Fourth Bard PowerPort Bellwether Case Set for Trial Dec. 1, as Third Gets Underway

Complaint by Missouri woman indicates she suffered an infection, blood clot and had to have two surgeries to remove the port catheter.

The U.S. District Judge presiding over the federal Bard PowerPort litigation involving claims that the port catheters are defectively designed has scheduled a fourth trial to begin in December.

The Bard PowerPort and similar port catheters are medical implants designed to help inject medications and fluids into patients undergoing long-term treatment, like chemotherapy. They consist of a small subdermal port and an attached catheter. The port gives doctors a place to insert the needle without having to stick the patient every time they require an injection.

However, a growing number of reports have linked port catheters to increased risks of infection, migration, fracturing and pulmonary embolism. This often leads to the need for surgical removal, known as revision surgery.

As a result, the manufacturer faces more than 4,000 Bard PowerPort lawsuits filed throughout the federal court system, each alleging that Bard used too much of a chemical known as barium sulfate in the construction of the catheters. Individuals say this caused the devices to develop cracks, allowing infectious material into the bloodstream and potentially sending debris into the heart.

The rapid and ongoing filing of cases led to all federal claims being centralized into a Bard PowerPort lawsuit multidistrict litigation (MDL) in the U.S. District Court for the District of Arizona. Judge David G. Campbell is presiding over the litigation through its pretrial proceedings and coordinated discovery.

The judge has initiated a series of Bard PowerPort lawsuit bellwether trials, which will place a number of representative cases before juries, in hopes of detecting patterns in decisions and plaintiff payouts that help with negotiations leading to a settlement resolving all or most of the claims.

The first bellwether trial ended in a defense verdict. However, the plaintiff is appealing that decision. The second trial resulted in a $40 million jury award for a New Mexico woman who indicated her PowerPort caused her to suffer a pulmonary embolism.

The third Bard PowerPort bellwether trial, involving port catheter infection claims by May Lattanzio of Florida, was scheduled to begin on October 13. That trial will be divided into two phases: one to establish liability, and a second phase to see if the jury believes punitive damages, designed to punish a defendant for willful or reckless disregard for human safety, are applicable.

Fourth Bard PowerPort Lawsuit Trial

On September 24, Judge Campbell issued a first amended case management order (PDF) indicating that the fourth trial will begin on December 1, 2026. It will involve claims by Judy Hicks, of Missouri.

Hicks originally filed her complaint (PDF) in June 2023, indicating she was implanted with a Bard PowerPort in February 2021 for treatment of breast cancer. Less than a month after the port catheter was implanted, Hicks suffered neutropenia and a Staph infection that was traced back to the surgical site.

In May 2022, doctors removed the port catheter after having to declot an embolism. She had to undergo another surgery in August 2022 to remove the rest of the implant.

According to Judge Campbell’s order, an initial pretrial conference was held on September 24, and a final pretrial conference is scheduled for October 26, 2026. A fifth bellwether trial is slated to begin on February 2, 2027.

If the bellwether trials conclude with no Bard PowerPort lawsuit settlement, the judge may begin sending the claims back to their originating federal district courts, which would then have to hold individual trials for thousands of claims.

Port Catheter Lawsuits

In addition to the Bard PowerPort cases proceeding in federal courts nationwide, hundreds of AngioDynamics port catheter lawsuits have been centralized before U.S. District Judge Jinsook Ohta in the Southern District of California, where attorneys are conducting coordinated discovery and addressing common pretrial issues involving claims that the company sold defective implantable port systems.

Like Bard PowerPort claims, the AngioDynamics lawsuits also allege design and manufacturing defects may cause that company’s port catheters to fracture or contribute to blood clots, infections and other serious complications.

As the litigation progresses, Judge Ohta is expected to have attorneys identify a small group of representative cases for early bellwether trials. Although the results will not determine the outcome of other claims, the trials may provide insight into how juries view recurring evidence and allegations, potentially helping guide future AngioDynamics port catheter settlement negotiations.

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