AngioDynamics SmartPort Lawsuit Indicates Infection Led to Port Catheter Failure, Surgical Removal

A Minnesota woman has filed an AngioDynamics SmartPort lawsuit against the manufacturers of the implantable port catheter, alleging that a defect in the device’s design caused her to develop an infection that required surgical removal.

The complaint (PDF) was filed by McKenzie Jacobsen in U.S. District Court for the District of Minnesota on December 6, naming AngioDynamics Inc. and Navilyst Medical Inc., as defendants.

AngioDynamics port catheters are implantable venous access devices consisting of a port component that provides easy access for doctors to administer medications, nutrients and other fluids, often to cancer patients, as well as the catheter that carries the fluid into the patient’s bloodstream.

Although the implants are designed to be left in place long-term under the skin, a growing number of AngioDynamics port catheter lawsuits allege that the material is prone to develop microfractures, due to the use of high levels of barium sulfate in the production of the polyurethane catheter.

The allegations are similar to those made in a series of Bard PowerPort lawsuits being pursued against C.R. Bard, each indicating that the chemo port is prone to fracturing, migrating and causing infections due to the breakdown of barium sulfate used during the manufacturing process.

According to Jacobsen’s lawsuit, she received an AngioDynamics SmartPort in May 2022 for chemotherapy treatment. At that time, she indicates neither she, nor her doctors, were notified of potential implant failure and infection risks.

However, in December 2022, Jacobsen began to experience pain and swelling at the port site. Initially, doctors suspected a blood clot, but further examinations ruled that out. Later that month, it was determined that she was suffering from a Staphylococcus epidermis infection related to the SmartPort port catheter, which ultimately required the device to be surgically removed on December 23, 2022.

“Plaintiff’s medical team determined that the SmartPort was the source of the infection and required removal,” the lawsuit states. “Cultures from the catheter tip tested positive for Staphylococcus epidermis.”

The lawsuit indicates the implant was handled and implanted correctly, indicating the manufacturers knew, or should have known, about the risks of infection and failure, but have decided not to adequately warn patients or the medical community.

Jacobsen presents claims of negligence, design defect, failure to warn, breach of warranty, fraudulent concealment, violations of Minnesota’s Deceptive Trade Practices Act, and seeks compensatory damages.

December 2024 AngioDynamics Port Catheter Lawsuit Update

It is expected that Jacobsen’s AngioDynamics SmartPort lawsuit will be consolidated with a growing number of similar port catheter lawsuits that have been centralized for pretrial proceedings under U.S. District Judge Jinsook Ohta in the Southern District of California.

Since the U.S. Judicial Panel on Multidistrict Litigation decision in October to establish the AngioDynamics multidistrict litigation (MDL), a recent docket report shows there are now 72 AngioDynamics port catheter lawsuits pending within the MDL. The number of cases is expected to increase significantly throughout 2025.

Last month, Judge Ohta held the litigation’s initial status conference, during which deadlines were set for submitting proposals concerning the leadership roles and structure of the plaintiffs. These proposals were due today. The next status hearing is scheduled for December 19, 2024.

As the litigation progresses, it is anticipated that Judge Ohta will establish a schedule for early trial dates, commonly referred to as bellwether trials. These trials are crucial as they will allow both parties to evaluate how juries might react to the evidence and testimonies that will be presented repeatedly throughout the course of the litigation.

Following coordinated discovery and any bellwether trials in the MDL, if the parties are unable to reach any settlement agreements or another resolution on the AngioDymanics port catheter lawsuits, Judge Ohta may remand each case back to the U.S. District Court where it was originally filed for a future trial date. However, pretrial proceedings in the AngioDyamics port catheter MDL will likely take several years.