Key PowerPort Lawsuit Trial Ends In $40 Million Verdict
In a major development that could impact thousands of lawsuits, a woman has been awarded $40 million after claiming that her PowerPort catheter device fractured after it was implanted.
That case had been closely watched, as it served as a bellwether trial for more than 3,700 PowerPort lawsuits grouped together in federal court.
The win is significant for people who have filed lawsuits claiming the chemo ports were defectively designed and led to infections, blood clots and even fatalities. Bellwether trials serve as test cases, helping both sides understand the strength of their position without having to take thousands of individual cases to trial. These early trials often help inform wider settlement talks.
“A $40 million verdict sends a clear message. When a medical device fails inside someone’s body and a company knew or should have known about the risks, there are consequences,” said Whitney Ray Di Bona, attorney and consumer safety advocate at Drugwatch. “This verdict matters not just for this one woman, but for the thousands of people who have been through the same thing and are still waiting for answers.”
This was the second trial held over claims that defective PowerPort devices caused serious health issues. Bard prevailed in the first trial in May, but the jury was unable to decide on key claims on whether the catheter is defectively designed.
PowerPort Lawsuits Claim Device Was Defective, Caused Severe Issues
Bard is facing thousands of lawsuits claiming that its PowerPort device, which is implanted and used to deliver medication and chemotherapy treatments, caused major issues and injuries.
The lawsuits involve several different injuries. This month’s trial, resulting in a $40 million verdict, involved fracture claims. The woman at the center of the lawsuit said that part of the device broke off years after it was implanted and lodged in her heart, requiring emergency surgery.
An earlier bellwether trial centered on claims that the device caused a serious infection. While Bard won that trial, the plaintiff is currently pushing for a retrial over what they say were improper jury instructions.
More bellwether trials are expected to take place later this year.
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