Bard PowerPort Catheter Lawsuit in New York

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Statute of limitations — New York

New York has a 3-year statute of limitations for personal injury claims (CPLR § 214). The discovery rule applies for cases involving exposure to toxic substances and has been extended by New York courts to latent device defect injuries. New York also applies CPLR § 214-c for cases involving discovery of latent injuries. PowerPort cases from New York are typically filed in the Southern District of New York (Manhattan) or Eastern District and transferred to the Arizona MDL.

3 years from discovery of injury (CPLR § 214 with discovery rule)

Filing venue

Where to File in New York

MDL 3081 (In re: Bard PowerPort) is centralized before Chief Judge David G. Campbell in the District of Arizona. New York cases from the Southern District (Manhattan/White Plains), Eastern District (Brooklyn/Long Island), Northern District (Albany/Syracuse), and Western District (Buffalo/Rochester) are transferred to D. Ariz. for coordinated pretrial proceedings. New York’s major academic medical centers generate a large volume of MDL-eligible PowerPort cases.

New York applies a 3-year statute of limitations for personal injury claims, including product liability, under CPLR § 214(5). The limitations period begins on the date of injury, not discovery, unless a foreign object theory applies. However, where a PowerPort catheter fragment migrates asymptomatically and is discovered later, the “continuing treatment” doctrine and foreign object exception under CPLR § 214-a may extend the limitations period. Consultation with counsel promptly after diagnosis of catheter fracture is strongly advised.

New York hosts Memorial Sloan Kettering Cancer Center (Manhattan), one of the world’s highest-volume cancer treatment centers, along with Roswell Park Comprehensive Cancer Center (Buffalo), NYU Perlmutter Cancer Center, and Weill Cornell Medicine’s oncology program. These institutions collectively administer chemotherapy to tens of thousands of patients annually, representing a substantial population of PowerPort and PowerPort II recipients in the MDL.

Primary federal venues for New York PowerPort plaintiffs are the S.D.N.Y. (Manhattan) and E.D.N.Y. (Brooklyn), both subject to transfer to MDL 3081. BD (Becton, Dickinson) maintains East Coast corporate and sales operations, and its Bard Medical subsidiary has longstanding supply relationships with New York’s hospital systems. BD’s registered New York business presence supports both general and specific personal jurisdiction in New York state court and federal venue before MDL transfer.

New York data

Exposure in New York

NCI-designated cancer centers in New York City — Memorial Sloan Kettering, NYU Perlmutter, Weill Cornell — among the highest-volume chemotherapy programs in the country

Source: National Cancer Institute, 2024

New York SOL — more generous than the 2-year period in most states; important for PowerPort patients who delayed seeking legal advice

3-year

Source: New York CPLR § 214

Example PowerPort settlement in Kellerman v. Becton Dickinson, E.D. Pa. (comparable jurisdiction values)

$2,900,000

Source: Reported settlement data

Medical resources

Clinics & Specialists in New York

Memorial Sloan Kettering Cancer Center

NYU Langone Perlmutter Cancer Center

FAQ

Frequently Asked Questions

12 QUESTIONS

A Bard PowerPort is a brand of implantable venous access port (IVAP) made by C.R. Bard (now part of Becton Dickinson). It consists of a small reservoir implanted under the chest skin connected to a polyurethane catheter threaded into a large central vein near the heart. The device provides long-term intravenous access for chemotherapy, blood draws, and medication delivery without repeated needle sticks. Millions of patients have received PowerPort devices, with cancer patients being the primary recipients. The defect at the center of current litigation is the polyurethane catheter's susceptibility to fracturing inside the body over time.

The most definitive way to determine whether your PowerPort catheter fractured is through imaging — specifically a chest X-ray or CT scan. A radiodense (white) fragment visible in the right heart, pulmonary artery, or lung field that is not continuous with the port reservoir indicates a fractured fragment. Clinical signs that may prompt evaluation include: inability to aspirate blood from the port, resistance during port flushing, chest pain, shortness of breath, cardiac arrhythmia, or unexplained recurrent bloodstream infections. If your port has been removed and you were told it was "broken" or "incomplete" during removal, that is strong evidence of catheter fracture. Contact an attorney if you have any of these findings in your medical records.

Warning signs of PowerPort catheter fracture include: chest pain near the port site or in the chest generally; shortness of breath that is new or worsening; palpitations or awareness of irregular heartbeat; inability to withdraw blood from the port or flush it normally; recurrent unexplained fevers or bloodstream infections; swelling in the neck or shoulder area near the catheter; and pain radiating to the shoulder or arm on the side of the implant. Because the fracture itself is painless, many patients do not experience obvious symptoms until the migrated fragment causes a secondary complication. Any concern about port malfunction should prompt immediate imaging evaluation.

The litigation primarily involves Bard PowerPort devices with polyurethane catheter tubing. Affected models identified in the MDL include the Bard PowerPort, Bard SlimPort, Bard MRI PowerPort, and related product variants marketed under the PowerPort brand by C.R. Bard and its parent company Becton Dickinson. The common defect is the use of a polyurethane catheter rather than a silicone catheter. If you have your implant card, operative report, or device identification documentation, an attorney can confirm whether your specific device model and lot are included in the litigation. Absence of documentation does not necessarily preclude a claim — hospital implant records can typically be obtained.

Yes. In October 2022, the Judicial Panel on Multidistrict Litigation (JPML) established MDL No. 3:22-md-03062 in the U.S. District Court for the District of Arizona. The MDL consolidates all federally filed Bard PowerPort cases for coordinated pretrial proceedings, including discovery, expert testimony on general causation, and bellwether trials. Filing in the MDL does not mean you waive individual rights — your case retains its individual identity and you will receive your own individual settlement or trial. The MDL process typically moves faster than individual litigation because discovery and expert work is shared across all plaintiffs. An experienced medical device attorney can file your case in federal court for transfer to the MDL.

Leaving a fractured catheter fragment in the cardiovascular system carries serious ongoing risks. The fragment acts as a foreign body that bacteria can colonize, causing persistent or recurrent bloodstream infections and infective endocarditis. The fragment can move to different positions within the heart or pulmonary arteries, increasing the risk of cardiac perforation, arrhythmia, or worsening pulmonary embolism. Inflammation caused by the foreign body can trigger thrombus (clot) formation on the fragment, further increasing embolic risk. For these reasons, most cardiologists and thoracic surgeons recommend retrieval whenever a catheter fragment is identified in the cardiovascular system. The decision of whether and how to retrieve is individualized based on fragment location, patient health status, and procedural risk.

In many cases, yes. Cardiac catheterization using a snare or basket retrieval device can capture and remove intravascular catheter fragments in an outpatient or short-stay procedure, particularly if the fragment is in the right heart chambers or main pulmonary artery. If the fragment is in a peripheral pulmonary arterial branch or has become embedded in cardiac tissue, surgical retrieval may be required. Some fragments in peripheral pulmonary locations are monitored rather than retrieved if retrieval risk exceeds retention risk for a particular patient. A cardiologist or interventional radiologist should evaluate your specific imaging. Importantly, retrieval — whether percutaneous or surgical — is strong documentation of the injury caused by the device defect and is a key component of your legal claim.

Plaintiffs in Bard PowerPort lawsuits can seek both economic and non-economic damages. Economic damages include medical expenses for catheter retrieval (procedure costs, hospitalization, surgery, anesthesia), treatment for complications (sepsis, endocarditis, cardiac/pulmonary conditions), future medical costs including ongoing monitoring and any permanent care needs, and lost wages or diminished earning capacity if the complications caused time away from work or permanent disability. Non-economic damages include pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium for affected spouses and family members. In cases where Bard or BD's conduct is shown to be particularly egregious — including knowingly selling a defective product — punitive damages may also be available.

Both entities are named in litigation. C.R. Bard designed and manufactured the PowerPort and sold it for decades before Becton Dickinson (BD) acquired Bard in 2017. As the acquiring company, BD assumed all of Bard's corporate liabilities, including product liability claims arising from Bard-manufactured devices. BD is the primary defendant in MDL 3:22-md-03062 and in individual state court cases. Plaintiffs argue that Bard knew about the polyurethane degradation risk and failed to adequately warn physicians and patients, and that BD continued to manufacture and sell the product after the acquisition without addressing the known design defect or providing adequate warnings. Whether your device was manufactured before or after the 2017 acquisition, your claim runs against BD as the successor entity.

Yes. The absence of the physical catheter does not bar your claim. Medical records documenting the catheter implantation, subsequent fracture, fragment location on imaging, and retrieval procedure are the primary evidence in PowerPort cases. Hospital implant records can identify the specific PowerPort model and lot number. Pathology reports from explanted device fragments, operative reports describing the fracture finding, and imaging studies showing the fragment trajectory all constitute strong documentary evidence. An attorney experienced in medical device litigation can help you obtain all relevant records through proper legal channels. The key is to preserve and gather documentation of the injury while records are still available.

The statute of limitations for PowerPort claims is typically 2 to 4 years, varying by state, but the critical feature of these cases is the discovery rule: the clock begins running from the date you discovered — or reasonably should have discovered — that your catheter fractured and caused your injuries, not from the date of implantation. Because catheter fractures are silent and many patients are not told about the defect by their physicians, many patients who received a PowerPort years ago still have viable claims under the discovery rule. This is particularly important for cancer survivors who may attribute past symptoms to treatment side effects rather than device failure. Consult an attorney as soon as possible — delay after discovery shrinks your window and weakens your case.

MDL litigation typically takes several years from case filing to resolution. The Bard PowerPort MDL was established in October 2022 and is proceeding through discovery, general causation expert proceedings, and bellwether trial preparation. Bellwether trials — representative cases tried to verdict to provide settlement data — are typically scheduled 2 to 3 years after MDL establishment. If bellwether results are favorable, global settlement negotiations often follow. Individual plaintiffs can expect their cases to resolve through a global settlement or individual trial verdicts within 3 to 6 years of filing, depending on MDL progression. Joining the MDL sooner rather than later is advisable as it preserves your position and access to shared discovery resources. Work with an attorney to understand where the MDL currently stands.

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Where to File in New York

Exposure in New York

Clinics & Specialists in New York

Memorial Sloan Kettering Cancer Center

NYU Langone Perlmutter Cancer Center

Frequently Asked Questions

What is a Bard PowerPort catheter?

How do I know if my PowerPort catheter failed?

What are the signs of a PowerPort catheter fracture?

Which PowerPort models are involved in the litigation?

Is there a federal MDL for Bard PowerPort cases?

What are the risks of leaving a fractured catheter fragment in place?

Can I still have the fractured catheter fragment removed?

What damages are available in a PowerPort catheter lawsuit?

Who is liable — Becton Dickinson or C.R. Bard?

What if I no longer have the catheter — can I still file a claim?

What is the statute of limitations for a PowerPort catheter injury claim?

How long does the PowerPort MDL legal process take?