Port Catheter Lawyers Outline Process for Selecting Bellwether Lawsuits in AngioDynamics MDL

Attorneys have jointly agreed that each side will select nine lawsuits to prepare for early bellwether trials, focusing on a specific number of port catheter infection, thrombosis and fracture-related injuries.

Lawyers involved in federal AngioDynamics port catheter lawsuits put forward a plan last week to select 18 claims to serve as potential bellwether trials, with guidelines on how each side will nominate particular ones that are most representative of the litigation as a whole.

AngioDynamics manufactures a line of implantable port catheter systems used to provide long term access to a patient’s bloodstream for the delivery of medications, fluids or chemotherapy. These devices, commonly known as totally implantable vascular access devices (TIVADs), consist of a small injection port placed beneath the skin that connects to a flexible catheter delivering treatment directly into a vein.

The company’s products include the Vortex Port, Smart Port, Xcela Port and other similar systems used in hospitals and cancer treatment centers nationwide.

However, recipients of the devices have now filed nearly 350 port catheter injury lawsuits against AngioDynamics, each alleging the devices were improperly designed and manufactured, causing them to fracture, migrate, develop infections or otherwise fail prematurely after implantation. As a result of these alleged failures, many individuals required additional medical treatment and surgical procedures to remove the devices and address resulting complications.

According to allegations raised in the complaints, a key problem involves AngioDynamics’ use of barium sulfate within the catheter material. While the substance is intended to make the devices visible during imaging scans, plaintiffs argue it weakens the polyurethane structure of the catheter over time.

The lawsuits claim this design makes the implants more susceptible to cracks and fissures that can allow bacteria to enter the bloodstream or cause fragments of the catheter to break off and travel through the body, potentially resulting in pulmonary embolism or damage to veins and surrounding organs.

Shared facts and applicable laws common to all of the claims led to the creation of a federal AngioDynamics port catheter lawsuit MDL, or multidistrict litigation, in the Southern District of California, where they are being overseen by U.S. District Judge Jinsook Ohta for coordinated discovery and pretrial proceedings.

Judge Ohta has ordered the parties to prepare to hold “bellwether” trials, which are early test cases designed to see how juries digest the strengths and weaknesses of each side’s case. She has instructed both plaintiffs and defendants to select 18 cases, nine each, to serve as the initial bellwether pool, from which the first bellwether trial cases will eventually be selected.

In a joint statement (PDF) submitted on March 2, the parties outlined their proposed parameters for the case selections. Those selections are due by June 5, 2026, after which they will begin going through case-specific discovery.

The parties have agreed to a structured selection process for the cases that will be prepared for early discovery and potential bellwether trials, with parameters that include the following case types:

• Four of the nine cases selected by each side must involve port catheter infections exclusively, with no other types of injuries alleged.
• Two cases selected by each side must involve thrombosis injuries only.
• Two additional cases must involve catheter fracture injuries.
• The final case selected by each side may involve any type of injury, except wrongful death.

While the results of these bellwether trials are not binding on other claims, they will be closely watched to see how juries interpret evidence and testimony that would be repeated throughout hundreds of AngioDynamics port catheter lawsuits if they should go to trial.

It is hoped that the results of the bellwether trials will lay the groundwork for an AngioDynamics port catheter lawsuit settlement agreement or other resolution. If not, Judge Ohta is likely to remand the remaining cases back to their originating federal district for individual trials.

Bard PowerPort Lawsuits

AngioDynamics is not the only manufacturer facing litigation over the design of port catheters. Bard Access Systems is also defending thousands of similar Bard PowerPort lawsuits, with more than 2,800 complaints currently consolidated in a federal multidistrict litigation in the District of Arizona before U.S. District Judge David G. Campbell.

Although the Bard and AngioDynamics cases are proceeding in separate courts, the lawsuits involve many of the same allegations about port catheter failures. Plaintiffs claim the Bard PowerPort devices were defectively designed and prone to cracking, fracturing, infections and other complications after implantation. Similar to the AngioDynamics claims, plaintiffs also allege that the inclusion of barium sulfate in the catheter material weakens the structure of the polyurethane device over time, making it more susceptible to breakdown and increasing the risk of serious injuries.

As part of the coordinated proceedings, Judge Campbell has also ordered a group of Bard PowerPort lawsuits to be prepared for early bellwether trials, which are designed to help gauge how juries may respond to evidence presented in the litigation.

The first Bard PowerPort bellwether trial is scheduled to begin April 21, involving claims brought by Robert Cook, who alleges he developed a Bard PowerPort infection that required intravenous antibiotic treatment. Additional bellwether trials are scheduled to begin July 7, August 18, October 13, and December 1 of this year, as well as February 2, 2027.