In Blow to Thousands of Cases, Bard Prevails in First PowerPort Bellwether Trial
In an outcome that could negatively impact thousands of other cases, medical device manufacturing giant Bard has prevailed in the first PowerPort lawsuit to go to trial.
More than 3,000 cases are currently active in federal court over claims that the chemo port devices were defective, leaving patients with catheter fractures, blood clots, infections and more. This first trial focused specifically on a serious infection.
But the jury did not find those claims convincing, instead siding with Bard.
More PowerPort Trials Remain Scheduled
The outcome is a significant blow to people who have filed lawsuits, but the litigation is far from over. That case was just the first in a series of bellwether trials, a small group of lawsuits that represent the wider litigation. These initial trials allow both sides to get a better sense of how their claims will hold up before a jury and can influence broader settlement negotiations across all cases.
“A single defense verdict does not decide the outcome of this litigation,” said Whitney Ray Di Bona, attorney and consumer safety advocate at Drugwatch. “In the Cook case, the jury could not reach a decision on the main design defect issue. This does not clear Bard; instead, it shows that these claims are serious and deserve to be heard.”
At least four more PowerPort bellwether cases are currently slated to go to trial. Those cases will cover multiple claims central to the litigation, including device fracture and thrombosis. A sixth trial was also scheduled before the plaintiff of that case unexpectedly died, but a replacement case could still be selected.
The second bellwether trial is expected to begin in August, with the others following through February 2027.
The judge overseeing the PowerPort lawsuits is also pushing both sides to hold settlement talks in July. Additional trials may not reach a jury if a broader settlement is reached before their trial dates.
PowerPort Lawsuits Claim Devices Were Defective, Dangerous
The lawsuits involving PowerPort center on claims that the devices, often used in cancer treatment, were defectively designed and led to serious health problems.
These chemo ports are made of a mixture of polyurethane and barium sulfate. Lawsuits argue that, when combined, barium sulfate can cause the polyurethane to degrade. This could have left the devices with “fissures, pits and cracks” along their surface.
Lawsuits claim that Bard not only designed a defective device but also sought to intentionally conceal the severity of the complications that may have resulted.
As of this month, there were 3,187 PowerPort lawsuits active in federal court.