California · Bard PowerPort claims: who can file and what to do

Bard PowerPort claims: who can file and what to do in California

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Filing deadline2 years from discovery of injury (discovery rule applies)CCP § 335.1

Deadlines vary with the facts of each case. A lawyer can confirm yours.

Updated

01 · Your filing deadline

What is the deadline in California?

California has a 2-year statute of limitations for personal injury claims including product liability (CCP § 335.1). The discovery rule applies: the clock starts when the plaintiff discovered or should have discovered the injury and its connection to the device. Cancer centers with high PowerPort implantation volumes include UC San Francisco Medical Center, Cedars-Sinai, City of Hope, and Stanford Health Care. A lawyer can confirm yours.

2 years from discovery of injury (discovery rule applies)

Source: CCP § 335.1

Deadlines vary; a lawyer can confirm yours. An older diagnosis or a past filing window does not, by itself, establish whether you have a claim.

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A lawyer can check which filing rules apply to your circumstances.

02 · Where cases are heard

Where would my case be heard?

California's discovery rule is plaintiff-friendly and critical in PowerPort cases — the 2-year SOL does not begin until the patient knew or should have known the catheter fractured and caused injury, not at implantation. California has some of the highest concentrations of NCI-designated cancer centers in the country, corresponding to a large population of PowerPort recipients in the oncology patient community.

MDL 3081 (In re: Bard PowerPort) is pending in the U.S. District Court for the District of Arizona before Chief Judge David G. Campbell in Phoenix. California plaintiffs whose cases were filed in the Northern, Central, Eastern, or Southern Districts of California are automatically transferred to MDL 3081 for consolidated pretrial proceedings. California accounts for the largest single-state share of MDL filings, reflecting the state’s large oncology patient population.

California’s statute of limitations for product liability personal injury claims is 2 years from the date of discovery (CCP § 335.1). The discovery rule tolls the clock until the plaintiff knew or reasonably should have known that the PowerPort catheter fractured and caused injury — not from implantation. Plaintiffs with fracture events confirmed by imaging should seek counsel promptly to protect their rights.

California’s five NCI-Designated Comprehensive Cancer Centers — UCSF Helen Diller, City of Hope, Stanford Cancer Center, UC San Diego Moores, and UCLA Jonsson — collectively implant thousands of PowerPort and PowerPort II devices annually for chemotherapy access. High-volume oncology practices in Los Angeles, the Bay Area, and San Diego report significant PowerPort penetration among their port-dependent patient populations.

Key federal courts for California PowerPort plaintiffs include the N.D. Cal. (San Jose/San Francisco), C.D. Cal. (Los Angeles), and S.D. Cal. (San Diego) — all subject to transfer to D. Ariz. MDL 3081. Becton, Dickinson and Company (BD) and its Bard Medical division maintain West Coast distribution and medical-device sales operations headquartered regionally in the Los Angeles area. BD’s California market presence supports jurisdiction and venue in state and federal courts statewide.

Medical facilities in California

  • UC San Francisco Medical Center — UCSF Helen Diller Family Comprehensive Cancer Center

  • City of Hope National Medical Center

How this works nationally

For the overall process and updates, read the Bard PowerPort claims: who can file and what to do overview. This page covers the local information available for California.

What happens when I check?

You answer a few short questions about what happened. If you send them, a participating law firm reviews your answers. If the firm takes your case, it explains your options. People's Justice is not a law firm.

Live in California? Read what applies in your state.

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Sources

  1. CCP § 335.1