In-Depth Analysis of the Bard PowerPort Lawsuit

Recent time has seen one of the largest multi-district litigations (MDL) caused by the Bard PowerPort, also known as BardPort, a device manufactured by Bard Access Systems, Inc. As of December 2023, there have been 64 lawsuits filed by patients who have used this device. With increasing awareness among patients and doctors about the harm caused by these devices, it is predicted by lawyers that the number of Bard PowerPort lawsuits will increase. To file a lawsuit of this kind, one would need the professional assistance of a Bard PowerPort injury lawyer.

To comprehend the reason behind these lawsuits, one needs to understand the device in question. The Bard PowerPort is a port/catheter system that is implanted under a patient’s skin, typically in the arm or chest area. This device enables the repeated administration of medication, blood products, parenteral nutrition solutions, and intravenous fluids into the body’s vascular system. However, the device, which is designed to aid in medical treatments, ended up causing harm to patients.

The legal argument put forth is that there is a defect in the catheter’s tubing. This defect, due to the presence of barium sulfate in the ports, allows the tubing to break off. When these parts crack or break, they can enter the body, leading to complications, infections, and internal injuries. The fact that the device is implanted under the skin makes it difficult to validate these claims. However, with the correct collection of evidence, it is possible to win your claim.

Eligibility for the Bard PowerPort Lawsuit

In order to file this lawsuit, the following eligibility criteria are to be met:

• The BardPort must have been implanted under your skin either currently or in the past.
• You must have experienced an illness or injury due to the device.

Upon meeting these requirements, one can then proceed to contact an injury lawyer. It is crucial to act promptly in filing this lawsuit, as there are time limits within which you must file a lawsuit following an injury, failing which you lose the right to claim. More about this duration limit can be learned here.

Filing a Bard PowerPort Lawsuit

The ultimate goal of filing a Bard PowerPort lawsuit is to hold Bard Access Systems, Inc. accountable for the harm caused by their device and to secure compensation for the injuries or illnesses caused by it. Upon hiring a Bard PowerPort injury lawyer, they would proceed with the following steps:

Case Review

The lawyer would first review the case to ascertain its validity. This service is usually provided free of charge.

Evidence Collection

After confirming the validity of the case, the lawyer would then gather essential evidence to support your claim. This may include medical notes from the doctor who treated you and implanted the device. The doctor must also be willing to testify on your behalf. The lawyer would also need to prove that the Bard PowerPort directly caused your medical complications. This evidence is crucial for winning your case in court.

Filing the Lawsuit

Upon securing sufficient evidence, the lawyer would then handle the necessary paperwork to formally file the lawsuit within the prescribed time limit.

Settlement Negotiation

Following the filing of the lawsuit, the lawyer would then negotiate a settlement with the manufacturer. More about settlement negotiations in personal injury lawsuits can be found here. The settlement amount would be determined based on various factors such as:

• Your medical expenses
• The severity of your injury
• The strength of the evidence provided
• The experience and skills of your attorney