The Bard Power Port is a medical device used in cardiac surgery and cardiology to deliver blood and drugs to the heart. The Bard Power Port was first approved by the U.S. Food and Drug Administration (FDA), but it has been subject to controversy over its safety.
In fact, some patients have even filed lawsuits against the manufacturer C.R. Bard. In this article, we will go through the proceedings in these Bard Power Port lawsuits.
Table of Contents
Understanding Bard Power Port
The Bard Power Port is a medical device used to deliver chemotherapy drugs directly to the heart muscle. It’s implanted in the chest and connected to the heart via an artery near the collarbone. This allows doctors to administer chemotherapy through an intravenous (IV) line or pump.
The Bard Power Port is used most often for patients who have cancer that has spread outside their original tumor site. It can be implanted during open-heart surgery or laparoscopic surgery. The device itself contains two ports: one for delivering medication and another for removing blood samples.
Emergence of the Lawsuit
The Bard Power Port is a medical device used to provide patients with intravenous access. The device is inserted into the patient’s vein, and a catheter is then inserted into it. This allows doctors to administer drugs and fluids through an IV line without accessing other veins in the body.
The Bard Power Port was first approved by the FDA in the 2000s and has been implanted in thousands of patients since then. However, there have been several safety concerns surrounding its use since its release.
In fact, data shows that C.R. Bard can face over 10,000 lawsuits for its Bard Power Port devices. These lawsuits have been generated because of the possibility of device damage or fracture within the body.
Allegations and Concerns
Many patients who have received the Bard Power Port are now suing the manufacturer for failing to warn them about its risks. These concerns over the device’s fracture or damage have been witnessed by many over the past years.
According to TorHoerman Law, the plaintiffs allege that defects in the devices can result in severe health injuries. The concern is that some parts of the catheters are susceptible to fracture and migration. This can lead to deep vein thrombosis, necrosis, damage to blood vessels, etc.
This has been seen in several instances. For instance, one of the most recent incidents was when a fractured part of the device lodged in the heart. The patient had to undergo multiple surgeries to get the port fragment removed. Since the fragment pierced one of the heart’s chambers, it could have also resulted in the patient’s death.
Similar concerns have been raised for the past several years now. FDA first recalled the device in March 2020 but then canceled the recall in May 2022. However, several cases are still being filed. Anyone who has faced any such problem after using the device is eligible to file a Bard Power Port lawsuit.
Legal Proceedings
The Bard Power Port lawsuits have been increasing over time. The recent updates show that around 50 cases were consolidated into multidistrict litigation (MDL). MDLs are created to ensure smooth proceedings of similar types of cases.
The Judicial Panel on Multidistrict Litigation consolidated these cases into MDL no: 3081. The consolidation was approved in the US District Court for the District of Arizona.
Furthermore, the plaintiffs also requested leadership in the MDL. Hence, Judge Campbell appointed some attorneys of the plaintiffs into MDL leadership roles. The requested structure called for three head co-lead counsels. Rebecca Phillips, Adam M. Evans, and Michael Sacchet were selected to be the three co-lead counsel.
Besides the three co-lead lawyers, another 36 attorneys were requested for the following roles:
- 11 for various roles on the Plaintiffs’ Executive Committee (PEC)
- 13 for roles on the Plaintiffs’ Steering Committee (PSC)
- 12 to serve on various sub-committees
How to Find the Right Lawyer
There are over 1.3 million lawyers in the USA. How would you select the right attorney for your needs? Here are some things to consider when finding the right lawyer for your case.
- Identify Your Needs: First, you need to understand the specific details of your Bard Power Port lawsuit. Make sure you know why you are filing the lawsuit and what you hope to achieve. This will help you find a lawyer with relevant experience.
- Research: Conduct thorough research to identify lawyers who specialize in medical device or product liability cases. Use the following resources:
- Bar Association: Check with your state’s bar association for a list of licensed attorneys.
- Online Directories: Websites like Avvo, FindLaw, and Martindale-Hubbell provide attorney directories and ratings.
- Referrals: Ask friends, family, or healthcare professionals for recommendations.
- Legal Aid Clinics: Contact local legal aid clinics or organizations that may provide referrals.
- Check qualifications: Verify the qualifications and credentials of the lawyers you’re considering. Look for lawyers who have experience in handling medical device or product liability cases. Check for their:
- Educational background.
- State bar admission.
- Specialization in medical device litigation.
- Experience: Experience is crucial when dealing with complex medical device lawsuits. Choose a lawyer who has a track record of successfully handling cases similar to yours. Ask the following questions:
- How many Bard Power Port cases have they handled?
- What were the outcomes of those cases?
- Do they have experience in negotiations and litigation?
- Reputation: Look for online reviews and testimonials from former clients. Check the lawyer’s disciplinary history with the state Bar Association. An attorney with a good reputation and positive client feedback is more likely to represent your interests effectively.
- Consultations: Schedule initial consultations with potential lawyers. These consultations are usually free, and they allow you to discuss your case and assess the lawyer’s communication style, approach, and willingness to take your case.
- Communication: Effective communication is essential in a legal case. Ensure that you can communicate openly with your lawyer and that they are responsive to your questions and concerns.
Conclusion
Bard Power Port lawsuits have been filed by patients who suffered serious complications from the device. If you have faced any such issues, you can also file a case and fight for justice. If you win the case, you can seek compensation for your sufferings. The settlement amount may vary based on factors like the severity of the health condition, lost wages, medical expenses, etc.