about the defendants’ efforts to redact numerous documents citing privileges and other protections. The judge also heard arguments about the plaintiffs’ efforts to gather information about the materials used to manufacture Bard’s PowerPort devices—ultimately ruling that the plaintiffs can seek the court’s assistance with gathering this information in the future if they discover that the defendants are withholding relevant documentation.

October 11, 2024 – This article in the National Law Review written by founding attorney Dr. Nick Oberheiden provides an overview of the Bard PowerPort litigation to date as well as a closer look at some of the issues that triggered the first catheter-related lawsuits against Bard. It is worth reading if you are just beginning to learn about your legal rights. Of course, if you have questions about filing a lawsuit, you should talk to an attorney, and we invite you to contact us for a free, no-obligation consultation.

October 4, 2024 – Nearly 100 people filed Bard PowerPort lawsuits in September. This brings the total number of lawsuits pending in the multi-district litigation (MDL) to more than 500. Given that nearly half of all lawsuits in the MDL have been filed in just the past two months, we expect the Bard PowerPort MDL to grow significantly in October as well. Is it time for you to take legal action? Contact us to find out for free.

September 27, 2024 – Depositions of Bard’s witnesses are underway in the PowerPort multi-district litigation (MDL). This is a significant step in the process, as it will (most likely) provide insight into what the company’s representatives knew and when they knew it regarding the serious health risks linked to the company’s PowerPort devices. As we’ve said before, if you think you may have a lawsuit, now is the time to take action, and we encourage you to contact us for a free, no-obligation consultation.

September 20, 2024 – While new filings in the Bard PowerPort litigation have slowed down in recent weeks, there are still many more potential plaintiffs out there. If you think you may be entitled to financial compensation for an infection, thrombosis, or any other medical complication diagnosed following the implantation of a Bard PowerPort catheter, now is the time to speak with a lawyer about your legal rights.

September 13, 2024 – There are no updates to report this week in the ongoing Bard PowerPort litigation. However, our lawyers are continuing to investigate potential claims, and we are continuing to accept new Bard PowerPort lawsuits. If you would like a free, no-obligation consultation about your legal rights, contact us today.

September 6, 2024 – August 2024 saw more than 100 new cases added to the Bard PowerPort multi-district litigation (MDL). This brings the total number of lawsuits in the MDL to more than 400.

A key issue in this particular MDL is what is known as “successor liability.” C. R. Bard, Inc. is the manufacturer of the PowerPort device that is the subject of the MDL, and this company was purchased by Becton Dickinson in 2017. While C.R. Bard, Inc. is a large company, Becton Dickinson is even larger—with a market cap of more than $65 billion. If the plaintiffs in the MDL can establish that Becton Dickinson holds successor liability as a result of acquiring C.R. Bard, Inc., this will have a significant impact on insurance coverage, settlement, and a wide range of other important issues.

August 30, 2024 – As we approach the end of August, hundreds of Bard PowerPort lawsuits remain pending across the United States. But, after last week’s long-awaited status conference update, this week we don’t have much to report. Again, the key thing you need to know is that it is not too late to take action, though the statute of limitations for some individual claims may be expiring. Do you have questions about filing a Bard PowerPort lawsuit? If so, schedule your free initial consultation today.

August 23, 2024 – The court held its long-awaited status conference last Friday. During the status conference, the judge and the lawyers for both sides touched on several topics, all of which indicate that the litigation is continuing to move forward toward an eventual settlement or trial. While many of the topics discussed could generally be classified as “housekeeping,” there was one particularly notable topic of discussion.

Becton Dickinson acquired Bard in 2017. The plaintiffs in the Bard PowerPort litigation have argued that Becton Dickinson is subject to “successor liability” as a result of the acquisition—and, as you might expect, Becton Dickinson’s lawyers have argued otherwise. During the status conference, the judge confirmed that the plaintiffs will be allowed to pursue their successor liability claims—at least for now—and that Becton Dickinson must disclose relevant documents during the discovery process.

August 16, 2024 – It is the day of the long-awaited status conference in the Bard PowerPort multi-district litigation (MDL). When we’ll learn the outcome of the status conference is anyone’s guess, but this is a significant milestone nonetheless. The litigation is making progress, and this means that plaintiffs’ claims are getting closer to a resolution.

What does this mean if you haven’t yet filed a Bard PowerPort lawsuit? The short answer is, “Not much.” The deadline for filing your claim is determined by the applicable statute of limitations—not anything that happens in court. With that said, your time to file a claim could be running out; and, the sooner you get involved, the sooner you can secure a resolution. To discuss joining the Bard PowerPort litigation with a lawyer at Oberheiden P.C., contact us for a free consultation today.

August 9, 2024 – The long-awaited August 16 status conference is finally getting close. Growing awareness of the litigation against Bard has sparked a recent increase in lawsuit filings as well. In the next few weeks, we anticipate hearing a trial date for the first bellwether trial, and news of this significant update will likely trigger another wave of filings as well.

New lawsuits continue to expose new concerns—and new risks—linked to Bard’s defective PowerPort devices. Plaintiffs have reported needing emergency surgery to treat a variety of serious, and in some cases life-threatening, conditions. These include cardiac arrhythmia, deep vein thrombosis, hemorrhages, and perforations, among others. While there are currently hundreds of cases pending, we anticipate that there are far more to come, and our lawyers are available to speak with you if you have questions or concerns.

August 2, 2024 – We are still awaiting the August 16 status conference in the pending Bard PowerPort litigation. Once this status conference takes place, we should eventually start to see some more activity, and the judge’s next scheduling order will give us an idea of when we can start to see some significant progress toward a potential bellwether trial. Ultimately, however, we still expect a global settlement to be in the cards, and plaintiffs should be working with their lawyers to determine how much they are willing to accept in a settlement.

If you aren’t yet a plaintiff in the Bard PowerPort litigation, you still have time to get involved. More plaintiffs are joining the litigation weekly, and there are now hundreds of lawsuits pending across the country. Our lawyers can determine if you have a claim (and, if so, how much you are entitled to recover), and we can handle all aspects of your lawsuit against Bard on your behalf.

July 26, 2024 – The Bard PowerPort multi-district litigation (MDL) is continuing to move forward, with the August 16 status conference getting closer by the day. While we aren’t seeing many public updates at this time, we expect this to change once the status conference takes place. This will give the judge and the lawyers on both sides more insight into the claims that are currently pending (and how Bard intends to defend against them), and this in turn will help to establish the timetable for the next stages of the proceedings.

While it may seem like the Bard PowerPort MDL is progressing slowly at the moment, this type of pace isn’t unusual at this stage of the proceedings. It is also important to note that more lawsuits are being filed every week. If you think you may have grounds to file a Bard PowerPort lawsuit (or don’t know and want to find out), we encourage you to contact us for a free consultation today.

July 19, 2024 – The federal judge overseeing the Bard PowerPort multi-district litigation (MDL) recently met with the lawyers for both sides to discuss discovery for the first planned test trials. With the next status conference scheduled for August 16, we may soon find out when these test trials will take place. As we discussed in last week’s update, test trials are common in complex MDL, and they can provide valuable insight for both sides regarding what they can reasonably expect in terms of settlement.

In preparation for the August 16 status conference, the judge has asked the lawyers for both sides to submit a list of the topics they would like to discuss. At present, we are anticipating that the status conference will cover topics primarily related to discovery, including access to electronic records and deposition scheduling. Since discovery can make or break both parties’ arguments, this is a critical stage in the litigation process that is often itself subject to detail-oriented arguments and intense negotiations.

July 12, 2024 – Dozens of new lawsuits were filed against Bard and its co-defendants in the PowerPort litigation over the past week, bringing the total number of cases to more than 350. The parties in the Bard PowerPort multidistrict litigation (MDL) also recently submitted their respective lists of cases that they believe may be suitable candidates for a test trial.

Test trials are common in large-scale multidistrict litigation, and they allow both parties to get an idea of what they could expect if the broader litigation were to go to trial in the future. As a result, a test trial is frequently a key step in the settlement process as well. If a test trial goes in the plaintiff’s favor, this can put pressure on the defendant to consider a settlement rather than taking the risk of facing a substantial judgment in court.

July 5, 2024 – While we saw some significant updates in the Bard PowerPort litigation in June, we are yet to see any major updates in July. Of course, we’re less than one full week into the month, and the federal courts close for Independence Day. According to reports, the total number of lawsuits filed against Bard had climbed to just shy of 300 by the end of June, and we are almost certainly above this figure now.

With the Bard PowerPort litigation currently in the discovery phase, and with the next status conference scheduled for Monday, July 8, we anticipate that the next updates will relate to the status of discovery and perhaps the timeline for the next stages in the process. Status conferences are typically routine proceedings; and, while unexpected issues can arise, the events to date suggest that the July 8 status conference will not involve anything out of the ordinary. We are continuing to accept new Bard PowerPort lawsuits; and, if you have questions about joining the litigation against Bard, we are more than happy to explain everything you need to know.

June 28, 2024 – The Bard PowerPort litigation is continuing to move forward as the parties prepare for the next status conference after the long Independence Day weekend on July 8, 2024. This is also when the parties’ joint memorandum is due. In addition to working on the joint memorandum, this week lawyers for both sides have been managing various pleadings and discovery-related tasks—all fairly routine activities for this stage of complex multi-district litigation (MDL).

But, while there may not be any notable developments in the Bard PowerPort litigation this week, Bard’s defective catheter devices continue to have major negative impacts on patients and families’ lives. This includes both patients and families who have filed lawsuits against Bard and patients and families that have not. If you have not yet talked to a lawyer about filing a Bard PowerPort lawsuit, you still have time, and we encourage you to contact us promptly for a free consultation.

June 21, 2024 – We’ve seen some significant activity in the Bard PowerPort litigation so far in June. New plaintiffs have joined the multidistrict litigation (MDL) against Bard, bringing the total number of lawsuits to more than 230. While everyone’s case is unique in terms of the specific harm suffered and costs incurred, all of the claims against Bard involve the same basic assertions that Bard’s PowerPort catheter devices are defective and present serious—and in some cases life-threatening—risks.

After the latest status conference in late May, the Bard PowerPort litigation began making more headway toward trial in June. Whether the litigation will go to trial or settle before trial remains to be seen. Bard is continuing to complain about the costs of discovery, while the plaintiffs’ lawyers and Bard’s lawyers are working together to prepare the joint memorandum that is due to the court on July 8, 2024.

Attorney for Bard PowerPort Lawsuit

At Oberheiden, P.C., we are committed to keeping you up to date about the latest in the Bard PowerPort lawsuits. We are experienced trial lawyers and are accepting claims from individuals seeking compensation.

Understanding the Bard PowerPort Catheter Lawsuits

• Bard manufactured catheter ports for medical use. The PowerPort implantable port is meant to ease catheter use when a patient has a recurring medical need.
• Lawsuits allege that the defendants used too much barium sulfate in the port devices. The chemical composition of the devices allegedly resulted in poor structural integrity, making it a defective Bard PowerPort device.
• Because of their chemical composition, these Bard PowerPort devices may perform poorly. Certain Bard PowerPort devices may break or otherwise cause bodily damage.
• Harm to patients caused by Bard PowerPort catheter devices has reportedly included infection, fracture, migration and thrombosis.
• Claims may be based on defective products and product liability, specifically defective device design, defective manufacturing or failing to adequately warn consumers of risks before use. 
• Plaintiffs question whether Bard adequately tested its products and whether the company appropriately handled adverse events. Plaintiffs say that Bard concealed failures and injuries, and that manufacturer reports of device failures through the FDA Alternative Summary Reporting (ASR) program were not public, including to healthcare providers, before 2019.
• In filing documents dated May 24, 2023, the plaintiffs reference a study of 93,756 people who received a port implant. They say the complication rate in a five-year period was 59.04% across all brands of port implant devices examined in the study.

New cases are continuing to be filed. Plaintiffs are seeking compensation for the financial losses, physical pain and emotional suffering that they have endured.

What is the lawsuit against Bard PowerPort catheters?

There are ongoing lawsuits against the company that makes the Bard PowerPort port catheter device. The Bard PowerPort lawsuits seek financial relief on the basis that the catheters are defective and that they have caused injury and harm. As of May 2024, 189 cases have joined in on the Bard PowerPort MDL in the United States District Court for the District of Arizona.

A person who has been injured may qualify to file a Bard PowerPort claim and receive compensation. Claims may also be based on fatal injury. If you or a family member have been harmed, you may be eligible for a monetary award.

At a Glance – The Bard Power Port Lawsuit

Type of Case: Product liability/Defective product

Basis of Case: Harmful and defective implanted port catheters, resulting in injury

Devices Involved: PowerPort catheters, Injection Ports, Port-a-Catheters, Port-a-Caths, implantable port

Case Name: IN RE: Bard Implanted Port Catheter Products Liability Litigation

Case Number: MDL No. 3081, 2:23-md-3081-DGC (with individual case names and numbers)

Judge: David G. Campbell

Date filed: May 24, 2023 (filing to transfer cases to multi-district litigation)

Is the Bard PowerPort lawsuit a class action?

No. The Bard PowerPort lawsuit is not a class action currently.

Is the Bard PowerPort lawsuit multi-district litigation?

Yes. Preliminary proceedings have been consolidated through multi-district litigation.

What type of case is the Bard PowerPort lawsuit?

The Bard PowerPort lawsuit is a tort product liability case. It is a type of personal injury claim. The main allegation in the case is that the defendant made a harmful product that caused injury.

Who are the plaintiffs in the Bard PowerPort lawsuit?

The plaintiffs in the Bard PowerPort lawsuit are individuals who claim to have been harmed because of defective PowerPort implant port devices.

Who are the defendants in the Bard PowerPort lawsuit?

Defendants named in the Bard PowerPort lawsuits are three affiliated business entities including C.R. Bard and Beckton (Bard), Dickinson and Company (BD) and Bard Access Systems, Inc. (BAS).

Is it too late to join the Bard PowerPort Lawsuit?

It is not too late to join the Bard PowerPort Lawsuit. People are continuing to enter cases as multidistrict litigation continues in 2024.

See docket entries for 12 related actions from February 20, 2024, to March 18, 2024. Examples are Rapp v. C.R. Bard, Inc. et al, 2:24-cv-00292, and Henderson v. C.R. Bard, Inc. et al, 2:24-cv-00139, both from Ohio Southern District Court.

Defendants may appear as:

• Bard Access Systems Incorporated
• Bard Peripheral Vascular Incorporated
• Becton Dickinson and Company
• C R Bard Incorporated
• CR Bard Incorporated
• Individual defendants
• Unknown parties

How do you get compensation from the Bard PowerPort lawsuit?

A victim who has been harmed by a Bard PowerPort device may seek financial compensation by bringing a claim. They must meet legal standards to show that the product they used was defective and that they have been harmed by its use. New claims are currently being filed.

Oberheiden P.C. is accepting Bard PowerPort lawsuits. Contact us to see if you qualify and learn how you can join this litigation.

Put our highly experienced team on your side

Dr. Nick Oberheiden

Founder

Attorney-at-Law

Lynette S. Byrd

Former DOJ Trial Attorney

Partner

Brian J. Kuester

Former U.S. Attorney

Hon. Kevin McCarthy

55th Speaker, U.S. House of Representatives (ret.)

Government Consultant

Mike Pompeo

Of Counsel

Former U.S. Secretary of State

John W. Sellers

Former Senior DOJ Trial Attorney

Linda Julin McNamara

Federal Appeals Attorney

Nicholas B. Johnson

Former Prosecutor

Roger Bach

Former Special Agent (DOJ)

Chris J. Quick

Former Special Agent (FBI & IRS-CI)

Michael S. Koslow

Former Supervisory Special Agent (DOD-OIG)

Ray Yuen

Former Supervisory Special Agent (FBI)

Latest Case Updates

First case activity: Plaintiffs filed their initial claims in local District Courts including in New Mexico, Missouri, Arizona, New Jersey and Kansas. Then, on May 24, 2023, plaintiffs filed a Motion to Transfer with Brief in Support regarding multidistrict litigation.

Latest case activity: May 24, 2024

Note: There have been later actions in individual cases, for example an answer to complaint with jury demand filed by defendants and waivers of service for various defendants. These are standard and expected filings.

Timeline of Case Developments In re: Bard Implanted Port Catheter Products Liability Litigation

Journal of significant developments in litigation, with the most recent orders stated first.

Scheduled – Eighth Case Management Conference – July 9, 2024

The Eighth Case Management Conference is scheduled to be held on July 9, 2024, at 10:00 a.m., Arizona time. The conference will be held virtually.

The parties are directed to file a joint memorandum by 11:00 a.m. the day before to address the topics identified in the seventh Case Management Order.

Seventh Case Management Conference – May 24, 2024

Judge David G. Campbell issued Case Management Order No. 23 regarding the Seventh Case Management Conference. The order applies to all actions joined in the matter.

The case management order informs various discovery timelines. Items discussed include:

• Search terms for electronic document production. A deadline of July 1, 2024, was set for the first 30 custodians, with a second deadline of August 15, 2024, for the second custodians. Parties will continue to discuss issues.
• Deadlines for completion of various search tasks. Currently, there is no agreement on a DocuShare production deadline.
• Discovery of communications and discussions regarding adverse events relating to product use.
• Individual case matters, including clarifying information and plaintiff production of medical records.
• Matters relating to port body plaintiffs. Amending paperwork to include claims relating catheter port and design. At this time, port body plaintiffs may be chosen for bellwether claims, but additional issues may be addressed further.
• Stipulation regarding successor liability. So far, no stipulation has been reached.
• Agreements on categories of documents including non-IPC devices, ethanol locks and foreign discovery.

What’s a case management conference?

The purpose of a case management conference is to ensure that litigation is progressing and is being conducted fairly. The parties may discuss and create timelines for production of evidence and information that may be relevant to the case. They may agree on what will be produced. They may also discuss procedural matters including amending paperwork and categorization of individual plaintiffs with specific issues.

Plaintiff’s Notice of Service of Discovery – May 23, 2024

Co-lead plaintiffs submitted notice of service of discovery documents.

Joint Memorandum Regarding Issues to Address at Case Management Conference – May 22, 2024

The parties submitted a memorandum of issues to address at the upcoming case management conference.

Sixth Case Management Order – May 13, 2024

The court issued its sixth case management order on May 13, 2024, following a hearing on May 10.

Items discussed were:

• Completion deadlines for non-custodial discovery, including dates in June, July, and August 2024.
• Some items were not resolved, but the parties were directed to discuss them at the next scheduling conference.
• How to minimize or eliminate discovery on successor liability through stipulation.
• Scope and cost of discovery, with defendants expressing concern about the volume of discovery.
• Plaintiffs who have not produced profile forms. The court indicated that cases without completed forms will not be chosen for bellwether trials.
• Production of medical records from certain cases.
• Inconsistencies in some discovery produced by certain plaintiffs.

The court concluded with scheduling another conference on May 24, 2024, to be held via teleconference.

Case Management Order No. 20 – Preservation Order – April 4, 2024

The court entered an order regarding production and handling of certain materials, and a requirement to notify if a plaintiff plans to undergo surgery to revise, explant or remove a device.

Fifth Case Management Conference – March 29, 2024

The court conducted its fifth Case Management Conference and issued a subsequent order on April 4, 2024. The court agreed to seal certain documents and set a seven-hour limit for depositions.

Fourth Case Management Conference – March 5, 2024

The court held a fourth case management conference and issued a subsequent Case Management Order. Issued discussed included:

• An amended master complaint to add port reservoir claims, by March 27, 2024. Plaintiff Profile Forms should be amended accordingly.
• The extent of discovery and whether it is disproportionate to the number of plaintiffs joining the case. The court referenced a previous multidistrict litigation matter and noted its growth rate when declining to change discovery expectations.
• The court declined to adopt two defense proposals regarding limitations. The limitations sought related to the number of ESI (electronically stored information) custodians and written discovery being allowed by the plaintiffs only with leave of the court.
• The court issued timelines regarding ESI custodians, search terms and production.

Corporate Disclosure Statements – December 12, 2023

Corporate disclosure statements identified C.R. Bard, Inc. as corporate parent for Bard Access Systems, Inc. and Bard Peripheral Vascular, Inc.

Related Cases Entered – August 18, 2023

After the initial motion to transfer was accepted, additional cases entered from transferee districts. From August 18, 2023, cases continue to be added as they arise.

Initial Motion to Transfer – May 24, 2023

10 plaintiffs filed a motion to transfer claims to multidistrict litigation. The court issued a Transfer Order allowing the transfer. The court said that transfer to multidistrict litigation was appropriate because:

• The cases involve common questions of fact
• Centralization of the cases in the District of Arizona will be convenient for the parties
• It will promote just and efficient litigation procedures
• Future actions are likely to share factual questions
• It may reduce duplicative discovery
• It may prevent pretrial conflicts
• Inconsistent rulings on the admission of expert testimony under the Daubert framework can be avoided
• There were already 50 actions pending in 28 districts at the time of filing

The defendants replied on June 23, 2023. They opposed centralization of the cases, citing individual factual issues. The court chose the District of Arizona because one action was pending there, and because the defendant alleged a significant business presence there, indicating the availability of witnesses. They also cited the judge’s handling of MDL No. 2641, which is product liability litigation involving a different Bard medical device.

See MDL 3081 – Transfer Order, Filed August 8, 2023

Issues and Problems with PowerPort Implantable Ports

Bard Access Systems, Inc. (“BAS”) says that its PowerPorts “set the standard for performance and reliability.” The company says that its PowerPort products are biocompatible, using a medical-grade radiopaque silicone construction, with a combination of silicone and barium sulfate. However, consumers have reportedly encountered a range of issues and problems, which may cause complications.

At issue is the use of a medical grade polyurethane material. Plaintiffs say that there is a flaw in the chemical composition of the material, leaving it weak and fragile. They say that the devices are prone to fracturing and migration, causing a range of medical complications, which may be life-threatening.

Types of Bard PowerPort implant injuries:

Infection

A patient may have an infection at the pocket site, in the catheter tunnel or in the blood stream, including Staphylococcus aureus. Fever and inflammation are signs of infection. Recognition of the infection and prompt port removal may be critical.

Catheter fracture

The catheter may fracture, breaking into pieces or causing small pieces to break away. A fracture may result in shortness or breath, pain and syncope. Some patients are asymptomatic, despite a fracture being a life-threatening emergency.

Catheter migration

Catheter migration is a type of mechanical complication with catheter use. It occurs when pieces of the catheter migrate in the body. It can be a serious problem leading to severe neurological complications. MRI imaging may be needed to identify the migration.

Thrombosis, blood clots

Catheter-related thrombosis is an irritation or inflammation of the vein wall, forming a blood clot. It can occur because of the use of a catheter or catheter port. A patient may have risk factors that make thrombosis especially likely.

Vein and blood vessel damage

Veins and blood vessels may become mechanically damaged. The surface of the catheter may cause mechanical friction, leading to the damage. Blood vessels may suffer necrosis. Insufficient blood supply may cause tissue death. Other vascular damage may occur.

Other complications

A person may experience pain, bleeding, allergic reaction, a variety of cardiac problems, lacerations and other trauma.

When did the Bard PowerPort recall occur?

On March 26, 2020, the FDA issued a recall for three types of PowerPort Implantable Ports. The recall involved the following devices: 1709600 Lot #s: RECT0088; 1709601 Lot #s: RECU1601; 1759600 Lot #s: RECS1276. The recall affected both attachable and pre-attached single lumen venous catheters.

The recall was terminated on February 18, 2022 and currently is not an issue in the ongoing Bard PowerPort litigation.

About Bard PowerPort Catheters Multidistrict Litigation

The Bard PowerPort defective products litigation is currently in preliminary phases in multidistrict litigation. While each plaintiff has their own story and ways that they have been harmed by the catheter port use, many issues in the claims are duplicative. Discovery will be similar for each case. For this reason, cases have been consolidated for preliminary proceedings.

Is that like a class action?

No. Each case will still be decided individually. Plaintiffs still have their own authority to accept a settlement or go to trial. Once preliminary stages are complete, a couple of cases will be selected as bellwether cases. These cases may proceed to trial to see how juries decide them. The results of these cases will help the parties decide if they want to settle most of the claims or proceed to trial.

What is the expected settlement of the Bard PowerPort lawsuit?

A plaintiff may seek compensation for a Bard PowerPort lawsuit based on their individual losses and harms. The amount awarded should be proportional to the financial losses and personal suffering sustained by the victim. For example, if a plaintiff has suffered $500,000 in economic and non-economic damages, they may claim the amount in compensation from the Bard PowerPort settlement.

What is the Plaintiff Fact Sheet for the Bard PowerPort litigation?

The Plaintiff Fact Sheet is a form that each plaintiff must complete when joining the Bard PowerPort multi district litigation. The purpose of the form is to provide the defense with fair and uniform information for each plaintiff. The plaintiff must complete the form under oath.

The Bard PowerPort multidistrict litigation Plaintiff Fact Sheet includes:

• The name of the plaintiff and name of the person completing the form, if different
• Residential address, spouse and marriage information, children and others living in the household
• People living with the plaintiff when a device was implanted, if it was implanted more than 10 years ago
• Educational and employment history
• News, television, social media and other advertisements the plaintiff saw before filing
• Communications received regarding possible claims
• Medical information including when the plaintiff first experienced symptoms of bodily injury
• Current medical care for bodily injury or symptoms, medical records
• Whether the plaintiff seeks compensation for lost wages or earning capacity
• Medical procedures after implantation of the device
• Damages sought in the claim

About PowerPort Catheters

More than 300,000 people are estimated to receive a port implant each year in the United States.

People needing medical care may need substances delivered intravenously. A flexible tube is used to introduce substances into the veins, including fluids, electrolytes, medication and blood.

A PowerPort, port-a-cath, or catheter port, is a device that makes it easier to use a catheter. It is a medical product that is placed under the skin. It makes it easier to attach the catheter to enter the blood stream, possibly reducing the need for needle sticks. The catheter can be easily changed, and a needle can be inserted for fluid administration and other procedures.

Once inserted, a catheter port can stay in place for a significant time. Generally, ports are used when a person is expected to need long-term and repeated care. Rather than search for veins, and use different access points throughout the body, veins can be accessed repeatedly through the port.

Attorney Consultation for Filing a Bard PowerPort Lawsuit

You can talk with an attorney for PowerPort lawsuit claims at a consultation. Let us answer your questions and discuss if you may be eligible to receive monetary compensation.

At Oberheiden P.C., we are experienced litigation attorneys, committed to excellence. We are a team of accomplished former prosecutors and government officials and career litigators.

Talk to a Lawyer – Start Your Case Today

Talk to a lawyer about filing a PowerPort lawsuit today. Time limits apply, so do not wait to schedule a free consultation. Call (866) 781-9539 or message us online.

Sources

Funaki, Subcutaneous Chest Port Infection, Semin Intervent Radiol

Hamad, Retrained Fractured Fragment of a Central Venous Catheter: A Minimally Invasive Approach to Safe Retrieval, Ethiop J Health Sci

National Cancer Institute, port-a-cath

MedicalNewsToday, Everything to know about portacaths

U.S. Food & Drug Administration, Class 2 Device Recall Power Port Implantable Port

Index of Case Management Filings

A complete list of Case Management Orders is provided online by the United States District Court District of Arizona.

Further Information About Our Bard PowerPort Lawsuit Services

• Bard PowerPort: FDA Information
• Bard PowerPort Primary Side Effect
• Bard PowerPort Recall Information
• Bard PowerPort Settlement Amounts
• Do I Need a Lawyer to File a Bard PowerPort Lawsuit?

Last Updated: 09-07-2025

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The content on this site is informational only and describes mere allegations. The content does not suggest evidence, proof, or guaranteed liability. The merits of each case depend on specific facts. Prior results do not guarantee similar outcomes in future cases. For more details, please see our FTC and general disclaimers. Oberheiden Law is the law firm in charge.