TMP Master Class - Personal Injury Litigation

Bard Powerport Litigation Is Active And Growing. Turnbull, Moak & Pendergrass Is Accepting Cases Now.

Under product liability tort law, medical device manufacturers have a legal duty to design safe products, manufacture them correctly, and warn patients and physicians about known risks. When a manufacturer places a defective device into vulnerable patients and conceals or ignores evidence of that defect, it can be held liable for the harm that follows.

At Turnbull, Moak & Pendergrass, we represent clients in mass tort and product liability cases against the world's largest medical device corporations. Every consultation is free, and we work exclusively on a contingency basis, meaning you pay nothing unless we win.

Key Statistics:

  • 3,100+: Federal claims consolidated in MDL No. 3081 as of May 2026.
  • 438: FDA adverse event reports filed in a single three-month period (Dec. 2025–Feb. 2026).
  • 6.7%: PowerPort migration rate documented in published research.
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What Is The Bard Powerport?

The Bard PowerPort is an implantable venous access device placed beneath the skin, usually in the chest, and connected to a catheter that leads to a large vein near the heart. It's commonly used in cancer patients receiving chemotherapy and those needing long-term IV access for medications or blood draws, reducing the need for repeated needle insertions during treatment.

At the center of the litigation is the catheter's material composition. Bard PowerPort catheters are made from a polyurethane compound called Chronoflex AL, which contains barium sulfate, an additive that makes the catheter visible on X-ray and CT imaging. Plaintiffs allege that this combination is the device's fatal flaw.

According to published research in the Journal of the Mechanical Behavior of Biomedical Materials, barium sulfate particles near the catheter surface separate over time, creating microscopic notches that make the catheter vulnerable to cracking and breaking apart inside the body.

Plaintiffs further allege that Bard used an excessive concentration of barium sulfate in the Chronoflex material, accelerating degradation and making the catheters more brittle than they should have been. The same surface degradation that creates fracture risk also promotes bacterial colonization, contributing to the serious infections reported by hundreds of patients.

When a catheter fractures, fragments can break loose and travel through the bloodstream to the heart, lungs, or other critical vessels. The consequences can include:

  • Cardiac arrhythmia
  • Pulmonary embolism
  • Vascular perforation
  • Emergency surgery
  • Death

Plaintiffs claim that Bard concealed adverse event data through the now-discontinued FDA Alternative Summary Reporting program, which allowed manufacturers to submit injury reports to a hidden database instead of the publicly accessible MAUDE database.

The MAUDE database now contains hundreds of adverse event reports related to Bard PowerPort failures, including 438 reports filed between December 2025 and February 2026 alone, reflecting 111 cases of blood clots and 17 cases of pulmonary embolism.

Despite this mounting evidence, Bard has not issued a recall related to the Chronoflex catheter material.

man grabbing his chest

Active Federal Litigation

All federal Bard PowerPort lawsuits have been consolidated into MDL No. 3081 in the U.S. District Court for the District of Arizona, before Judge David G. Campbell. The MDL was established in July 2023 and has grown to more than 3,100 federal cases, making it one of the fastest-growing product liability litigations in the country.

Six bellwether cases have been selected for trial, covering the three primary injury categories at issue: infection, thrombosis, and catheter fracture. The first bellwether trial began in April 2026. Outcomes in these early trials will not legally bind other cases but will set expectations for case values and drive global settlement negotiations.

The litigation is also proceeding in parallel in state courts in Arizona, New Jersey, and other jurisdictions. Filing now ensures your claim is properly documented and positioned before bellwether outcomes shape the settlement landscape.

Who Uses Bard PowerPorts and Where Failures Happen

Bard PowerPort injuries are not limited to a single patient population or setting. Devices have failed in:

  • Oncology patients receiving long-term chemotherapy infusions
  • Dialysis patients requiring repeated vascular access
  • Patients receiving long-term antibiotic, antifungal, or nutritional therapy
  • Patients undergoing power injection procedures for CT contrast imaging, which is the specific use case for which the PowerPort received its FDA clearance
  • Pediatric patients requiring extended IV access
  • Patients in hospital, outpatient infusion center, and home health settings

The longer a device is implanted, the greater the risk of Chronoflex degradation, making long-term patients particularly vulnerable.

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Symptoms Of A Bard PowerPort Failure

These symptoms may indicate a catheter fracture, migration, or infection:

  • Chest pain or pressure, particularly near the port site
  • Irregular heartbeat or palpitations
  • Shortness of breath or difficulty breathing
  • Shoulder or neck pain
  • Swelling, redness, warmth, or visible changes at the port site
  • Fever or chills suggesting systemic infection
  • Inability to draw blood through the port, or resistance during infusion
  • New or unexplained imaging findings showing catheter displacement

Brett Turnbull

Who Can Be Held Liable?

  • C.R. Bard, Inc., the original manufacturer of the PowerPort device
  • Becton, Dickinson and Company (BD), the successor corporation following its 2017 acquisition of Bard, named in the majority of current MDL claims
  • Bard Access Systems, Inc., a Bard subsidiary involved in the design and marketing of the device
  • Potentially, healthcare providers in limited circumstances where a provider had specific knowledge of device risks and failed to counsel or monitor patients appropriately

What You May Be Entitled to Recover

  • Past and future medical expenses, including psychological treatment and therapy
  • Lost wages and diminished future earning capacity
  • Pain, suffering, and emotional distress
  • Loss of enjoyment of life and loss of consortium
  • Costs of ongoing rehabilitation, monitoring, and follow-up care
  • Punitive damages when courts find that BD/Bard's conduct in concealing known risks was especially egregious, to punish the company and deter future misconduct
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Do You Have a Bard PowerPort Claim?

You may be eligible to file a lawsuit if:

  • You had a Bard PowerPort, Bard Port, PowerPort MRI, Bard Access Systems port, BardPort, SlimPort, X-Port, or similar Bard/BD implantable venous access device implanted on or after January 1, 2000
  • You suffered a catheter fracture, breakage, or fragmentation
  • A catheter fragment migrated to your heart, lungs, or bloodstream
  • You developed a serious infection, sepsis, or bloodstream infection related to port failure
  • You experienced thrombosis, blood clots, pulmonary embolism, or cardiac complications
  • You required emergency surgery or additional medical intervention related to a port failure
  • A loved one died due to complications related to a Bard PowerPort failure

Steps To Take: What To Do If You Were Injured By A Bard Powerport

1. Seek medical attention immediately.

If you are experiencing symptoms of catheter failure, this is a medical emergency. Get treatment first.

2. Request your medical and device records.

Gather all records related to your PowerPort implantation:

  • The operative report
  • Device label or sticker
  • Medical records documenting complications
  • Imaging studies
  • Any records of surgical removal or intervention

The device's lot number and catalog number are important to your claim.

3. Preserve the device if it was removed.

If your PowerPort was surgically removed, request that the device be preserved rather than discarded. Physical evidence of the device is valuable to your case.

4. Do not contact BD/Bard or their representatives.

Any communication with the company or its attorneys before retaining your own counsel can be used against your claim.

5. Call Turnbull, Moak & Pendergrass.

We will evaluate your claim at no cost, explain exactly where you stand, and tell you how to move forward—clearly, honestly, and without pressure.

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The Imbalance of Power Is Real. We Level It.

Becton, Dickinson and Company reported over $19 billion in revenue last year. It has employed product liability defense counsel to defend against claims, demonstrating a tendency to blame physicians for device failures rather than acknowledging product defects. That is a defense built to exhaust unrepresented plaintiffs and overwhelm underprepared attorneys.

We are neither.

Brett Turnbull founded this firm on a collaborative model because beating sophisticated corporate defendants requires a team as sophisticated as they are. Our attorneys have dedicated a significant portion of their practice to complex mass tort litigation involving medical device and pharmaceutical manufacturers, securing favorable outcomes in courts across the country in cases that other firms declined to take. We have tried more than 127 cases to verdict across 36 states, won against some of the most powerful defendants in American litigation, and prepared every case for trial from day one.

Beyond the courtroom credentials, what matters here is timing. The bellwether trials now underway will shape the settlement landscape for every claim in this MDL. An experienced attorney ensures your claim is filed correctly and on time, your medical records and device documentation are properly preserved, and your individual case is developed alongside—not lost within—the broader litigation.

Your positioning matters now, not later. Call (888) 488-9616 for a free consultation. You pay nothing unless we win.

FAQ

Has the Bard PowerPort been recalled?

Bard issued a limited recall of 178 PowerPort devices in 2019 for an unrelated issue: a wrong catheter tip in certain lots. There has been no recall specifically addressing the Chronoflex catheter material degradation at issue in the current litigation, despite hundreds of adverse event reports filed with the FDA. The absence of a recall does not bar you from filing a product liability claim.

Do I still need to have the device implanted to file a claim?

No. Many plaintiffs had their devices surgically removed due to complications. Whether your device is still implanted, has been removed, or a fragment has migrated, you may still have a valid claim. If the device was removed, request that it be preserved if at all possible.

How long do I have to file a Bard PowerPort lawsuit?

Statutes of limitations for product liability claims vary by state, typically ranging from two to four years from the date of injury or the date you reasonably discovered the connection between your injury and the device. Contact us as soon as possible to ensure your claim is evaluated before any deadline passes.

What is the legal basis for a Bard PowerPort claim?

These are civil product liability claims rooted in defective design, manufacturing defect, and failure to warn. They are separate from any criminal proceedings and seek monetary compensation for the harm caused by the device. Depending on the number of plaintiffs and case structure, claims may also proceed as part of mass tort litigation.

Disclaimer: No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers. — Alabama Rule of Professional Conduct 7.2(e)

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Courteous, Tenacious, Professional and attention to detail Client

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If you are looking for a law firm to represent you for an injury, brain injury case in a daycare like we did, then you should highly consider the attorneys at Turnbull, Moak and Pendergrass. We wer...

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Thank you so much for all of your help Client Injured in Alabama

After my car accident in 2020 life for my family turned upside-down. Everything, every movement every action took so much effort and thought, nothing about our life was easy anymore. I hired Tim Ho...

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I really love the expertise of this firm. Client Injured in Georgia

I really love the expertise of this firm. They are forward in the aspect of your case They answered all my questions truthfully, honestly. Being patient with this firm got me great results. I would...

I really love the expertise of this firm. They are forward in the aspect of your case They answered all my questions truthfully, honestly. Being patient with this firm got me great results. I would recommend them to whomever need help. Thank you for all the great and hard work.

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The Turnbull, Moak & Pendergrass, PC has been recommended to me by my friend and I couldn’t be happier with his choice. Everyone at the Firm was extremely helpful and understanding, check...

The Turnbull, Moak & Pendergrass, PC has been recommended to me by my friend and I couldn’t be happier with his choice. Everyone at the Firm was extremely helpful and understanding, checking on me frequently and providing me with all needed information. Will Lattimore is a great attorney and I’m grateful for all the hard work he did on my case. Returning all the calls promptly and going out of his way on many occasions to help with questions and concerns I had with my case. I highly recommend Turnbull, Moak & Pendergrass, PC to anyone with legal needs. Again, thank you all, thank you Will for all you did to help me resolve my case.

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This firm has done an outstanding job helping me with the legal services I needed. They took extremely good care of me and were straight to the point about every part of the process. I 10/10 will reco...

This firm has done an outstanding job helping me with the legal services I needed. They took extremely good care of me and were straight to the point about every part of the process. I 10/10 will recommend them to any of my friends or family that may need legal assistance and will use them again myself. Thank y’all so much!

I had a problem getting a big insurance company to pay me for one of their client’s mistake. They refused to. But within a few days of my having hired Turnbull, Moak & Pendergrass, PC, th...

I had a problem getting a big insurance company to pay me for one of their client’s mistake. They refused to. But within a few days of my having hired Turnbull, Moak & Pendergrass, PC, the insurance company changed their tune. Thank you, Will, and the whole firm. I was able to focus on getting myself healed. If I need another attorney I’ll be back!

When the pressure is on, you want these guys in your corner. Rustin Smith, Smith Hulsey Law

Nationally-recognized trial lawyers who handle high stakes personal injury, products liability, mass tort, and medical malpractice cases. When the pressure is on, you want these guys in your corner...

Nationally-recognized trial lawyers who handle high stakes personal injury, products liability, mass tort, and medical malpractice cases. When the pressure is on, you want these guys in your corner.

They were timely, well prepared and a class act. Ed Ortega, Esq.

They were timely, well prepared and a class act. They had a good in-depth understanding of the facts of the case and communicated well to the jury.

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As a national trial consultant, I know good lawyers, and these lawyers are some of the very best I’ve seen. I’ve seen them take on the biggest companies and win big for their clients.

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