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

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

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Filing deadline3 years from accrual (MCL 600.5827)MCL § 600.5805

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

Updated

01 · Your filing deadline

What is the deadline in Michigan?

Michigan has a 3-year statute of limitations for personal injury and products liability claims (MCL § 600.5805). Michigan has no general discovery rule: a claim accrues when the wrong is done, regardless of when damage results, unless a statute provides otherwise (MCL 600.5827; Trentadue v. Buckler Automatic Lawn Sprinkler Co., 479 Mich. 378 (2007)). The Eastern District of Michigan (Detroit) is the primary federal venue for Michigan PowerPort cases. A lawyer can confirm yours.

3 years from accrual (MCL 600.5827)

Source: MCL § 600.5805

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?

Michigan has a 3-year statute of limitations for personal injury and product liability claims and no general discovery rule (MCL 600.5827). The University of Michigan Rogel Cancer Center and Karmanos Cancer Institute in Detroit are the state's major NCI-designated cancer centers with high PowerPort usage in their oncology programs.

MDL 3081 (In re: Bard PowerPort) is centralized before Chief Judge David G. Campbell in the District of Arizona. Michigan cases from the Eastern District (Detroit/Flint/Ann Arbor) and Western District (Grand Rapids/Lansing/Kalamazoo) are transferred to Phoenix for consolidated pretrial proceedings. Michigan’s major academic medical centers — particularly in Ann Arbor and Detroit — have generated a meaningful volume of PowerPort-related MDL filings.

Michigan imposes a 3-year statute of limitations for personal injury and product liability claims under MCL § 600.5805(2). Michigan has no general discovery rule: a claim accrues when the wrong is done, regardless of when damage results, unless a statute provides otherwise (MCL 600.5827; Trentadue v. Buckler Automatic Lawn Sprinkler Co., 479 Mich. 378 (2007)). Michigan has no product liability statute of repose; under MCL § 600.5805(12), for a product in use for at least 10 years the plaintiff must prove a prima facie case without the benefit of any presumption, which may affect older PowerPort implant cases.

Michigan’s cancer care network includes the University of Michigan Rogel Cancer Center (Ann Arbor — NCI-Designated Comprehensive Cancer Center), Karmanos Cancer Institute (Detroit — NCI-Designated), Spectrum Health/Corewell Health’s cancer programs in Grand Rapids, and Henry Ford Cancer Institute (Detroit). Michigan’s two NCI-Designated Cancer Centers and extensive university health system infrastructure support high PowerPort utilization in chemotherapy-dependent patient populations statewide.

Primary federal venues for Michigan PowerPort plaintiffs are the E.D. Mich. (Detroit/Ann Arbor Division) and W.D. Mich. (Grand Rapids Division), both of which transfer cases to MDL 3081 in Arizona. BD’s Bard Medical subsidiary distributes PowerPort devices through Michigan’s major GPO and IDN contracts and maintains sales territory management serving Michigan health systems including Michigan Medicine, Henry Ford Health, and Corewell Health. BD’s Michigan market contacts support personal jurisdiction in Michigan state and federal courts.

Medical facilities in Michigan

  • University of Michigan Rogel Cancer Center

  • Karmanos Cancer Institute

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 Michigan.

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 Michigan? Read what applies in your state.

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

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Sources

  1. MCL § 600.5805