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Bard PowerPort™ Injuries and Lawsuit Eligibility

An authentic, real person, senior adult man cancer chemotherapy patient is sleeping - resting comfortably in a hospital outpatient ward as his IV drip continues through his chemo chest port. Many new spots and blemishes have appeared on his skin, and his once-full beard has thinned considerably over the course of the almost concluded three month treatment regime.

If you are not sure whether the injury you have sustained as a result of the Bard PowerPort™ implant qualifies, let us walk you through the eligibility and evidentiary requirements.

Eligibility Requirements for Bard PowerPort™ Lawsuits

Filing a lawsuit in general requires that you have a legitimate claim and demonstrable injury or harm. The same is true of the Bard PowerPort™ lawsuit, for which there are main requirements:

  1. Device Requirement: You received an implanted port catheter, known as a PowerPort™, manufactured by Bard or one of its subsidiaries 
  2. Injury Caused by Device Complication: A defect of the PowerPort™ caused you harm
  3. Statute of Limitations: The deadline to file, which varies by state, has not expired

These seem simple enough, but remember that the facts behind each qualifying factor must be substantiated.

Proof of Device Use

Whether your device was implanted to expedite treatment for an autoimmune disorder, frequent blood transfusions, or as a chemotherapy port, you may have a qualifying claim. Though most are branded as a PowerPort™ or BardPort, there is a long list of eligible devices and numerous model numbers. An attorney can help identify which devices the lawsuit covers, and your medical records should provide the exact make and model of the port that was implanted. If you’ve had more than one implantable port, you may need to determine which one was defective before proceeding. If a lawsuit is eventually filed on your behalf, the device named in your complaint must be directly tied to your injury.

Documentation of Injuries Caused by PowerPort™ Implants

Though it’s been established that Bard PowerPort™ causes injuries, claimants still need to provide tangible evidence of their harm. A case involving severe injuries requiring medical procedures, follow-up exams, scans, and hospital stays, will provide robust recorded evidence.

Documentation of a serious injury or infection from a defective PowerPort™ may include:

  • Medical records of the diagnosis and all treatments or corrective procedures
  • Financial statements related to medical treatment and hospital stays
  • Scans and imaging showing the injury or repercussions
  • Photographs of the defective part, the injury, or other evidence

Statutes of Limitations

Each state dictates a timeline, known as the statute of limitations, in which a lawsuit must be filed. This usually begins at the date or discovery of the injury, but several factors can influence the timeline. An attorney should advise you of this deadline for your state. Missing it can prohibit you from taking any legal action in a Bard PowerPort™ lawsuit. If you meet the other two eligibility requirements but aren’t certain whether you still have time to file, contact an attorney from Bell Legal Group—we’re happy to help!

Legal proceedings are taxing and these cases require significant effort, time, and resources to prove, which we encourage you to consider before filing. Still, countless people have experienced life-altering injuries and blood infections due to Bard’s flawed products. If you meet these eligibility requirements, please contact us—we’d like to hear your story and discuss your legal options.