PowerPort MDL Settlement Timeline — What to Expect

Phase 1: Case Filing and MDL Enrollment

The first step for a PowerPort plaintiff is filing a complaint in federal court — in any federal district — and serving it on Becton Dickinson. The case is then transferred to MDL 3:22-md-03062 in the District of Arizona by the JPML. Within the MDL, each plaintiff completes a Plaintiff Fact Sheet (PFS) within the deadline set by the court's Case Management Order. The PFS asks detailed questions about the device implantation, medical history, fracture discovery, imaging findings, treatment, and economic losses. Providing complete, accurate, and well-documented PFS responses is critical — deficiencies can result in the case being placed on a delinquency list or dismissed. Your attorney handles PFS preparation and submission.

Phase 2: Discovery — Documents and Depositions

MDL discovery involves two parallel tracks. Common discovery — conducted by the PSC on behalf of all plaintiffs — addresses BD's internal documents: materials science testing of the polyurethane catheter, adverse event reports, regulatory submissions, communications between engineering and legal teams, and post-market surveillance data. Individual discovery — specific to individual plaintiffs' cases — involves obtaining each plaintiff's medical records, device records, and identifying treating physician witnesses. Common discovery depositions of BD corporate witnesses (engineers, regulatory affairs personnel, marketing executives) are conducted once but available to all plaintiffs. General causation expert reports — addressing whether the PowerPort polyurethane catheter can cause the alleged injuries — are disclosed and challenged through Daubert motions heard by the MDL judge.

Phase 3: Bellwether Trials and Settlement Pressure

Bellwether trials are the engine of MDL settlements. The court selects a pool of representative cases — chosen to reflect the range of injury severity, causation theories, and plaintiff demographics in the MDL — and schedules them for trial before the MDL judge or remand to their home districts. Bellwether verdicts, whether plaintiff or defense wins, provide both sides with concrete data about jury receptivity to the liability and damages evidence. Favorable plaintiff verdicts increase settlement pressure on BD and generate momentum toward global settlement negotiations. Unfavorable verdicts may prompt plaintiffs to accept lower settlement offers.

Phase 4: Global Settlement and Individual Compensation

Following successful bellwether trials, global settlement negotiations begin between BD and the PSC. A global settlement establishes a total fund and a points-based or grid-based allocation system that assigns individual settlement amounts based on injury severity tier, age at injury, economic losses, and other factors. Each individual plaintiff receives a settlement offer based on their position on the allocation grid. The claims administrator — an independent entity appointed to administer the settlement fund — reviews each plaintiff's documentation to verify the injury tier and calculate the individual payment.

Plaintiffs who accept the global settlement sign a release of all claims against BD and Bard in exchange for their individual payment. Plaintiffs who reject the settlement may pursue their cases individually — either in the MDL or remanded to their home district for trial. The vast majority of plaintiffs accept global settlements because they provide a certain recovery without the risk and delay of individual trial. Payments are typically made within 6 to 12 months of settlement acceptance after the claims administrator completes the documentation review process. Your attorney will advise you on whether the settlement offer for your specific case is fair given your injuries and circumstances.