Lawyers Outline Process for Settling Bard PowerPort Lawsuits After Bellwether Trials

Proposed plan would close the Bard PowerPort MDL to new direct filings in February 2027, and temporarily suspend proceedings while attorneys finalize a potential global Bard PowerPort settlement.

Attorneys representing both sides in thousands of federal Bard PowerPort lawsuits have proposed a plan to suspend court proceedings after the remaining bellwether trials, allowing settlement negotiations to continue through September 2027 before unresolved claims return to federal courts nationwide.

The Bard PowerPort is an implantable port catheter system consisting of a small reservoir placed beneath the skin and a catheter threaded into a large blood vessel, allowing medications and fluids to be delivered directly into a patient’s bloodstream. The device is commonly used for chemotherapy and other long-term treatments requiring frequent infusions, reducing the need for repeated needle sticks.

First introduced in 2006, Bard PowerPort devices have become a widely used option for patients requiring long-term vascular access. Unlike traditional port catheters, PowerPort devices also allow high-pressure injections of contrast dye during certain medical imaging procedures, such as CT scans, without requiring a separate IV line.

However, more than 4,300 lawsuits have been filed by individuals who allege C.R. Bard sold defective port catheters that exposed patients to serious risks of infections, fractures, migration and other potentially life-threatening complications. The lawsuits claim that excessive amounts of barium sulfate, an additive used to make the catheters visible during medical imaging, can weaken the catheter material over time, increasing the risk of cracking, deterioration and device failure.

Bard PowerPort MDL Bellwether Trials

As the number of lawsuits grew, federal claims raising similar allegations were consolidated in the U.S. District Court for the District of Arizona before Judge David G. Campbell, who is overseeing coordinated discovery and pretrial proceedings as part of a multidistrict litigation (MDL No. 3081).

To help determine how juries may respond to evidence presented throughout the litigation, Judge Campbell scheduled a series of bellwether trials involving representative claims. Three trials have now concluded, producing mixed results that could influence potential Bard PowerPort settlement negotiations.

The first bellwether trial ended largely in Bard’s favor, although jurors could not reach a verdict on a design defect claim. The second resulted in a $40 million jury award for a New Mexico woman who suffered complications from a fractured port catheter. Most recently, the third trial ended in a defense verdict on October 30, rejecting claims that a Bard port catheter caused a serious infection.

A fourth bellwether trial is scheduled to begin December 1, 2026, involving claims brought by Judy Hicks, of Missouri. Hicks alleges she developed neutropenia and a Staph infection following implantation of a Bard port catheter, followed by blood clot complications that ultimately required surgical removal of the device in August 2022.

The fifth and final scheduled bellwether trial, involving claims brought by a plaintiff identified as Sorensen, is set to begin February 2, 2027.

Proposed MDL Closure While Lawyers Settle Bard PowerPort Lawsuits

With the remaining bellwether trials expected to conclude in early 2027, attorneys for both sides submitted a joint proposal (PDF) on November 6, outlining a process to temporarily halt further court proceedings while they attempt to negotiate settlements for thousands of pending claims.

The first step would be to close the MDL to new direct filings on February 28, 2027. After that date, the Arizona federal court would no longer accept the shortened complaints currently used to bring new Bard PowerPort lawsuits directly into the consolidated litigation.

However, closing the MDL would not prevent new PowerPort lawsuits from being filed. Individuals could still pursue claims against Bard in other courts with proper jurisdiction, including separate lawsuits in Arizona where permitted.

Once the final bellwether trial concludes and the filing deadline passes, the parties propose moving all pending MDL cases to an “inactive docket,” temporarily suspending further court proceedings while settlement negotiations continue.

The proposal explains that this process would reduce litigation costs and administrative burdens while giving attorneys additional time to resolve the claims before they are returned to courts across the country.

Bard PowerPort Settlement Negotiation Timeline

Under the proposed plan, attorneys would have until September 1, 2027, to negotiate settlement agreements for some or all of the Bard PowerPort lawsuits placed on the inactive docket.

For cases where a settlement agreement or term sheet is signed by that deadline, the parties would receive an additional six months, until March 1, 2028, to finalize settlement paperwork and formally dismiss the resolved claims.

However, lawsuits that do not reach an agreement by September 1 would be recommended for return to their originating federal courts or transferred to another appropriate court, where further litigation could continue. The same would apply to cases with preliminary settlement agreements that are not formally dismissed by March 2028.

The proposal also calls for attorneys to establish procedures for preserving videotaped testimony from certain witnesses during 2027, which could be used in future trials involving claims that remain unresolved.

Judge Campbell has not yet approved the proposal, and no comprehensive Bard PowerPort settlement has been announced. However, the joint filing outlines a potential path toward resolving thousands of pending claims while allowing lawsuits that do not settle to return to court for further proceedings.

Port Catheter Lawsuits

In addition to claims faced by C.R. Bard, AngioDynamics also faces hundreds of similar port catheter lawsuits, which are centralized before U.S. District Judge Jinsook Ohta in the Southern District of California, who is leading attorneys through coordinated discovery and pretrial proceedings.

Like the PowerPort claims, Judge Ohta is expected to order counsel to select several representative cases to serve as bellwether trials in that litigation as well. While the results of these early test cases are not binding on other claims, they could help put the AngioDynamics cases on the path toward similar settlement negotiations.

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