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

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

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Filing deadline2 years from discovery of injury (2 years as of March 2023; prior cases 4 years)Fla. Stat. § 95.11(3)

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

Updated

01 · Your filing deadline

What is the deadline in Florida?

Florida reduced its personal injury SOL from 4 years to 2 years effective March 24, 2023 (Fla. Stat. § 95.11(3)). The discovery rule applies — the clock starts when the plaintiff knew or should have known of the injury and its cause. Cases filed before the SOL change are governed by the 4-year period. A lawyer can confirm yours.

2 years from discovery of injury (2 years as of March 2023; prior cases 4 years)

Florida's Moffitt Cancer Center in Tampa and University of Miami Sylvester Comprehensive Cancer Center are major PowerPort implantation centers. PowerPort cases from Florida are filed in the Middle, Southern, or Northern District and transferred to Arizona MDL.

Source: Fla. Stat. § 95.11(3)

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?

Florida has a 2-year statute of limitations for personal injury claims as of 2023 (reduced from 4 years), with the discovery rule applicable to PowerPort fracture cases where the injury was not immediately apparent. Florida's large elderly population — a demographic with high cancer incidence and PowerPort usage — makes it a significant state for PowerPort litigation.

MDL 3081 (In re: Bard PowerPort) is administered by Chief Judge David G. Campbell in the District of Arizona. Florida cases originating in the Northern (Tallahassee/Pensacola), Middle (Tampa/Orlando/Jacksonville), or Southern (Miami/Fort Lauderdale/West Palm Beach) Districts of Florida are transferred to D. Ariz. for consolidated pretrial proceedings. Florida’s large and aging cancer patient population has generated substantial MDL 3081 participation.

Fla. Stat. § 95.11(3)(d) sets a 4-year limitations period for product-injury personal injury claims. Florida’s discovery rule tolls the period until the claimant knew or should have known of the injury and its cause. Florida also applies a 12-year statute of repose for products liability claims under Fla. Stat. § 95.031(2)(b), running from the date the device left the manufacturer’s possession.

Florida’s NCI-Designated Cancer Centers include Moffitt Cancer Center (Tampa), Sylvester Comprehensive Cancer Center (Miami), and Mayo Clinic Cancer Center (Jacksonville). Moffitt’s high-volume infusion program and extensive port-implantation practice make it a significant source of PowerPort recipients in MDL 3081 filings. Florida’s large Medicare-eligible population also means a disproportionate share of implanted port-a-cath patients for chemotherapy access.

Key federal venues for Florida PowerPort plaintiffs include the M.D. Fla. (Tampa Division) and S.D. Fla. (Miami Division), both of which transfer cases to MDL 3081. BD’s Bard Medical subsidiary markets and distributes PowerPort devices throughout Florida’s extensive hospital and outpatient oncology network. BD’s established Florida sales presence and distribution channels support personal jurisdiction in Florida state courts and in any federal venue prior to MDL transfer.

Medical facilities in Florida

  • Moffitt Cancer Center

  • Sylvester Comprehensive Cancer Center, University of Miami

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 Florida.

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 Florida? Read what applies in your state.

If a participating law firm takes your case, it explains your options.

Ask a law firm to review your case

Sources

  1. Fla. Stat. § 95.11(3)