Bard PowerPort Mass Tort Marketing Campaigns for Lawyers

Preparations continue for the second bellwether trial in the Bard PowerPort MDL, which is scheduled to begin on August 18.

 
The plaintiff, May Lattanzio, alleges that design defects and the use of barium sulfate in the material of her catheter caused cracks and fissures that allowed bacteria to cling to the device, leading to severe bloodstream infections and sepsis.

 
The parties have filed their proposed verdict form that is given to each member of the jury to answer questions about the case, including whether they think the defendant caused the plaintiff’s injuries and whether the plaintiff should be paid money damages.

 
The litigation increased by 472 cases from the previous month, bringing the July total to 3,848 active claims filed by those claiming injuries from Bard’s port catheter devices due to defects that caused the catheters to fracture.

The plaintiff in the first Bard PowerPort lawsuit bellwether trial, Robert Cook of Minnesota, is asking the U.S. District Judge presiding over the litigation to grant him a new trial, arguing that the jury was given improper instructions that led to a verdict favoring the defense.

 
A jury in the U.S. District Court for the District of Arizona found that Becton Dickinson and Company and other defendants were not liable for claims involving failure to warn about potential PowerPort risks and failure to instruct, as well as consumer fraud. However, the jury was deadlocked on whether the port catheter was defectively designed.

 
Cook filed a motion for a mistrial, seeking a new trial and a judgment as a matter of law. The motion argues that the defense verdict and deadlocked jury were due to faulty instructions.

“Plaintiff seeks a new trial on all four claims because the Court coerced a verdict by instructing the jury that unanimity was not required and failing to correct the jury’s misimpression that deliberations had a deadline. Moreover, the instruction permitting a partial verdict was premature and legally incorrect.”

 
The motion points out that the jury was told that the trial would end by May 8, pressuring them to turn over a verdict. It also notes that Cook’s attorneys objected to the instructions on design defect, failure to warn or instruct, and superseding cause.

 
During deliberations, the jury had to repeatedly ask for clarification on those same issues, which the motion claims supports the contention that the instructions were inadequate and unclear. Cook noted that the jury’s partial verdict followed only 11 hours of deliberations.

 
As of June 1 there were 3,376 active lawsuits in the Bard PowerPort MDL, an increase of 189 from the previous month. The judge overseeing the MDL entered an order scheduling the next bellwether trial for August 18.

In the first Bard PowerPort MDL bellwether trial, a jury in the U.S. District Court for the District of Arizona found that Becton Dickinson and Company and other defendants were not liable for claims involving failure to warn and failure to instruct, as well as consumer fraud.

 
The jury could not reach a unanimous verdict on whether the Bard PowerPort was defectively designed or whether the companies engaged in unlawful trade practices.

 
The plaintiff, Robert Cook of Minnesota, was hospitalized for six days in 2022 after his Bard PowerPort catheter became infected, delaying chemotherapy treatments for colorectal cancer and requiring surgery to remove the port catheter. He alleged that the defendants were liable for his injuries and failed to warn him of design defects and associated risks of PowerPort catheters.

 
“We’re obviously disappointed, but the goal of this process was to give me the chance to tell my story in the hopes that a change is made and that other people don’t have to suffer what I went through,” Cook said. “To that end, I think we were successful.”

 
The design defect claim could be decided in future bellwether cases, with trials scheduled for July 7, August 18, October 13, and December 1, 2026, with February 2, 2027.

The first of six Bard PowerPort bellwether trials, Cook v. Becton, Dickinson and Company, got underway in Arizona federal court. Presided over by Judge David G. Campbell, the trial addresses claims that defective polyurethane catheters caused serious infections.

 
The plaintiff in the first trial, Robert Cook of Minnesota, was hospitalized for six days in 2022 after his Bard PowerPort catheter became infected, delaying chemotherapy treatments for colorectal cancer and requiring surgery to remove the port catheter.

 
During opening statements, Cook’s attorney said Bard knew of the risks associated with its products for decades and took no action to improve safety or warn physicians and patients. His attorneys told the jury that Bard had developed safer technologies, including antimicrobial coatings and smoother catheter materials, as early as 2005, but repeatedly shelved them.

 
Additional bellwether trials are scheduled for July 7, August 18, October 13, and December 1, 2026, with a final trial set for February 2, 2027. These trials will determine how juries assess the risks associated with the Bard PowerPort, potentially influencing future settlement negotiations.

U.S. District Judge David G. Campbell in Arizona, who is overseeing the Bard PowerPort MDL, issued a ruling that partially excluded testimony from two medical experts for the plaintiffs, Dr Darren Hurst and Dr. Jeffrey Weinstein. The two radiologists will still be permitted to testify in important areas but are barred from doing so on subjects the judge deems are beyond their clinical expertise including alternative engineering designs, corporate knowledge, or calculating corporate complication rates. The two may testify on whether known risks were disclosed in product labeling.

 
A plaintiff who had been selected for one of the first federal Bard PowerPort bellwether trials, due to begin in July, has died of cancer.
Plaintiffs’ counsel indicated they were unable to complete a preservation deposition before her death because she was uncommunicative. The woman’s claim will now be controlled by her estate.

 
The first federal bellwether trial remains scheduled for April 21, involving a different plaintiff. Additional bellwether trials are set for August, October, and December 2026, and February 2027.

The Bard PowerPort MDL stood at 2,674 pending lawsuits at the beginning of February, an increase of 129 from the previous month. The cases are consolidated in Arizona federal court before Judge David G. Campbell.

 
The court has begun to rule on case-specific motions for the first bellwether trial, scheduled to begin on April 21, 2026. Both sides selected Cook v. Becton, Dickinson and Co., et al. to be heard first.
The plaintiff, Robert Cook, alleges his Bard PowerPort device became infected and had to be surgically removed less than a month after it was implanted.

 
The court has excluded several of the opinions of defendants’ experts who claim that the infection was not caused by the defective port.

 
Additional PowerPort trials are scheduled through early 2027, allowing juries to hear evidence on allegations involving catheter fracture, migration, and infection injuries linked to the PowerPort device.

Under an updated schedule approved by the court, the first bellwether trial in the Bard PowerPort MDL is set to begin on April 21, 2026. A total of six Bard PowerPort bellwether trials are scheduled to be held through February 2027.

 
The plaintiff in the first case, Robert Cook, filed a lawsuit in September 2023, alleging that a PowerPort implanted for chemotherapy was determined to have an infection in its port catheter less than a month later, requiring IV antibiotic treatment. Cook and other plaintiffs claim Bard tried to actively conceal problems from the public and federal regulators.

 
At the start of January, the Bard Power Port MDL included 2,545 pending cases, with 2,694 total cases overall. Another 193 cases have been filed in New Jersey state court, and a23 complaints were filed in Arizona state court.

 
The parties met for a case management conference, with U.S. District Judge David G. Campbell expected to issue an order scheduling key dates leading up to the start of the Cook trial. The parties also submitted juror questionnaires for review with the Court. The trial is expected to last until May 8.

The first bellwether trial in the Bard PowerPort MDL has been postponed until April 2026 by the judge overseeing the lawsuits due to the number of pretrial motions to be addressed. Motions were filed by both sides seeking dismissal of the other side’s expert testimony. Other trials will follow periodically through February 2027. Since July 2023, all Bard PowerPort lawsuits have been consolidated in the District of Arizona under U.S. District Judge David G. Campbell, for coordinated discovery and pretrial proceedings.

 
At the start of December there were 2,463 pending cases in the MDL. 336 new claims were added during the previous month by plaintiffs who allege defects by Bard’s PowerPort device caused various health problems.

 
One new lawsuit was filed by a Minnesota woman who said a Bard PowerPort implanted in 2022 caused her to develop a severe infection. The lawsuit contends manufacturers were aware of the increased risk of infections and other complications and should warned the public.

U.S. District Judge David G. Campbell, who is overseeing the Bard PowerPort MDL, asked the attorneys to prepare jury selection questionnaires for the lawsuits, and also asked them to prepare information for a Status Conference on December 4. The two sides are getting ready for bellwether trials in 2026.

 
There were 2,127 pending lawsuits in the MDL in the District of Arizona at the start of November, an increase of 155 from the previous month. That represents the highest number of new cases in any month during the litigation.

 
Among the latest plaintiffs is a Minnesota woman who alleged she developed a severe infection due to having a Bard PowerPort device implanted in 2022. She contends the manufacturers were aware of the increased risk of infections and other complications and should have informed the public.

The number of lawsuits in the Bard PowerPort MDL has held steady this month with just one new case added, for a total of 1,973 at the start of October.

 
During a Case Management Conference, several plaintiffs were ordered to submit missing or incomplete Plaintiff Profile Forms. The court plans to issue show cause orders for those who failed to comply, including one plaintiff who did not respond to deficiency letters or provide medical records. Defendants were ordered to revise interrogatory responses and produce complaint files in several individual cases.

 
Plaintiffs in six cases were directed to update product and implant information by October 31.

 
In one new claim in the MDL, a Florida woman filed suit against Bard, Becton, Dickinson and related entities, alleging she was implanted with a PowerPort device that caused severe complications, including catheter fracture and thrombosis. Among her claims are strict liability and negligence related to design and manufacturing defects, failure to warn, breach of warranties, misrepresentation, fraudulent concealment, and consumer fraud.

The Bard PowerPort MDL continues to see steady growth with 165 new lawsuits filed during August, bringing the total to 1,972 as of the beginning of September.

 
One new lawsuit in the MDL was filed by a Texas woman who alleges that a Bard PowerPort device surgically implanted in her chest to facilitate vascular access for treatment led to severe and preventable injuries, and permanent damage. The plaintiff contends the device’s catheter fractured inside her body, causing infection, thrombosis, and other complications that required medical intervention. Medical imaging revealed that the catheter had broken apart.

 
The schedule for the six bellwether trials has now been finalized after U.S. District Judge David G. Campbell issued Case Management Order No. 38, confirming a trial calendar that stretches from March through December 2026.

A joint motion was filed by both parties in the Bard PowerPort MDL to amend a case management order for one of the upcoming bellwether trials, Miller v. Bard. The interim expert disclosure and deposition dates were pushed back due to delays in testing the plaintiff’s explanted port catheter. It arrived at the lab in liquid form and must be dried before non-destructive testing can proceed.

The plaintiff’s materials expert disclosures were moved from August 4 to August 25, and defendants’ responsive materials expert disclosures shifted to September 22.

The number of cases in the MDL rose by 44 last month from 1,763 to 1,807, a considerably smaller increase in the case count from the previous month. But it is not seen as representing any slowdown in the litigation’s momentum. One of the new lawsuits was filed against Becton, Dickinson and its subsidiaries by an Alabama woman who alleges that a Bard PowerPort M.R.I. Implantable Port she was implanted with caused her to suffer catheter fracture, infection, and thrombosis.

There was a significant increase in the Bard PowerPort MDL with 263 new cases filed during the previous month, bringing the total number at the start of July to 1,763.

The first of the cases to go to trial, Cook v. Becton, Dickinson and Co., et al., is tentatively scheduled for mid to late February 2026. The plaintiff had a Bard PowerPort implanted in 2022 at the Mayo Clinic for chemotherapy administration related to rectal cancer. He had to be hospitalized less than two weeks later to have the PowerPort surgically removed due to infection.

The complaint alleges that the device was defectively manufactured and designed, resulting in surface degradation that facilitated microbial growth and infection. The plaintiff says neither he nor his physicians were adequately warned about the risk of infection, particularly specific risks linked to the catheter’s material composition. The filing claims Bard knowingly concealed these dangers and continued to market the product as safe despite growing reports of health consequences.

The parties involved in the Bard PowerPort MDL have agreed that the first of the cases to go to trial will be Cook v. Becton, Dickinson and Co., et al. The plaintiff, Robert Cook, alleges his Bard PowerPort device became infected and had to be surgically removed less than a month after it was implanted.

The total number of cases in the MDL stands at 1,500 after 90 new lawsuits were filed in May.

In one of the newest lawsuits, a South Carolina resident claims that the implantation of a PowerPort Implantable Port device in 2016 led to serious complications including a catheter fracture, one of the known risks cited in the litigation involving Bard and Becton Dickinson.

The Bard PowerPort MDL grew to 1,410 cases as of the start of May, an increase of about 300 since March.

After the latest case management conference, Judge Campbell provided his guidance for the six bellwether cases expected to proceed to trial. The judge indicated he preferred a cross-section of claim types, including three involving infections, two involving thrombosis, and one involving a device fracture.

The judge added that the cases should include four cases involving polyurethane devices, one involving a Groshong catheter, and one involving a silicone device, and that one case should involve surgical complications.

Among the newest plaintiffs is a North Carolina woman who joined the Bard Implanted Port Catheter MDL. She alleges that a PowerPort isp M.R.I. Implantable Port implanted for repeated vascular access caused complications including catheter fracture, infection, and thrombosis, all of which led to significant health consequences and the need for further medical intervention.

More plaintiffs came forward during March in the Bard PowerPort MDL, adding 92 new cases that brings the total number of pending lawsuits to 1,205. The suits allege the defective design of the Bard PowerPort catheter causes serious health complications and that Bard Access Systems failed to warn patients of these risks.

One plaintiff has died after filing a lawsuit against Bard PowerPort. Danielle Rose of West Virginia and her wife Shannon sued in August 2024 because Danielle developed an infection after having a port catheter implanted in 2019. If her infection or the PowerPort catheter is found to be responsible for her death, her loved ones may file a lawsuit against Bard for wrongful death.

A total of 1,112 pending cases were recorded in the PowerPort MDL in early March, with 108 new cases having been added in the previous month.

The MDL continues to gain momentum as the court prepared for its fifteenth case management conference on Thursday, March 20. Ahead of the meeting, attorneys submitted a joint memorandum outlining deadlines for key litigation stages, including discovery, expert reports, and pretrial motions—milestones that will shape the bellwether trial schedule.

Discovery remains a central focus. Plaintiffs’ counsel recently secured the right to attend in-person depositions of Bard’s sales representatives, a development that could shed light on the company’s internal awareness of product risks. Meanwhile, the court ordered Bard to produce overdue complaint files in 18 cases, emphasizing the need for compliance with prior directives.

Some plaintiffs risk losing their claims due to missed deadlines, with one case already dismissed with prejudice. While the court allows flexibility for valid delays, communication is important. As Bard pushes for sanctions over late filings, the litigation continues to test both sides on issues of transparency, cooperation, and accountability.

At the start of February 2025, the Bard PowerPort MDL 3081 in Arizona recorded a total of 1,004 pending lawsuits. 113 of those cases were added in the previous month.

Within the first week of the month, the U.S. Food and Drug Administration (FDA) warned of an additional Bard device putting consumers at “high risk”: the Rotarex Atherectomy System, which is described by the company as “anatherectomy device . . . to break up and remove thrombus from native peripheral arteries or peripheral arteries fitted with stents, stent grafts, or native or artificial bypasses.”

At the beginning of January, the PowerPort class action MDL recorded 891 pending cases, with 78 new lawsuits having been added in December. Running parallel to this MDL, the new AngioDynamics Port Catheter MDL totals 90 pending lawsuits.

Case Management Order No. 29 introduces updated discovery protocols for Bard Implanted Port Catheter MDL cases in Discovery Group 1. Building on Amended CMO No. 10, it outlines key deadlines, including submission of detailed discovery plans by April 7, 2025. Parties may conduct depositions of essential witnesses before April 4, 2025, ensuring fairness and transparency. Additional provisions include time-limited depositions, remote options, and restrictions on defendants’ communication with treating physicians, safeguarding procedural integrity.

The Bard PowerPort MDL recorded a total of 813 pending cases at the start of the December, with 93 new cases having been filed in the previous month.

The December 3 MDL status conference extended fact discovery deadlines to February 28, 2025, with expert phases scheduled through July. Procedural compliance issues were addressed, including a show cause order and discovery sanctions. Updates to the Master Complaint are finalized, with the next conference set for January 16, 2025, via Zoom.

A new lawsuit filed on December 16 in the Arizona MDL accuses Bard and related companies of producing defective PowerPort devices. The Wisconsin plaintiff claims a 2016 implantation led to severe complications, including catheter fracture, due to design and warning defects. Allegations include negligence and fraud, with demands for damages and a jury trial.

By the end of the month, Judge Campbell had issued a key ruling in the PowerPort MDL, requiring plaintiffs to narrow their deposition requests for Bard executives. The court found the initial requests overly broad and burdensome, limiting the topics plaintiffs can address during depositions of Bard’s corporate representatives.

At the start of the month, the PowerPort MDL totals 720 cases, with nearly 200 added in October alone.

At the 11th Case Management Conference for the Bard PowerPort MDL, the court denied extending the fact discovery deadline, requiring depositions to conclude by January’s end. The court also set a November 13 deadline for defendants to respond to plaintiffs’ privilege challenges. Key depositions are moving forward, with Jim Beasley’s confirmed and others under review. Compliance with court orders remains critical to avoid case dismissals.

As of mid-November, both parties have finalized a stipulation simplifying liability proceedings in the MDL. Bard entities will be treated as a single group, with Becton, Dickinson ensuring judgments or settlements are satisfied if necessary. Plaintiffs, in turn, will withdraw certain discovery requests and amend their master complaint to exclude successor liability claims.

On November 22, a new lawsuit in MDL-3081 was filed by the executor of a California man’s estate against the Bard entities. The case alleges complications, including catheter fracture, infection, and thrombosis, from the Bard PowerPort device. While not a wrongful death suit, the plaintiff seeks compensation for the decedent’s medical bills and pre-death suffering.

The Judicial Panel on Multidistrict Litigation has centralized more than 50 AngioDynamics port catheter lawsuits in the Southern District of California. These product liability cases allege the devices, commonly used for chemotherapy and other treatments, are defective and prone to fracturing, migrating, or causing infections. This decision aims to streamline pretrial proceedings and ensure consistency in handling these serious claims.