Bard PowerPort is a drug delivery device that uses a catheter to deliver fluids and medications. For the unversed, the Bard PowerPort is a part of the US vascular devices and accessories market, which stood at $5.2 billion in 2022. This sector is expected to grow at a CAGR of 2.5% to reach $6.2 billion.
The Bard PowerPort has been used in thousands of patients since its approval by the FDA. In 2020, however, Bard received a warning letter from the FDA regarding issues with the Bard PowerPort. The letter stated that there were risks associated with complications related to device use.
In this article, we will go through what these health complications are. We will also discuss the lawsuits filed against the Bard PowerPort manufacturer.
The Alleged Defects of Bard PowerPort
Bard PowerPort is a peripheral vascular access device used to deliver medication to patients. It has been associated with serious complications, including severe bleeding and death. The device is used in the coronary and peripheral arteries, including arms and legs.
Bard PowerPorts can be single or double-lumen and can withstand higher injection pressures. They are used to give chemotherapy or medicine into a vein or to take blood samples. They can be extremely helpful in ensuring the medication quickly gets inside your body. However, there have been issues associated with these catheters.
According to TorHoerman Law, it is associated with health concerns like migration, fracture, deep vein thrombosis, blood clots, etc. The FDA recalled the product in March 2020 and later terminated the recall in May 2022. However, people who suffered from any injury due to the use of the Bard PowerPort catheter are still filing cases against the manufacturer.
This port catheter lawsuit alleges that manufacturers failed to warn the users about the potential damages associated with the device. Hence, they are filing product liability cases to seek rightful compensation for the troubles they have faced.
Currently, there are around 50 cases consolidated into multidistrict litigation (MDL). The lawsuits were consolidated to ensure the hearings proceeded smoothly. Many more people continue to file lawsuits, as attorneys across the US still accept these cases.
The Legal Landscape
The Bard PowerPort has been the subject of several lawsuits. As of November 2023, there are 62 lawsuits in the Bard PowerPort class action. The lawsuits allege that the Bard PowerPort implantable catheter devices are defective.
The lawsuits claim that the devices may fracture or migrate, causing serious and potentially fatal injuries. The alleged injuries include blood clots, blood infections, embolisms, organ damage, and thrombosis.
The lawsuits also allege that the defendants used too much barium sulfate when making the Chronoflex Catheter. This made the polyurethane too thick. The Bard PowerPort is an implantable catheter device that allows intravenous medication delivery. It has a triangular shape with three bumps on top of the septum.
The Bard PowerPort lawsuits have emerged recently. However, it is not new for Bard. The company has faced many such lawsuits in the past. 2014, for instance, it faced allegations about its defective pelvic mesh products. The company settled these lawsuits for $21 million.
In July 2023, lawyers said Bard’s PowerPort devices could generate at least 10,000 lawsuits. As the number of lawsuits increases, so will the settlement amount. However, the amount is not fixed yet. How much settlement amount an individual receives will depend on various factors. For instance, the severity of the condition, lost wages, medical expenses, etc., can influence the final settlement amount.
Recent Updates in the Bard PowerPort Lawsuits
Since the first Bard PowerPort lawsuit was filed, the number of lawsuits has grown substantially. Most recently, the judge hearing the Bard PowerPort MDL cases ordered the parties to collaborate. The parties were supposed to submit the following orders by October 27, 2023:
- Proposed protective orders
- Preservation orders
- Electronic discovery orders
Some cases have also been settled recently. A Florida resident who suffered from a fractured catheter filed a lawsuit. She had to undergo emergency surgery to remove the parts. The plaintiff got compensation for medical negligence and failure to warn users about the potential risks. She received $3,600,000 as compensation after the judge passed the decision in her favor.
Patient Advocacy
Patient advocacy groups can be a valuable resource for patients, as they can help you understand the legal landscape. They can also help find a lawyer who will work on your behalf. Anyone facing issues related to infections, deep vein thrombosis, bleeding, etc., is eligible to file a lawsuit. Patient advocacy groups include the following:
- The National Center for Health Research (NCHR) is a nonprofit organization that conducts independent research on medical treatments, devices, and drugs. It also promotes transparency in health care by informing patients about their treatment options and sharing results with policymakers at all levels of government.
- The American Association for Justice provides legal resources for personal injury cases. You can also find many documents and articles about the Bard PowerPort lawsuits online.
Patient advocacy efforts may focus on the following:
- Information and support: Providing affected individuals information about the lawsuits, their rights, and potential avenues for compensation. Offering support services to help patients cope with their physical, emotional, and financial challenges.
- Awareness and education: Raising awareness about the risks associated with the medical device. Educating the public, healthcare professionals, and policymakers about potential concerns and the need for improved safety measures.
- Policy advocacy: Engaging with policymakers and regulatory bodies to advocate for changes in medical device regulations. Pushing for increased transparency, better post-market surveillance, and more stringent safety standards.
- Legal advocacy: Assisting affected individuals in navigating the legal process. Collaborate with legal professionals to ensure that patient’s rights are protected and that they have access to fair compensation.
Regulatory Oversight
The FDA is one of the main regulatory bodies overseeing medical devices. In fact, they are responsible for regulating medical devices in the United States and enforcing compliance with federal laws.
In this case, the FDA ensures that companies like Bard Labs have followed proper procedures when manufacturing and selling their products. And if they haven’t, then it falls upon them to investigate the matter further.
The agency also ensures that any products sold on the market are safe for consumers and patients. If a product causes harm or injury due to defective design or manufacturing errors, it may be recalled from sale. However, this isn’t always necessary, depending on how severe those issues were in relation to how many people they affected.
Conclusion
We hope this article has helped you better understand the Bard PowerPort litigation landscape. If you or someone you care about suffered from complications caused by this device, please contact an attorney today. They can guide you through the process as you move forward with your investigation into these cases.
