Bard PowerPort Lawsuit: Chemo Port Failure Claims
Bard PowerPort chemo ports allegedly fracture, migrate, and cause infections. The first bellwether trial was a defense verdict. See what that means for your claim.
A Bard PowerPort is a small device implanted under the skin to deliver chemotherapy without repeated needle sticks. Thousands of patients allege the catheter fractures inside the body, and the first bellwether trial ended in a defense verdict, not a settlement. Here is what that means for your claim.
What Is a Bard PowerPort?
A Bard PowerPort is an implanted vascular access device, sold by Becton Dickinson through its Bard Access Systems unit, designed to let chemotherapy patients receive repeated infusions, draw blood, and get contrast dye for scans through one permanent port instead of a fresh IV each visit. A surgeon implants the port under the skin, usually in the chest, and threads a thin catheter tube from it into a large vein near the heart.
The device is made partly from a barium sulfate compound the company marketed as more visible on X-rays than earlier plastic ports. Plaintiffs allege that same compound made the catheter wall more brittle and prone to cracking under the normal pressure of an infusion, a defect they say Becton Dickinson knew about from its own testing before the device reached patients.
What Patients Allege Went Wrong
Lawsuits center on four specific failure patterns tied to the catheter material.
Catheter Fracture
The tube separates or cracks under normal use, sometimes sending a fragment into the bloodstream, where it can travel to the heart or lungs and require emergency retrieval surgery.
Device Migration
A cracked or weakened catheter shifts out of its intended position in the vein, which can cause the device to stop working correctly or press against surrounding tissue.
Infections and Sepsis
Patients report infections at the implant site that spread into the bloodstream, in some cases progressing to sepsis, a life-threatening bodywide inflammatory response.
Blood Clots
A damaged catheter surface can encourage clot formation in the vein around it, raising the risk of a deep vein thrombosis or a clot that travels to the lungs.
Injuries Linked to PowerPort Failures
The injuries plaintiffs report cluster around the physical harm a fracture or migration event causes, plus the follow-up care it forces. Cardiac arrhythmia and vessel or heart tissue damage can happen when a broken catheter fragment migrates through the bloodstream. Emergency retrieval procedures, sometimes involving interventional cardiology, are common once a fragment is spotted on imaging. Chest pain, swelling, and internal bleeding at the implant site are frequently the first symptoms that send a patient back to the hospital, and a second surgery to remove and replace the failed device is typical once a defect is confirmed.
The First Bellwether Trial Was a Defense Verdict
Becton Dickinson won the first bellwether trial in the consolidated PowerPort litigation. The case centered on a plaintiff who alleged a PowerPort device caused a serious infection after implantation, and the jury sided with the company, rejecting the claim that the device was defective in that specific case.
One bellwether result does not resolve the litigation and does not predict the outcome of any other case. Bellwether trials exist to test how juries respond to the strongest and weakest fact patterns on each side before the parties negotiate a broader resolution, and a single loss for plaintiffs in an infection-based case says little about how a fracture or migration case, with different facts and different medical evidence, would fare. Later bellwether trials scheduled in the litigation will test other injury types.
Who May Qualify to File
You may qualify if you had a Bard PowerPort implanted and later experienced a fracture, migration, infection, or blood clot that required additional medical treatment.
| Factor | What Strengthens a Claim |
|---|---|
| Device confirmation | Surgical or implant records showing a Bard or Bard Access Systems PowerPort model number |
| Imaging evidence | X-ray or CT scan showing a fractured, migrated, or displaced catheter |
| Additional treatment | A second surgery, retrieval procedure, hospitalization, or extended antibiotic course tied to the failure |
| Timing | Failure occurring within the device's expected service life, not decades after implantation with no other cause |
| Injury type | Fracture and migration cases currently carry stronger evidence than infection-only claims, given the first bellwether result |
Current MDL 3081 Status
The federal PowerPort litigation is consolidated as MDL No. 3081, formally In re: Bard Implanted Port Catheter Products Liability Litigation, before Judge David G. Campbell in the U.S. District Court for the District of Arizona. The Judicial Panel on Multidistrict Litigation created the MDL in August 2023, and roughly 3,734 cases were pending as of August 2026.
With one bellwether decided for the defense and more scheduled, the litigation is still in an evidence-testing phase rather than a settlement phase. No global settlement has been announced, and no confirmed per-plaintiff payout range exists yet for any injury type.
How to Start a Claim
- Confirm your device model. Ask your implanting hospital or surgeon's office for the operative report, which lists the exact device and lot number used.
- Gather imaging and treatment records documenting the fracture, migration, infection, or clot, plus any follow-up procedure it required.
- Use our free eligibility check for a preliminary read on whether your situation matches what attorneys currently accepting MDL 3081 cases are screening for.
These claims fall under the broader mass torts umbrella. See what is a mass tort for how an individual claim like this fits inside a larger consolidated litigation, and see defective product claims for the general legal theory behind a medical device case like this one.
Statute of Limitations
Most states give you two to three years from the date you discovered, or reasonably should have discovered, that your PowerPort caused your injury, not necessarily from the date it was implanted. This "discovery rule" matters because a fracture can happen years after implantation, and the clock generally starts running from the failure or diagnosis, not the surgery date. Deadlines vary by state and by whether you are filing as the injured patient or on behalf of a deceased family member, so confirm your specific date with an attorney rather than estimating it yourself.
Frequently Asked Questions
What is a Bard PowerPort lawsuit?
A Bard PowerPort lawsuit is a product liability claim filed by a patient who alleges their implanted PowerPort catheter fractured, migrated, caused an infection, or caused a blood clot, and that Becton Dickinson knew of the defect risk but failed to adequately warn patients and doctors.
Did Becton Dickinson lose the first PowerPort trial?
No. Becton Dickinson won the first bellwether trial, which centered on an infection claim. The jury rejected the argument that the device was defective in that case. A single trial result does not resolve the broader litigation or predict how a fracture or migration case would be decided.
Does a defense verdict mean I should not file a claim?
Not necessarily. The first bellwether involved an infection allegation specifically. Fracture and migration cases rely on different evidence, primarily imaging showing physical device failure, and an attorney can tell you how the bellwether result affects a case with your specific facts.
What is MDL 3081?
MDL 3081 is the federal consolidation of Bard PowerPort lawsuits, formally In re: Bard Implanted Port Catheter Products Liability Litigation, before Judge David G. Campbell in the District of Arizona. It handles shared pretrial discovery while each plaintiff's case remains individually valued.
How do I find out which port model I had implanted?
Request your operative report from the hospital or surgical center where the port was implanted. It lists the exact device manufacturer, model, and lot number, which your attorney needs to confirm the device is a Bard or Bard Access Systems product covered by the litigation.
Is there a settlement yet for PowerPort claims?
No global settlement has been reached as of August 2026. With one bellwether trial decided for the defense and more scheduled, the litigation remains in an evidence-testing phase, and no confirmed per-plaintiff payout range exists for any injury type yet.
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