Medical device failures can result in severe health complications and even life-threatening conditions for patients. One such device, the Bard PowerPort, has been linked to numerous injuries and adverse events, prompting lawsuits against the manufacturer, C.R. Bard (now part of BD). If you or a loved one has suffered harm due to the use of a Bard PowerPort, you may qualify to file a lawsuit and seek compensation.
In the guide below, the defective product attorneys at Kherkher Garcia will explain what the Bard PowerPort is, its risks, and who may qualify to file a lawsuit. If you have questions, do not hesitate to contact Kherkher Garcia directly.
What Is the Bard PowerPort?
The Bard PowerPort is a type of implantable vascular access device (IVAD) used to administer medications, fluids, and nutrients directly into the bloodstream. It is commonly used in patients requiring long-term intravenous (IV) treatments, such as chemotherapy, dialysis, or other therapies that involve regular injections or infusions. The device consists of a small, implantable port connected to a catheter inserted into a large vein, typically in the chest area.
One of the primary advantages of the Bard PowerPort is that it allows healthcare providers to access a patient’s veins easily and repeatedly without the need for frequent needle sticks. The device is designed for both standard IV treatments and “power injection,” where high-pressure injections of contrast dye are administered during imaging procedures like CT scans.
However, the device has been associated with several risks and complications that have led to lawsuits alleging design defects and inadequate warnings about potential dangers.
Complications Linked to the Bard PowerPort
While the Bard PowerPort was designed to provide long-term, reliable vascular access, patients have reported severe complications linked to the device. Some of the most common complications include:
- Infections: Patients with Bard PowerPorts may develop infections at the port site or along the catheter. In severe cases, these infections can spread to the bloodstream, causing sepsis, which can be fatal if left untreated.
- Blood Clots: The presence of the catheter in the bloodstream increases the risk of blood clots, which can lead to deep vein thrombosis (DVT) or pulmonary embolism (PE). Blood clots can obstruct blood flow, causing serious health issues or even death.
- Catheter Fractures and Migration: The catheter component of the Bard PowerPort may fracture or become dislodged, allowing pieces of the device to migrate to other parts of the body, such as the heart or lungs. This can result in life-threatening complications, including punctured blood vessels, heart attack, or stroke.
- Device Malfunctions: Some patients have reported that the Bard PowerPort fails to function properly, leading to inadequate delivery of medications or treatments. Device malfunctions may necessitate additional medical procedures to remove or replace the port, adding to the patient’s physical and emotional stress.
- Pain and Discomfort: Many patients experience pain, swelling, or discomfort at the implantation site or along the catheter path. These symptoms can significantly impact a patient’s quality of life, especially if they require ongoing medical treatment.
Any of these complications can be devastating to patients and their families. It is vital that anyone using a Bard PowerPort understand the risks and speak up when complications do occur.
Allegations in Bard PowerPort Lawsuits
Plaintiffs in Bard PowerPort lawsuits have accused C.R. Bard of manufacturing a defective device and failing to provide adequate warnings to patients and healthcare providers about the risks associated with the device. Some of the key allegations in these lawsuits include:
- Design Defects: Plaintiffs allege that the Bard PowerPort’s design increases the likelihood of fractures, infections, and other complications. These design flaws, according to plaintiffs, make the device inherently dangerous for patients.
- Failure to Warn: Another major allegation is that Bard failed to provide sufficient warnings about the risks associated with the PowerPort. Plaintiffs argue that Bard did not adequately inform patients or medical professionals about the potential for serious complications, which could have influenced decisions regarding treatment options.
- Negligence: Plaintiffs claim that Bard was negligent in the design, testing, manufacturing, and marketing of the PowerPort. They argue that the company did not take the necessary steps to ensure the safety and efficacy of the device before releasing it to the public.
Product manufacturers have a duty to design and manufacture products that are safe and operate as intended. They also must provide warnings to healthcare providers and patients about potential risks in order for patients to be adequately informed. When they fail to meet these obligations, patients are put at risk for serious injury or death.
Who Qualifies to File a Bard PowerPort Lawsuit?
If you have been injured as a result of using a Bard PowerPort, you may qualify to file a lawsuit. Below are the key factors that may determine whether you are eligible to pursue legal action:
Use of a Bard PowerPort
To qualify for a lawsuit, you must have been implanted with a Bard PowerPort device. Medical records and documentation confirming the type of device you received will be crucial in establishing this fact. In some cases, patients may not be immediately aware of the specific brand or model of their IVAD, so it’s important to consult with a healthcare provider to confirm this information.
Injuries or Complications Linked to the Device
To file a lawsuit, you must have experienced complications or injuries directly related to the Bard PowerPort. Some of the qualifying injuries include:
- Infections requiring medical intervention or hospitalization
- Blood clots (DVT or PE) caused by the port or catheter
- Device malfunction, such as catheter fracture or migration
- Pain, swelling, or other physical symptoms linked to the device
- The need for surgical removal or replacement of the port due to device failure
In addition to these physical injuries, plaintiffs may also seek compensation for emotional distress, reduced quality of life, and other non-physical harms resulting from their injuries.
Causation
In order to pursue a Bard PowerPort lawsuit, it’s necessary to establish that your injuries were caused by the device. This may require medical records, expert testimony, and other evidence to show that the complications you experienced were a direct result of the PowerPort device and not another unrelated medical condition.
Timing of the Lawsuit (Statute of Limitations)
Each state has a statute of limitations that sets a time limit for filing product liability lawsuits. This time period typically begins from the date of injury or when the injury was discovered. If you believe that your injuries were caused by a Bard PowerPort, it’s important to consult with an attorney as soon as possible to ensure that your case is filed within the applicable statute of limitations. Filing a lawsuit after this period expires could result in the case being dismissed, preventing you from recovering compensation.
Family Members of Deceased Patients
If a loved one has died as a result of complications from a Bard PowerPort, family members may be eligible to file a wrongful death lawsuit. These claims can seek compensation for funeral expenses, loss of companionship, and other damages related to the untimely death of the patient.
How Kherkher Garcia Can Help
If you or a loved one has suffered complications due to a Bard PowerPort, the attorneys at Kherkher Garcia can help you determine whether you qualify to file a lawsuit. Our experienced legal team will review your case, gather the necessary evidence, and guide you through the legal process to pursue compensation for your injuries.
We understand that dealing with the consequences of a defective medical device can be overwhelming, especially when you are also facing health challenges. Kherkher Garcia is committed to advocating for victims of defective products and holding manufacturers accountable for their negligence. Our attorneys will work tirelessly to seek the justice and compensation you deserve.
If you believe you have been harmed by a Bard PowerPort, don’t wait to take action. Contact Kherkher Garcia today for a free consultation to discuss your legal options and determine if you qualify to file a Bard PowerPort lawsuit. Call 713-333-1030, or complete our online contact form to get started.
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