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When we have a medical device implanted, we expect it to improve our health––not worsen it. Still, this was a reality that many recipients of Bard’s PowerPort™ devices experienced. Once touted as an effective way to treat various ailments, some patients who had these devices implanted suffered infections, organ punctures, strokes, and deep vein thrombosis. 

You’re in a vulnerable position as you navigate the legal process and weigh your legal options. Whitley Law Firm offers support when you want it most. We’re more than Bard PowerPort™ lawsuit lawyers; we’re a family-owned-and-operated law firm that puts your interests first. We’re eager to take on your case and offer much-needed peace of mind. 

Call (919) 785-5000 to start your free, no-obligation case evaluation. 

What Is Bard PowerPort™? Why Are People Filing Lawsuits? 

The Bard PowerPort™ came on the market as an FDA-approved device a little over two decades ago. Shortly after its release, the medical community added it to its roster of acceptable implantable port-a-caths, which are devices made of two parts: the portal and the catheter. It’s implanted under the skin to provide easy access to a patient’s veins. 

As the use of the Bard PowerPort™ spread around the U.S., reports of adverse events from its use began to trickle into the FDA Adverse Event Reporting System (FAERS). Lawsuits brought by individuals or families of the patients followed. In the last few years, the number of lawsuits has escalated to the point that there are discussions of moving to a class action lawsuit to prevent the courts from being overwhelmed.

People Are Filing Lawsuits After Suffering Adverse Health Effects 

While many people have had Bard PowerPorts implanted without any issues, that cannot be said for everyone. Now, thousands of claimants aim to hold the manufacturer accountable for allowing a dangerous medical device to enter the market and hurt them. 

The primary flaw of the Bard PowerPort™ is the catheter. It is made of a polyurethane material (Chronoflex AL) and barium sulfate (a substance that increases visibility on x-rays and other radiologic tools). The barium sulfate may separate from the catheter, almost like paint chipping, but on a minuscule level. That separation causes fracturing, pitting, migration of the device, and other defects. 

When this happens, the patient is at risk of:

  • Infections or sepsis because germs that cause disease can grow in the scarred and pitted areas of the catheter
  • Vascular, organ, or other damage when the catheter fractures and pieces move through the body
  • Formation of blood clots leading to strokes, deep vein thrombosis (DVT), and pulmonary embolisms
  • Heart arrhythmia
  • Chronic pain and inflammation 
  • Complications from surgical removal 
  • Death 

There’s a lot of legwork that goes into holding a multi-million-dollar company responsible for your losses. Yet, it’s nothing Whitley Law Firm can’t handle. We have close to 50 years of experience holding these organizations responsible, and we’re ready to recover what you need. 

How Whitley Law Firm Prepares Your Bard PowerPort™ Case

Our firm fights for and protects the injured in North Carolina, as we have done since 1974. During your free case consultation, we take the time to listen to your story and weigh your options. If we’re a good fit, our lawyers can break ground on your case immediately by: 

  • Collecting medical records 
  • Interviewing healthcare providers who can attest to the severity of your condition 
  • Investigating the details of your injury and its effects on your life 
  • Filing your lawsuit 
  • Negotiating for a full and fair compensation settlement 
  • Offering unyielding legal support 

Our product liability lawyers have an extensive history of fighting for clients who have suffered personal injuries due to dangerous and defective products. 

We offer each of our clients the Whitley Advantage, which isn’t just one thing; it’s care, it’s compassion, it’s listening—really listening—it’s protecting our clients like we would our own family. It’s everything, and we wouldn’t dream of offering anything less. 

We Offer Comprehensive Legal Help From Start to Finish 

Attorney Bob Whitley established Whitley Law Firm with one goal in mind: serving the needs of the underrepresented he saw along his paper route and beside whom he worked in the tobacco fields. After he graduated from law school, he focused on personal injury law, which he still practices today. 

Our legal team has grown to include dozens of attorneys, negotiators, intake specialists, case managers, investigators, and related specialists all working together under the Golden Rule: treating our clients as we would like to be treated. We offer:

  • Bilingual service in Spanish/English
  • Appointments as you need them
  • Returned phone calls within 24 hours
  • Your attorney’s email address
  • A firm belief that we work for you, not the other way around
  • A promise to work hard with compassion and honesty
  • A promise never to settle without fighting for every dime you deserve

We have served thousands of North Carolinians since we first opened our doors. Now, it’s time for your shot at financial justice. We encourage you to entrust us with your case and focus on moving forward. With our advocacy, you can breathe easily. 

It Costs You Nothing to Retain Our Bard PowerPort Lawyers’ Help 

Our attorneys offer a free, no-obligation case consultation. This meeting allows you to ask questions and allows us to understand your case. Based on the outcome of that meeting, we offer guidance as to which legal options may bring you the best possible outcome.

If we take on your lawsuit, we do so on a contingency-fee basis. You pay no fees unless we recover a settlement or court award. This arrangement grants our clients the freedom and space to concentrate on their recovery rather than worrying about attorney’s fees. 

Our Lawyers Uncover Liability for Your Bard PowerPorts™ Lawsuit 

Reports of fracturing and complications started coming in not long after the Bard PowerPort™ was approved for use. The Annals of Medicine & Surgery found that the devices put patients at unreasonable risk of injury in 2017. Countless other publications discovered defects before then. 

Product liability cases are subject to strict liability laws. This means, unlike in other personal injury cases, we don’t have to prove negligence. Instead, we show that: 

  • The Bard PowerPort was implanted and used for intended purposes.
  • The Bard PowerPort was defective or inherently unsafe for use. 
  • The defect caused you to sustain an injury or illness. 
  • You incurred damages from the incident. 

Establishing your case’s required elements can prove complicated, especially if you’re unfamiliar with the claims process. Taking on a legal case is the last thing you want right now. The other party is going to have lawyers. Why not you? 

Our Clients’ Testimonials

Although we don’t have the space to share every client’s story, we would like to pass on the words of two of our clients, as they represent what others have said:

  • “Aleigha Langtange was truly great to work with! I’m so glad she is the face of the firm as an Intake Specialist, she made me actually decide to go with the firm. She is kind, understanding and a good listener. Thank you for everything.” —H.C. 
  • “I would just like to thank you for your hard work. It resulted in my favor. I look forward to continuing working with you. I appreciate your advice, honesty and integrity. You made me feel special. I will have no trouble recommending you to everyone. Thanks again and I look forward to the future with you.” —S.B. 

We get up in the morning every day with one purpose: advocating for injured people. Whether you’re reaching out to our firm on behalf of yourself or a loved one, we’re ready to channel our legal resources into a fair outcome. 

Our Bard PowerPorts™ Lawyers Fight for Full and Fair Compensation 

If you want compensation for your losses after suffering an injury or illness from Bard PowerPorts, you have options. Below, we’ve detailed some things we want you to know about seeking financial recovery: 

The Value of Your Losses Depends on Your Situation 

How much you can recover depends on many factors unique to your situation. When calculating what constitutes a fair settlement offer, we consider: 

  • The severity of your injury
  • Your age and pre-existing health conditions 
  • The complications the medical device caused 
  • Your estimated recovery period (if possible) 
  • Your missed time from work 
  • Whether the medical device caused your loved one’s passing 

We want to account for each of your injury-related hardships in your claim or lawsuit’s value. To this end, we may consult with healthcare providers, lifecare planners, and economists to learn more. 

Compensation Could Account for These Losses 

In our years of serving injured people, we’ve recovered millions for past, present, and future injury-related losses. At the resolution of your case, we hope to reach an agreement that accounts for your: 

  • Current and future injury-related medical expenses 
  • Pain and suffering
  • Disability 
  • Lost earnings 
  • Emotional trauma
  • Out-of-pocket expenses 
  • Wrongful death-related costs, such as funeral and burial costs 

Each client’s experience is unique. Our attorneys account for all the losses you have sustained when building your case. To learn more about the advocacy we provide, we encourage you to check out our previous case results. 

You Have a Limited Time to File a Product Liability Lawsuit

In general, North Carolina gives you three years to file a personal injury lawsuit. Your filing period begins either from the date you had the device implanted or when you discovered the health concern. Our team understands that filing deadlines can get complicated in product liability cases––especially if you suffered injuries years ago. Yet, we keep you abreast of your options and legal deadlines, so you feel confident moving forward. 

Updates on the Bard PowerPort™ Lawsuits in the U.S.

More and more individual lawsuits are being filed against the makers of Bard PowerPort™. Right now, thousands of claimants hope to recover compensation through lawsuits. Experts predict that the more people learn about the issue, the more people will want to file lawsuits, too.   

Here are some updates on recent cases: 

July 27, 2023

The U.S. Judicial Panel on Multidistrict Litigation heard oral arguments on July 27, 2023, on creating a federal MDL. 

An MDL is when multiple cases with one main commonality are grouped together in a singular civil case. This allows the plaintiffs to pool resources and hold the defendant financially accountable for their losses. Ideally, rather than go to trial, the defendant may see the strength of the MDL and offer an out-of-court settlement. 

This could spare you the headache of going to trial and waiting months for resolution. We evaluate each of your options and make decisions that benefit your circumstances. 

June 12, 2023

Ten individual lawsuits were filed against the manufacturer in June 2023. On June 12, a motion was filed asking the Judicial Panel on Multidistrict Litigation (MDL) to combine the individual cases into a class action MDL. 

March 2020 – February 2022 

The FDA announced a Bard® PowerPort™ recall in March 2020, but the recall ended in February 2022.

June 7, 2019

The FDA stopped allowing the use of a secret database and required adverse events related to medical devices to be reported on the public database.

March 7, 2019

Kaiser Health News broke the story of the FDA allowing medical device manufacturers to report injuries and malfunctions associated with their devices to a secret database, rather than the database that doctors and the public could access.

Because these malfunctions were kept secret, no one knew how poorly the devices were performing and could not make fully informed decisions about implementing them. 

Start Your Free Bard PowerPort™ Lawsuit Consultation Toda

When you entrust your case to Whitley Law Firm, you don’t pass your case off to a settlement mill. You let our family of lawyers comb through your case’s details and create the strongest possible case based on the evidence we find. 

Our product liability attorneys are available for your free case evaluation. Call us at (919) 785-5000 to get started.