December 6, 2024
The Bard PowerPort MDL case management conference this week saw several updates. The deadlines for fact discovery were extended to February 28, 2025, with expert disclosures due in March and April, and expert depositions wrapping up by July 25, 2025. The court addressed procedural issues and issued a show cause order for non-compliance in one case. The next conference is scheduled for January 16, 2025.
December 3, 2024
New case filings slowed in November, with 93 new cases added, bringing the total to 813.
November 26, 2024
A California man’s estate filed a lawsuit, claiming that his Bard PowerPort device caused complications leading to death. The case seeks compensation for medical bills but not wrongful death.
November 21, 2024
An agreement was reached on successor liability, treating Bard and its parent company, Becton, Dickinson, as a single entity for liability purposes. Some discovery requests were withdrawn in exchange for this change.
November 12, 2024
During the 11th case management conference, the court set deadlines for depositions and responses to discovery requests and denied the plaintiffs’ request for an extension on the fact discovery period.
November 6, 2024
A key issue in the MDL revolves around whether Becton, Dickinson should share liability for the PowerPort-related claims due to inheriting the product line. A ruling in favor of the plaintiffs could increase compensation.
October 22, 2024
Plaintiffs’ lawyers sought to extend deadlines for discovery and expert disclosures, while Bard’s attorneys opposed this, claiming delays were the plaintiffs’ fault.
October 8, 2024
Over 50 lawsuits against AngioDynamics were consolidated into a multidistrict litigation (MDL) over defective port catheters, similar to Bard PowerPort issues.
PowerPort Complications & Lawsuits
Bard PowerPort catheters, intended for chemotherapy and similar treatments, have been linked to serious complications, including fractures, infections, and migration. Several lawsuits have been filed against Bard, claiming these devices caused severe health issues, some requiring emergency surgeries.
Lawsuit Allegations
Plaintiffs have claimed that Bard knew about the potential defects but failed to warn healthcare providers or the public. Some lawsuits suggest the company used regulatory loopholes to hide device failures from public view, which led to significant health risks for patients.
Legal Outlook
The litigation is progressing through the MDL process, where cases are consolidated for efficiency. Test trials are expected to set a precedent for how future cases will be handled.
Mass Torts vs. Class Actions
In mass tort lawsuits, each individual retains control over their case, which is suited for those with distinct damages. Class actions, on the other hand, involve collective claims, with decisions made by a lead plaintiff and legal team. Mass torts are better when damages vary, while class actions are quicker and more resource-efficient when the damages are similar.
Conclusion
If you’ve been impacted by a Bard PowerPort catheter, it’s essential to stay informed about the ongoing litigation and your legal options. The process may be complex, but it can lead to compensation for your injuries.
