New Lawsuit Allegations: Manufacturer Under Fire
Recently, a manufacturer of port-a-cats has been sued for allegedly failing to investigate reported incidents and warnings regarding these devices and resulting injuries caused by malfunctions. We’ll discuss what happened with this lawsuit and why it’s so important for both cancer patients and their families to take notice of its potential significance.
The Plaintiffs have initiated legal proceedings against the Defendants, alleging that their device, Bard PowerPort ClearVue Implantable Port, also known as Port-A-Cath, Port Catheter, or Chemo Port, may cause significant harm. The device in question is implanted in patients for the delivery of medications and blood products, as well as for blood draws, and is marketed as a safe and effective option. However, the Plaintiffs claim that the device is flawed and potentially dangerous, and that the Defendants failed to provide adequate warnings or instructions about its use. The lawsuit seeks compensation for the physical and emotional damages suffered by the Plaintiffs due to the alleged defective device, as well as for the medical expenses and lost income incurred as a result of their injuries.
The PowerPort system is comprised of two vital parts- an injection port and a polyurethane catheter. As per the marketing materials of the Defendants, the polyurethane catheter is designed with a decreased predisposition towards surface biodegradation, making it remarkably durable and less prone to environmental stress cracking. In essence, the PowerPort system emphasizes the toughness and longevity of its polyurethane catheter, thus providing an added layer of reassurance to its users. Such a quality may also reduce the likelihood of the catheter breaking down over time, which could potentially lead to complications in medical treatments.
The quality of a barium sulfate-impregnated polyurethane material is greatly influenced by the concentration of barium sulfate and the uniformity of the altered polymer. Unfortunately, a flaw in the manufacturing process resulted in an unevenly modified polymer, leading to an uneven catheter surface characterized by cracks, pits, and fissures. This surface degradation poses a significant risk of thromboembolism, which could have been prevented or minimized through design changes that include enclosing the radiopaque compound or utilizing a different polymer formulation. However, the Defendants chose not to incorporate such improvements into the PowerPort, thereby failing to address the potential dangers associated with its use.
These failures were often associated with reports of severe patient injuries such as:
a. hemorrhage;
b. cardiac/pericardial tamponade;
c. cardiac arrhythmia and other symptoms similar to myocardial infarction;
d. severe and persistent pain;
e. and perforations of tissue, vessels and organs; and
f. upon information and belief, even death.
Defendants were aware or should have been aware that the PowerPort had a substantially higher failure rate than other similar products on the market, yet Defendants failed to warn consumers of this fact. Upon information and belief, Defendants also intentionally concealed the severity of complications caused by the PowerPort and the likelihood of these events occurring.
To see the full complaint, download the Port-A-Cath Complaint filed on 2023-02-28
Cancer patients and their families face immense physical, mental, and financial burdens in the fight against the disease. Unfortunately, these difficulties can be compounded when faulty medical devices are used to help treat such conditions.
Cancer patients often have to undergo chemotherapy, a treatment that requires frequent intravenous injections. To facilitate this process, port-a-caths are installed in patients’ bodies to provide easy access to their veins. However, if these devices malfunction, it can cause severe problems for the cancer patient. Not only can the malfunctioning port-a-cath impede the chemotherapy process, but it can also cause injury or damage to the patient’s body. In such cases, patients may choose to hold the manufacturer accountable for their losses and seek compensation for their pain and suffering. It’s a frustrating situation for patients who already have so much to deal with in their battle against cancer. If you or your loved ones have questions about if you may have been impacted by Port Catheters as well, please reach out to us, and we may be able to help.
