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

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

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Filing deadline3 years from date of injury or discovery (6-year repose)G.S. § 1-52(16)

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

Updated

01 · Your filing deadline

What is the deadline in North Carolina?

North Carolina has a 3-year statute of limitations for personal injury claims (G.S. § 1-52(16)) and a 6-year statute of repose for products liability (G.S. § 1-50(a)(6)). North Carolina applies pure contributory negligence — plaintiff bears no fault in a design defect case. The Middle District of North Carolina and Eastern District are primary federal venues. A lawyer can confirm yours.

3 years from date of injury or discovery (6-year repose)

The 3-year SOL is more generous than neighboring states.

Source: G.S. § 1-52(16)

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?

North Carolina follows contributory negligence — one of only five US jurisdictions where any plaintiff fault bars recovery entirely. However, in PowerPort design defect cases this is rarely an issue because patients bear no fault for their device fracturing. UNC Lineberger Comprehensive Cancer Center and Duke Cancer Institute are major PowerPort implantation programs.

MDL 3081 (In re: Bard PowerPort) is pending before Chief Judge David G. Campbell in the District of Arizona. North Carolina cases from the Eastern District (Raleigh), Middle District (Greensboro/Winston-Salem), and Western District (Charlotte/Asheville) are transferred to Phoenix for coordinated pretrial proceedings. North Carolina’s Research Triangle and Charlotte medical corridors have produced a growing volume of PowerPort-related MDL filings reflecting the state’s expanding cancer care infrastructure.

North Carolina applies a 3-year statute of limitations for personal injury claims, including product liability, under N.C. Gen. Stat. § 1-52(16). North Carolina’s discovery rule is codified in § 1-52(16), beginning the limitations period when the plaintiff discovers or should have discovered the injury caused by the PowerPort device. North Carolina also imposes a 12-year statute of repose for product liability claims under N.C. Gen. Stat. § 1-46.1, running from the last act of the defendant giving rise to the claim.

North Carolina’s oncology network includes the UNC Lineberger Comprehensive Cancer Center (Chapel Hill — NCI-Designated), Duke Cancer Institute (Durham — NCI-Designated), Wake Forest Baptist Comprehensive Cancer Center (Winston-Salem), and Atrium Health’s Levine Cancer Institute (Charlotte). With three NCI-Designated Cancer Centers and a large community oncology network, North Carolina has a substantial PowerPort recipient population concentrated in the Research Triangle and Piedmont Triad regions.

Key federal venues for North Carolina PowerPort plaintiffs include the M.D.N.C. (Greensboro/Winston-Salem) and W.D.N.C. (Charlotte), both active conduits to MDL 3081. BD’s Bard Medical subsidiary supplies PowerPort devices to North Carolina’s major health systems including UNC Health, Duke Health, Atrium Health, and Novant Health. BD’s established North Carolina distribution and sales operations support personal jurisdiction in North Carolina state and federal courts.

Medical facilities in North Carolina

  • UNC Lineberger Comprehensive Cancer Center

  • Duke 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 North Carolina.

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 North Carolina? Read what applies in your state.

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

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Sources

  1. G.S. § 1-52(16)