Bard PowerPort Lawsuit

April 22, 2024 – The bellwether pool closed on April 1, with bellwethers to be selected in the coming months.  The parties continue to work through general discovery issues, and depositions are set to begin in August of this year.

March 8, 2024 – The Court held a case management conference on March 1, 2024, during which the Defendants argued to severely restrict the discovery that the Plaintiffs may conduct. The Defendants were unsuccessful. The parties will meet with the Court again on March 29, 2024, to discuss the progress of discovery.

February 2. 2024 – Discovery is ongoing, and the parties are due back in court in Phoenix on March 1, 2024.  At that time, the parties will report their progress in discovery and raise any discovery disagreements with Judge Campbell.  The judge has also asked that the parties finalize a preservation order that would apply to port devices that are explanted because of injury.

November 16, 2023 – Judge Campbell held a status conference at his courtroom in Phoenix, Arizona.  After the conference, he entered a Master Complaint and a Short-Form Complaint so that Plaintiffs may file their case directly into the MDL.  Judge Campbell also entered a case management order governing case deadlines.  The discovery period during which Plaintiffs may gather their evidence will run from November 20, 2023, through January 31, 2025.  After that time, the parties will submit expert reports, and trials are anticipated to begin in 2026.

October 18, 2023 – Judge Campbell has ordered the parties to cooperate in filing proposed protective orders, electronic discovery orders, and preservation orders by October 27, 2023.  He also ordered the parties to meet and confer regarding the form of complaints and direct filing orders, among other preliminary issues.  According to attorney Rebecca Phillips, “We will work with the Defendants’ counsel to help the Court get the MDL up and running as efficiently as possible as soon as possible.”  The next hearing will occur in Phoenix on November 16, 2023.

September 19, 2023 – The US District Court for the District of Arizona has appointed Lanier Law Firm’s own Rebecca Phillips as Co-Lead Counsel on the Plaintiff’s Leadership Counsel on MDL No. 3081, In Re: Bard Implanted Catheter Product Liability Litigation.

August 9, 2023 – Yesterday, the Judicial Panel on Multidistrict Litigation centralized federal PowerPort cases in the United States District Court for the District of Arizona before the Honorable David Campbell.  Judge Campbell was appointed to the bench in 2003 and, since that time, has presided over multiple MDLs, including In re: Bard IVC Filters Products Liability Litigation, case number 2:15-md-02641.

July 27, 2023 – Plaintiffs argued before the Judicial Panel on Multidistrict Litigation (“JPML”) that PowerPort cases should be consolidated for pretrial proceedings. Plaintiffs proposed consolidation in the Western District of Missouri, a place where cases have already been filed. Defendant opposed consolidation on the basis that some Plaintiffs injuries were, in its view, not attributable to the PowerPort. Defendant proposed either Utah or Arizona as appropriate venues if the JPML was inclined to consolidate the cases.

June 16, 2023 – The United States Judicial Panel on Multidistrict Litigation filed a notice that it will hear oral arguments on July 27, 2023, in San Francisco about whether to create a centralized federal MDL. If created, all pending litigation and any future lawsuits filed in federal court will be transferred to a single judge regardless of where they originated. The judge is likely to institute a selection process to hold trials in a few bellwether cases.

May 24, 2023 – Plaintiffs in various cases requested that the United States Judicial Panel on Multidistrict Litigation consolidate Bard PowerPort Lawsuits into a multidistrict litigation and that the cases be transferred to the Western District of Missouri. According to the motion, at least ten lawsuits have been filed in various federal districts nationwide, and many more are expected.

July 8, 2019 – The FDA cleared Bard Power-Injectable Implantable PowerPorts through the 510(k) process.

June 7, 2019 – The FDA makes the ASR database public. In response to the public outcry to the Kaiser Health report, and starts requiring companies to report adverse events through the publicly accessible MAUDE database.

March 7, 2019 – Kaiser Health publishes a report revealing that medical device companies were filing reports of device malfunctions to the FDA in secret. 

December 29, 2017 – Becton Dickinson and Co. acquires C.R. Bard and is believed to have taken on Bard’s liabilities.  This company earns approximately $16 billion in annualized revenue. 

February 14, 2014 – The FDA clears the PowerPort Implantable Port through the 510(k) process.

November 15, 2012 – The FDA clears the PowerPort Clearvue Slim Implantable Port through the 510(k) process.

March 27, 2009 – C.R. Bard receives a 510(k) clearance for the PowerPort Due MRI Implanted Port with 9.5 Fr. Dual Lumen Chronoflex Polyurethane Catheter.

June 4, 2008 – The FDA clears the Powerport Implanted Port with Groshong Catheter.

December 19, 2007 – C.R. Bard receives a 510(k) clearance for the MRI Powerport Implanted Port with 9.6 Fr. Silicone Catheter.

November 14, 2007 – C.R. Bard receives clearance through the FDA’s 510(k) process for the Titanium PowerPort Isp Implanted Port with 6 Fr Chronoflex Polyurethane Catheter.

November 1, 2007 – The FDA clears C.R. Bard’s Powerport Polymetric Port with 8 Fr S/L Chronoflex Catheter through the 510(k) process.

January 25, 2007 – C.R. Bard receives an FDA 510(k) clearance for the Powerport Polymetric Port with 8 Fr S/L Chronoflex Catheter.

July 14, 2006 – The FDA grants multiple 510(k) clearances for C.R. Bard’s Implanted Titanium Port with 8 Fr. Chronoflex Catheter.