AngioDynamics Vortex Failure Led to Port Catheter Removal, Lawsuit

Lawsuit calls for AngioDynamics port catheter recall, alleging that the manufacturer has known about the risks of its implants failing for years.

A Georgia man is pursuing a lawsuit against AngioDynamics, alleging that his Vortex port catheter failed, became infected, and ultimately required surgical removal.

Matthew Massingill filed the complaint (PDF) in the U.S. District Court for the Southern District of California on December 22. It is one of a growing number of port catheter lawsuits brought against AngioDynamics Inc. and Navilyst Medical Inc. indicating that the implants are defectively designed and prone to failure.

The Vortex is one of a line of AngioDynamics port catheters, which consist of an injection port and polyurethane silicon catheter. The implants are designed to give doctors a way to deliver repeated drug and fluid injections needed for some medical treatments, including chemotherapy.

Port catheters from AngioDynamics and other medical device manufacturers have come under increased scrutiny over the last several years following reports of device failures, including microfractures that lead to infections, blood clots, device migration and the need for corrective surgery. This has led to a growing number of AngioDynamics port catheter lawsuits and Bard PowerPort lawsuits filed in federal courts nationwide.

Massingill’s complaint indicates he was implanted with a Vortex port catheter in August 2013 and diagnosed with an infection just a few months later.

The lawsuit notes that doctors determined the Vortex port catheter was the source of the infection, resulting in the implant’s surgical removal in January 2014.

“As a result of having the Vortex implanted, Plaintiff sustained significant mental and physical pain and suffering, suffered permanent injury, permanent and substantial physical deformity, underwent corrective surgery or surgeries, and suffered financial or economic loss, including, but not limited to, obligations for medical services and expenses.”

– Matthew Massingill v. AngioDynamics Inc. et al

According to the lawsuit, the company knew about the problems with its port catheters for years, yet refused to adequately inform the medical community, while failing to establish an appropriate post-marketing surveillance system. Massingill’s lawsuit calls for a Vortex port recall to remove the allegedly defective port catheters from the market.

Massingill presents claims of negligence, failure to warn, design defect, breach of warranty, fraudulent concealment, and violations of the Massachusetts Consumer Protection Act. He seeks both compensatory and punitive damages.

AngioDynamics Port Catheter Lawsuits

The complaint will be consolidated with nearly 300 other AngioDynamics port catheter lawsuits filed in federal courts nationwide. They have been consolidated for coordinated discovery and pretrial proceedings in the Southern District of California under U.S. District Judge Jinsook Ohta.

Judge Ohta has indicated she plans to hold a series of “bellwether” early test trials to help the parties see how juries respond to evidence and testimony that could be repeated throughout the litigation. The judge ordered the parties to select nine cases each, creating a pool of 18 lawsuits representing the range of reported injuries, including infections, fractures and blood clots. From that group, eight lawsuits will move forward as potential bellwether trials to gauge how juries evaluate the evidence and expert testimony.

While these early trial dates will not be binding on other port catheter claims, they could have significant influence on any potential AngioDynamics port catheter settlement negotiations. However, if the bellwether trials end without a settlement being reached, Judge Ohta may remand the cases back to their original courts for individual trial dates.