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A Comprehensive Writeup on the Bard PowerPort Lawsuit

LawA Comprehensive Writeup on the Bard PowerPort Lawsuit

The Bard PowerPort, aka BardPort, manufactured by Bard Access Systems, Inc., is the reason for one of the biggest multi-district litigations (MDL) in recent times. As of December 2023, 64 patients who used the device have filed a Bard PowerPort lawsuit. Lawyers have predicted that more people will file Bard PowerPort lawsuits as more patients and their doctors realize the damage these devices are causing. To file this kind of lawsuit, you’ll need the services of a Bard PowerPort injury lawyer.

To understand what this lawsuit is all about, we need to take a quick look at the device under fire. The Bard PowerPort is a port/catheter system that can be implanted under a patient’s skin around the arm or chest area. With this device, medication, blood products, parenteral nutrition solutions, and intravenous fluids can be administered repeatedly to the body’s vascular system. 

So, how does something designed to save lives end up worsening the lives of patients? The legal theory that has been raised insists that there is a flaw in the tubing of the catheter. This flaw allows the tubing to break off because of the barium sulfate present in the ports. 

When these pieces crack or break down, they find entry into the body. This leads to complications, infections, and internal injuries. The fact that the device is hidden under the skin makes it challenging to prove these theories. However, proper evidence gathering can help you win your claim.

Bard PowerPort Lawsuit Eligibility

The eligibility requirements you must fulfill to file this lawsuit are:

  • You currently or used to have a BardPort implanted under your skin. 
  • Had an illness or injury that was caused by the device.

Once you fulfill these requirements, you can contact an injury lawyer. Haste is needed when it comes to filing this lawsuit. According to state laws, if you don’t file a lawsuit within a certain period after you are injured, you lose the right to make a claim. You can read this article to learn more about this duration limit.

Process of Filing a Bard PowerPort Lawsuit

The endgame of filing a Bard PowerPort lawsuit is to hold Bard Access Systems, Inc. accountable and also get compensated for the injuries or illness the device caused. Once you’ve hired a Bard PowerPort injury lawyer, they’ll follow the steps below to file the lawsuit.

Case Review

The first thing they’ll do is to review the case. This is usually a free service and is done to determine if your case holds water.

Gather Evidence

Evidence wins a case in a court of law. Therefore, once they’ve determined that there is a case, the next step is to gather relevant, key information. This evidence will be used to support your claim. 

So, you can expect them to get notes from the medical practitioner who treated you and inserted the device under your skin. The doctor must also be willing to testify on your behalf. Your lawyer must prove, with evidence, that the Bard PowerPort that was inserted under your skin directly caused your medical complications. All these will ensure you have proof that can be admitted to court.

File the Lawsuit

Once your lawyer believes they have all the evidence they need, they’ll go ahead and take care of the required paperwork. The lawsuit is then correctly filed and within the duration limit. 

Settlement Negotiation

After filing the Bard PowerPort lawsuit, the lawyer will begin to plan how to negotiate with the manufacturer for a settlement. Click here to learn more about settlement negotiations in personal injury lawsuits. The amount you receive as a settlement is determined by the following:

  • The cost of your medical expenses
  • Your injury’s severity
  • The strength of the evidence you provided
  • The experience and skills of your attorney

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