Tom Dickerson
Tom Dickerson is a trial attorney and co-founder of Dickerson Oxton, where he focuses on personal injury, wrongful death, medical malpractice, and catastrophic injury litigation. Since launching the firm with Chelsea Oxton Dickerson in 2010, Tom has helped recover millions of dollars for injured clients through aggressive advocacy and courtroom experience. Known for his client-first approach, he is dedicated to standing up for individuals and families against insurance companies and large corporations.
In 2026, a study published by the National Institutes of Health (NIH) found that centrally inserted access ports had lower rates of thrombosis, infections, and other issues compared to peripherally inserted central catheters. The NIH also notes that complication rates among patients with port catheters can be as high as 18.5 percent. Patients who have experienced these medical device safety failures may consider legal action, and they may rightly believe that such medical errors are unacceptable.
While these lawsuits can be challenging, an experienced Kansas City medical malpractice attorney may be able to guide patients toward fair compensation and accountability. The injury attorneys at Dickerson Oxton have over eighty years of combined experience, and they have successfully recovered hundreds of millions of dollars on behalf of injured victims. Start a dialogue by contacting Dickerson Oxton at (816) 542-6599. We serve injured patients in Kansas and Missouri.
Port Catheter Lawsuits Either Fall Under Medical Malpractice or Product Liability
Port catheter lawsuits often fall under the category of “product liability.” Despite the fact that the initial implantation of the medical device is carried out by doctors, injuries that stem from port catheter defects lead to product liability claims, not medical malpractice claims. However, injuries that are caused by the poor technique of the doctor implanting the medical device may lead to medical malpractice claims. For example, the doctor responsible for the implantation may have placed the catheter in such a way that caused damaged blood vessels, collapsed lungs, hematomas, and other issues. Medical malpractice lawsuits and product liability claims follow different rules, and product liability claims may lead to “mass torts” with numerous victims suing a single catheter manufacturer.
Summary of Implanted Port Catheter Litigation and Medical Device Safety Failures
Port catheter litigation often involves determining whether injuries stem from defective medical devices or improper medical placement, which affects whether a product liability or medical malpractice claim applies. Port catheter complications may reach rates as high as 18.5 percent, with risks including infection, thrombosis, device fragmentation, and organ damage. Product liability claims typically focus on manufacturing or design defects and may involve mass tort litigation, while medical malpractice claims address errors in implantation technique and require proof of deviation from the standard of care.
Statutes of limitations differ significantly, with medical malpractice claims generally limited to two years in Kansas and Missouri, compared to longer timeframes for product liability claims. Individuals affected by implanted port catheter injuries may evaluate both legal pathways based on the source of harm, available evidence, and applicable legal standards.
Can I Sue the Hospital for Poor Catheter Placement?
Sometimes, there is nothing wrong with the port catheter, and the injury stems from poor placement rather than product defects. Although product liability claims are more common in connection with port catheter injuries, medical malpractice lawsuits are certainly possible. For example, a doctor might implant a port catheter in a way that causes administered medication to accumulate in the chest tissue instead of entering the bloodstream. Medical errors during port catheter implantation can also cause punctured lungs, arterial injury, nerve damage, and infection.
Those who wish to pursue medical malpractice claims for port catheter injuries should consider the distinct aspects of these claims. First, there are specific statutes of limitations associated with medical malpractice claims in both Kansas and Missouri. In Kansas, the time limit for medical malpractice claims is generally two years (compared with a potential 10-year statute of limitations for product liability). In Missouri, the medical malpractice statute is also two years (compared with a five-year statute of limitations for product liability). In other words, a patient generally has less time to file a medical malpractice claim compared with a product liability claim.
How Do I File a Product Liability Claim for a Port Catheter Injury?
If an injury is caused by a defective port catheter rather than a medical error, a product liability claim may be more advisable than a medical malpractice claim. This is the most common type of port catheter lawsuit in Missouri and Kansas. With this type of lawsuit, the patient focuses on the manufacturing or design defects that caused the port catheter to injure them. Often, numerous patients work together to file a “mass tort” or “class-action lawsuit” to hold port catheter manufacturers liable.
Many port catheter injuries occur because of substandard material used by manufacturers. This material can break down, become brittle, and fragment inside the human body over time. In the worst-case scenario, fragments of the broken catheter can enter the bloodstream and travel throughout the body, potentially entering and damaging various organs. Complex surgery is often required to remove these fragments. In other cases, poor manufacturing decisions can make infection more likely, as certain materials create environments that are conducive to the growth of bacteria. These are just a few examples of manufacturing defects that can cause medical device failure and port catheter injuries. Those who have suffered other port catheter injuries may still contact Dickerson Oxton to learn more about their legal options.
Strict Liability vs. the “Standard of Care” Threshold in Port Catheter Litigation
Generally speaking, establishing liability is easier in a product liability lawsuit compared with a medical malpractice claim. This is because “strict liability” applies to product liability claims in both Kansas and Missouri. When a manufacturer faces strict liability for the injuries their products cause, the victims do not necessarily need to prove “negligence.” In other words, the victims do not need to prove that the manufacturer made some kind of irresponsible mistake or oversight during the manufacturing process. Instead, they only need to establish that the defective product injured them. One of the most important steps for those who have suffered port catheter injuries is to collect their medical records, as this is important evidence for a product liability claim.
In contrast, establishing negligence in a medical malpractice claim is generally more challenging. Not only do the victims need to establish negligence, but they also need to show that the medical error went beyond a “simple mistake” that one might expect from time to time in the healthcare industry. A victim must show that the doctor who made the mistake during the port catheter implantation process deviated from the normal “standard of care” and established norms. This is not always easy.
Learn More About Implanted Port Catheter Litigation With Dickerson Oxton
The research stage for port catheter litigation may seem overwhelming, especially since this topic involves relatively complex medical concepts. Those who need to take legal action for medical device safety failures must also familiarize themselves with the various legal concepts associated with medical malpractice or product liability claims. While the road to compensation and justice may seem daunting, there is no need to walk this path alone. Medical malpractice lawyers in Kansas City may have sufficient experience with port catheter litigation to guide injured patients toward compensation for medical bills, missed wages, emotional distress, and other damages. Move past online research and begin a new dialogue by contacting Dickerson Oxton at (816) 542-6599. We serve injured patients in Kansas City.
Essential Frequently Asked Questions About Port Catheter Injuries
Common misconceptions about implanted port catheter injuries can lead to legal mistakes. These FAQs may help provide clarifying information.
What Is An Implanted Port Catheter?
An implanted port catheter is a medical device placed under the skin to allow repeated access to the bloodstream for medications or fluids. It is commonly used for long-term treatments such as chemotherapy or intravenous therapies.
What Are Common Complications Associated With Port Catheters?
Complications may include infection, blood clots, catheter fracture, and migration of device fragments. In some cases, fragments may travel through the bloodstream and cause damage to internal organs.
When Does A Port Catheter Injury Lead To A Product Liability Claim?
A product liability claim may arise when a defect in the catheter’s design or manufacturing causes injury. These claims often involve issues such as material degradation, structural failure, or increased susceptibility to infection.
When Is A Medical Malpractice Claim Appropriate For Port Catheter Injuries?
Medical malpractice claims may apply when a healthcare provider improperly implants or manages the catheter. Examples include incorrect placement, failure to follow accepted medical standards, or causing avoidable injury during the procedure.
What Is The Difference Between Strict Liability And Negligence In These Cases?
Strict liability applies to product liability claims, meaning individuals may not need to prove negligence if a defective product caused harm. Medical malpractice claims require proof that a healthcare provider deviated from the accepted standard of care and caused injury.
What Are The Filing Deadlines For Port Catheter Lawsuits?
Filing deadlines depend on the type of claim and jurisdiction. Medical malpractice claims in Kansas and Missouri are generally subject to a two-year statute of limitations, while product liability claims may allow additional time.
What Evidence Is Important In A Port Catheter Case?
Medical records, device information, and documentation of complications are key forms of evidence. These materials may help establish whether the injury resulted from a defective product or improper medical care.
Can Multiple Individuals File Claims Against A Manufacturer?
Yes, when multiple individuals experience harm from the same device, they may pursue claims through mass tort or class-action litigation. This approach allows courts to address widespread issues involving a specific product.