Bard PowerPorts are implantable devices that connect to a catheter to deliver fluids or medication to a person. Multiple reported problems with the devices have caused potentially severe injuries and, in some instances, fatalities. When this faulty product has impacted you, reaching out to the well-practiced mass tort attorneys at Fleschner, Stark, Tanoos & Newlin for help with a claim is crucial.
A mass tort lawsuit, sometimes called multidistrict litigation or MDL, is ongoing against the manufacturer. If you believe you sustained injuries due to this defective product, contact our skilled legal professionals to see if you qualify to join the Bard PowerPort lawsuits.
Patients receive Bard PowerPorts when their medical team needs regular access to their vascular system to administer fluids or nutrition, receive medication like chemotherapy, or take regular blood draws. The device is implanted under the patient’s skin.
The lawsuits for Bard PowerPorts allege that the manufacturers’ materials caused the devices to fracture or degrade, allowing tiny pieces to migrate within the patient’s body and lodge in their hearts or other organs. Additionally, the reservoirs in the devices can harbor bacteria, leading to severe infections that could be life-threatening. The product has also been found to potentially cause blood clots, which could lead to a heart attack, stroke, or other serious medical complications.
The lawsuits allege that the manufacturer’s design was flawed, and the manufacturer, Becton Dickinson, was aware of the flaws for many years but did not change the design or warn consumers. In 2020, the U.S. Food and Drug Administration recalled several models of the Bard PowerPort for reasons unrelated to the fracture issue.
When many people file lawsuits alleging the same product caused them harm, courts often consolidate the cases into multidistrict litigation (MDL), also called mass tort. Usually, one judge oversees all the cases. As of early 2024, a mass tort involving the Bard PowerPort is in its early stages, and people who sustained injuries from the device can still file suit.
A few cases will go to trial, and the people who sustained harm have the chance to prove their case against the product manufacturer. The results of the initial trials—called bellwether cases—often lead the manufacturer to offer a settlement to the other impacted people. The amount each person gets depends on the harm they sustained individually.
Multidistrict litigation is an efficient way to handle complex cases against the same person or entity. It is also fairer for people to bring a claim than a class action lawsuit, where every class member shares a settlement or jury verdict equally. In mass tort cases, people who sustained more severe harm receive more money than people who were less seriously impacted.
People injured due to complications from a Bard PowerPort should contact an experienced lawyer from our firm immediately to discuss their legal options. Similarly, the family members of someone who died due to complications from device failure should contact our attorneys, too.
Our practiced legal professionals will screen them to determine whether they are eligible to participate in the PowerPort mass tort. Eligible participants must have received a Bard PowerPort and been diagnosed with one of several specific complications. They also must have sustained actual, documentable harm. The documentable harm could be extra medical expenses to treat the complication, lost time at work, or permanent disability. Someone who did not sustain any health impacts or financial consequences is not eligible to participate, even if they experienced a PowerPort failure.
The statute of limitations that applies to personal injury actions in a person’s home state governs their ability to join a mass tort case. Residents of Indiana and Illinois must file a lawsuit within two years of the event that caused an injury. However, both states recognize certain situations that stop the clock, so an injured person should check with a legal professional rather than assume they have waited too long to sue.
When a manufacturer profits from an unsafe product, the law holds them liable for injuries the product causes. The Bard PowerPort lawsuits are an opportunity to hold a manufacturer responsible for causing severe harm to many people.
The understanding attorneys at Fleschner, Stark, Tanoos & Newlin have been representing people like you in mass tort cases for years and have a proven track record of success. Contact our firm today to discuss your experience with the Bard PowerPort. We would be happy to set up an initial consultation at your convenience.
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The financial burden that often comes with a serious injury can be too much for many people to bear. Unexpected medical debt, damaged personal property, and the sudden loss of income can impact the budgets of most families. The good news is that a successful injury claim could help reduce that financial strain after a serious accident. Get in touch with a Terre Haute personal injury lawyer with Fleschner, Stark, Tanoos & Newlin to learn more.
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