Bard Wins First Chemo Port Lawsuit Trial in Setback for Plaintiffs
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PowerPort device manufacturer Bard took home a victory in the first of a series of trials over device safety. The medical device giant prevailed over claims that its chemo port was defective and led to a serious infection in a patient.
The loss was a blow for thousands of people who have filed similar cases. At the start of this month, more than 3,000 PowerPort lawsuits were active in federal court.
But more trials are expected in the coming months. This case was the first in a series of bellwether trials, which serve as test cases. They allow both sides to gauge how their claims will fare before a jury.
Cases are set to test different claims. While this first trial focused on infections, others will cover device fractures and thrombosis.
“While the defense verdict in the first bellwether trial is disappointing, it does not end the process for the thousands of plaintiffs still waiting for their chance in court,” said Whitney Ray Di Bona, attorney and consumer safety advocate at Drugwatch. “The jury could not agree on the design defect claim, which shows this was not a straightforward win for Bard.
The next bellwether trial is currently expected to begin in August.
PowerPort Lawsuits Claim Bard Failed to Warn of Design Defects, Serious Side Effects
Thousands of PowerPort lawsuits have been filed over claims that design defects in the chemo ports led to serious medical issues.
These devices are made of both barium sulfate and polyurethane. Lawsuits claim that the mixing process for these two key components in the PowerPort devices was faulty, leaving the catheters with cracks, fissures and pits.
People who have filed lawsuits say that their devices fractured or that they developed infections and blood clots due to this potential design defect. They claim that, on top of the design issues, Bard also intentionally concealed the severity of the issue and the potential side effects.
What Comes Next for the PowerPort Lawsuits?
While Bard won the first trial, more cases are expected to go before a jury in the coming months. Four more trials are currently scheduled to take place periodically from August into February 2027.
An additional trial could also be added after a case was recently removed from the schedule because the plaintiff unexpectedly died.
All those trials may not proceed as planned if a settlement is reached in all cases. Even with Bard’s win, settlement talks are expected to continue. The judge overseeing these lawsuits has encouraged both sides to set aside time in July to discuss a potential settlement.