Bard PowerPort Infection Lawsuit Set for Third Bellwether Trial to Begin Oct. 13

Final pretrial conference will be held tomorrow, at which time Bard PowerPort lawyers will meet with the federal judge presiding over thousands of similar infection and fracture lawsuits.

Attorneys for a Florida woman are scheduled to meet with the federal judge overseeing the Bard PowerPort litigation tomorrow for a final pretrial conference, as the parties prepare for an October bellwether trial over allegations that a defective port catheter caused a serious infection that required removal surgery.

Bard port catheters are among several commonly used implantable medical devices designed to provide repeated access to the bloodstream. The devices consist of an access port placed beneath the skin and a catheter that extends into a large vein, allowing doctors to regularly deliver medications or fluids without requiring a new needle stick each time.

They are often implanted in patients receiving chemotherapy or other long-term treatments that require frequent intravenous access.

Bard PowerPort Lawsuits

C.R. Bard currently faces more than 3,700 lawsuits filed in federal courts nationwide over its port catheter implants, each alleging the devices are defectively designed and prone to infections, catheter fractures and migration. Plaintiffs allege these defects can allow pieces of the catheter to break away, enter the bloodstream and travel to the heart or lungs, creating life threatening situations.

In each of the Bard PowerPort lawsuits, plaintiffs allege the manufacturer used excessive amounts of barium sulfate in the catheter material to make the devices visible on medical imaging, weakening the catheter over time and increasing the risk of cracking, fracture, infection and migration.

Due to the growing number of cases filed, all federal filed claims have been centralized in the U.S. District Court for the District of Arizona before Judge David G. Campbell, who is overseeing the litigation through pretrial proceedings, coordinated discovery and a series of early test trials designed to give counsel for both sides an opportunity to see how their evidence and arguments hold up before a real jury. The outcomes of those “bellwether” cases could help the parties reach a settlement agreement.

Bard PowerPort Bellwether Trials

The upcoming trial will be the third Bard PowerPort bellwether case to go before a federal jury, following two earlier test cases that produced very different outcomes.

The first federal Bard PowerPort bellwether trial ended in a defense verdict earlier this year. The plaintiff has since filed a motion for mistrial, arguing the jury received improper instructions and was pressured to reach a verdict before deliberations were complete.

Earlier this month, the second bellwether trial ended with a $40 million jury award for a New Mexico woman who suffered a pulmonary embolism after part of her PowerPort catheter allegedly broke off and traveled to her heart.

The next trial is scheduled to begin on October 13 and involves infection claims brought by May Lattanzio of Florida, who received a PowerPort implant in August 2013.

The trial will be divided into two phases. Jurors will first decide whether Bard is liable for Lattanzio’s injuries. If liability is established, a second phase will determine whether punitive damages should be awarded and, if so, how much.

Lattanzio is pursuing claims for design defect, failure to warn, fraudulent and negligent misrepresentation and fraudulent concealment. She is seeking both compensatory and punitive damages.

Bard PowerPort Pretrial Conference

According to a proposed final pretrial order (PDF) filed on September 9, attorneys are scheduled to meet tomorrow to address disputed facts and legal issues that remain unresolved before the October trial, along with pending motions that could affect what evidence and arguments are presented to the jury.

The proposed order also outlines how the trial is expected to proceed, including the sequence of witnesses, depositions and exhibits. Attorneys estimate the case will require about 66 hours of courtroom time.

After Lattanzio’s trial, additional Bard PowerPort bellwether cases are scheduled to begin on December 1, 2026, and February 2, 2027.

If the litigation is not resolved after the scheduled bellwether trials and other pretrial proceedings, Judge Campbell could eventually begin sending individual lawsuits back to the federal courts where they were originally filed for separate trial dates.

Sign up for more legal news that could affect you or your family.