Chelsea Dickerson
Dickerson Oxton attorney Chelsea Dickerson is a dedicated advocate for injury victims, focusing her practice on personal injury and mass tort litigation. As co-founder of the firm, she has helped recover millions of dollars for clients in serious injury, trucking accident, motorcycle accident, and wrongful death cases. Chelsea is known for her aggressive, evidence-driven approach and her commitment to holding insurance companies and negligent parties accountable. She also represents consumers nationwide in complex pharmaceutical and medical device litigation.
Medical devices, such as implantable port catheters, often known as an implantable “port-a-cath,” are frequently used on cancer patients to administer chemotherapy and other drug agents. While implantable port catheter devices provide a benefit to many patients, the safety of these medical devices reported severe adverse events associated with these devices remains a concern for patients and the medical community. When medical devices fail, they can have catastrophic consequences for patients and others. If patient injuries are the result of failures related to design flaws, inadequate warnings, or other defects, the victims of these injuries may be eligible to pursue compensation for their injuries. One such case is the recent Port-A-Cath litigation for injuries and other health problems caused by faulty Port-A-Caths.
Many people across the United States have suffered from defective implantable port catheter devices, leading to severe health problems. Thousands of lawsuits filed against the manufacturers of defective port catheter devices are pending throughout the country. Whether you or a loved one qualifies to pursue legal action depends on the unique facts of your situation, and it is important to have a good understanding of Missouri product liability and negligence law.
A skilled Kansas City, Missouri mass tort attorney from Dickerson Oxton may be able to help with your case. Schedule a free initial consultation today by calling the office at (816) 542-6599 for more details.
What is Port-A-Cath Litigation?
An implantable port catheter (IPC), commonly known as a “Port-A-Cath,”is a power-generated device implanted into a patient, which is often used to administer chemotherapy to cancer patients, for blood transfusions, and for the administration of other IV medications. This Port-A-Cath consists of a port body and a catheter implanted under the skin to allow for long-term venous access. Defects in these products have been linked to severe long-term injuries, and even death in some cases.
Unlike your run of the mill personal injury lawsuit, such as an auto accident case, lawsuits involving defective Port-A-Cath devices often encompass thousands of plaintiffs throughout the country suing the same group of small defendants that manufacture a variety of Port-A-Cath devices. This type of litigation, which is grounded in product liability and negligence law, is considered a mass tort, which means that thousands, if not tens of thousands of plaintiffs, have the same general allegations against the device manufacturers. Mass tort litigations allow injured plaintiffs to have a better chance of receiving compensation for their injuries, as there is strength in numbers, and defendants are more likely to participate in meaningful settlement discussions when a litigation involves thousands of injured and deceased parties. However, it is important to keep in mind that a mass tort lawsuit is not a class action lawsuit, and each injured victim’s lawsuit stands on its own. The mass tort litigation process simply allows for the administration of the cases to move forward collectively, which saves time for courts around the country.
Moreover, although a mass tort product liability lawsuit is much different from a single event car accident personal injury case, mass tort cases must follow the same statutes of limitations prescribed under Missouri law.
Bard Power Port Multidistrict Litigation (MDL No. 3081)
Presently, there are several Port-A-Cath litigations pending throughout the United States. The largest and most well-known litigation is the Bard PowerPort multidistrict litigation (MDL) No. 3081 pending in the United States District Court for the District of Arizona. Because of the growing number of lawsuits filed against the Bard Defendants, which consists of Becton Dickinson & Company, C.R. Bard, Inc., Bard Access Systems, Inc., and Bard Peripheral Vascular, Inc., all lawsuits filed in federal courts were consolidated into one court for one judge to oversee the general matters applicable to all cases. The Bard defendants manufacturd more than seventy percent of all implantable port catheter devices on the market. Moreover, Bard PowerPort devices are known for being purple, which is a one feature of the device that patients remember the most.
Bard PowerPort Arizona State Court Litigation
A second Bard PowerPort litigation is pending in the Superior Court of Maricopa County, Arizona, which is where Bard Peripheral Vascular Inc. is headquartered. Many injured victims are filing lawsuits in Arizona state court when the federal MDL is not the best option. For example, if an injured victim is from Arizona and/or was injured in Arizona, that individual must file the lawsuit in Arizona state court. In other cases, filing a lawsuit in Arizona state court may be strategic to ensure Arizona law applies to an injured or deceased victim’s allegations.
Bard PowerPort New Jersey State Court Multicounty (MCL) Litigation
A third Bard PowerPort litigation is pending in the Superior Court of Bergen County, New Jersey, which is where C.R. Bard, Inc. is headquartered. Like the Arizona litigation, a person who resides and/or was injured in New Jersey must file the lawsuit in New Jersey state court. New Jersey also has favorable laws that make the state a better venue for many injured victims, which makes this venue more advantageous than Arizona state court or the federal MDL.
Angiodynamics Multidistrict Litigation (MDL No. 3125)
Another pending Port-A-Cath litigation involves power generated implantable port catheter devices manufactured by Angiodynamics, Inc., Navilyst Medical, Inc., and in some cases, a third defendant, PFM Medical, Inc. Angiodynamics manufacturers Port-A-Cath devices that are nearly identical to Bard PowerPorts in terms of design, function, and the frequent reports of serious adverse events associated with these devices. Angiodynamics covers about twenty-five percent of the market share. The Angiodynamics litigation is much newer and just getting off the ground.
Port Catheter Complications
Various injuries can arise from a malfunctioning port catheter device, particularly when the malfunctions are the result of product defects, such as design flaws, inadequate warnings, and poor manufacturing. The type of malfunction, often termed “failure mode,” at issue dictates how a case is pursued in court. For example, one of the key allegations that leads to most injuries is the design and composition of the catheter, which contains a substance that is prone to degradation, thereby causing fractures and increasing the risk of infection and thrombosis. Understanding how these different defects cause varying injuries may clarify what the best course of legal action is.
For more details on medical device safety, consider speaking with an experienced Missouri mass tort lawyer from Dickerson Oxton.
Port Infection
Port infection is by far the most common injury associated with defective Port-A-Cath devices. Catheter degradation due to poor design or manufacturing may lead to the development of infection at the site of the port. Moreover, the composition and design of the port body itself has been linked to the development of infection at the port site. Port catheter infections can be very dangerous, and internal infections can spread quickly and may be difficult to identify. In particular, cancer patients and others with compromised immune systems may develop sepsis, which is life-threatening.
As to catheter degradation, when the material of a catheter begins to break down, this creates a pathway for harmful bacteria to enter the body, leading to dangerous infections. which may require aggressive in-hospital treatment and even surgery to remove the infected device. When a port catheter device must be removed, patients in need of long-term venous access must stop chemotherapy or other treatment that is necessary to treat life-threatening conditions. Oftentimes, patients with port catheter devices suffer not only from a condition that requires implantation of the device, but also a serious and life-threatening infection that requires removal of the device. In addition to physical and mental pain and suffering, injury victims also incur tens of thousands if not hundreds of thousands of dollars in medical expenses.
Catheter Fracture
Another common port catheter complication is fracture of the catheter portion of the device. Catheter degradation, caused by the presence of excessive levels of barium sulfate, often leads to catheter fracture. The fractured pieces of the device could damage tissue or blood vessels, especially if the fractured catheter migrates away from the port body. Punctured blood vessels could increase the risk of stroke, infection, and the catheter fragment(s) may never be removed from a person’s body. In many cases, removing a catheter fragment can pose a greater danger to a patient than leaving the fragment in the body Catheter fracture has the potential to cause severe damage, leading to expensive medical bills, lost quality of life, or even wrongful death.
Blood Clots
Other injuries caused by defective Port-A-Cath devices are serious blood clots, or thrombosis. The presence of an unsafe or defective Port-A-Cath may alter the conditions of the patient’s bloodstream and allow clots to form. Blood clots can lead to vascular blockage, which is a restriction of blood flow due to obstruction. This can lead to pain, swelling, and other medical issues. Blood clots may also lead to permanent damage or even fatal pulmonary embolism or stroke. If a blood clot breaks loose, it may travel through the bloodstream until it gets trapped. When this happens, the body may not be able to break it down before it causes permanent damage. This is just one reason that defective Port-A-Cath devices can be so dangerous.
Device Migration
Migration of the entire port catheter device or the catheter portion alone, which occurs when the device moves away from the original site of implantation, which can lead to serious injuries. If a port catheter moves or changes position, this may render the device ineffective for delivering medication or drawing blood, which means the device is no longer benefiting the patient. Migration can cause similar health issues to a fractured catheter, though the device may be easier to retrieve in this situation. Although not as serious as a fractured catheter, migration of the entire device or the catheter alone may require removal or revision of the device, which may be preventable with a device that is free from dangerous defects. . However, it is common for catheter migration to be associated with catheter fracture.
Speak with a Kansas City, Missouri Mass Tort Lawyer
Mass tort law can seem complex, but the process offers many distinct benefits for victims of medical device safety failures. Many people assume that mass tort lawsuits and class action lawsuits are the same, but mass tort law treats each plaintiff as an individual, which may help the plaintiff receive fair compensation for their injuries. For port-a-cath litigations, a mass tort case could help injured patients recover damages for additional injuries, exacerbated conditions, and even wrongful death. However, the legal process can be complicated. A seasoned Missouri mass tort attorney from Dickerson Oxton may be able to evaluate a case and provide legal advice on how to proceed. Call our Kansas City, Missouri office at (816) 542-6599 today to schedule a complimentary case evaluation.