Bard PowerPort Lawsuit

October 17, 2024 – The Court held a hearing on October 3 to discuss the progress of discovery.  The parties argued regarding Defendants’ claimed privileges and redactions of evidence and regarding a potential, short extension of the discovery schedule due to Defendants late production of documents and continual moving back of witness deposition dates.  The Court ordered more briefing on the issues.  The parties also argued about evidence regarding the materials out of which Defendants’ catheters are made, and the Court determined that, if in the future Plaintiffs discovery that Defendants have withheld information, they may re-approach the Court regarding an appropriate sanction.

Meanwhile, depositions continue.  Co-lead counsel, LLF attorney Rebecca Phillips, said that, while witness testimony cannot yet be made public, “Our team is doing good work in there.”

September 16, 2024 – Discovery continues, and depositions of Defendants’ witnesses have begun. The Court held a conference with the parties on August 16, 2024, to discuss the status of the case and ongoing discovery issues. The biggest issue was that, from the start of discovery, Defendants have opposed Plaintiffs’ discovery into the corporate relationship between Bard and BD for the purpose of proving successor liability. The Court – for a second time – rejected the Defendants argument. Unless the parties are able to reach an agreed stipulation on the relationship between Bard and BD, Plaintiffs’ successor liability discovery will continue.

Another hearing is scheduled for October, and at the last status conference, our own Rebecca Phillips who is on the leadership team for this litigation, told the Court that it may anticipate an argument about evidence that Defendants are withholding as privileged.

June 11, 2024 – The Court held another status conference with the parties on May 24, 2024 to receive an update on continued discovery issues. At present, the parties remain on track with the production of evidence so that depositions can begin in August of 2024. According to co-lead counsel, Rebecca Phillips, an attorney at the Lanier Law Firm, “It is important to get these cases to trial as quickly as we reasonably can. Since many of our clients are very ill, they can’t see justice soon enough.”

May 7, 2024 – The parties are scheduled to appear before the MDL Court again on May 10 to discuss ongoing discovery issues, including whether the parties are on track to meet current discovery deadlines.  At present, the parties continue to engage in the discovery process of identifying relevant witnesses and documents for production.  Depositions of those witnesses are still scheduled to begin in August of this year.

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.