MDL Track
MDL 3081
D. Ariz.
Bard implanted port catheter products liability
2,828 pending
Medical Device · claims involving implanted catheter ports and alleged fracture, migration, or infection risks
Defendant
Becton, Dickinson and Company
MDL / Track
MDL 3081
D. Ariz.
Judge
Senior Judge David G. Campbell
Plaintiffs
roughly 2,862 pending claims (2,828 per JPML's March 2, 2026 report, plus ~34 new filings tracked since)
Bellwether / Trial
Settlement Status
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Case overview
The Bard PowerPort MDL 3081 (In re: Bard Implanted Port Catheter Products Liability Litigation) has entered active bellwether trials before Judge David G. Campbell in the U.S. District Court for the District of Arizona, with approximately 3,044–3,734 federal cases pending as of mid-2026. On March 5, 2026, Judge Campbell denied nearly all of Bard's summary judgment motions, preserving plaintiffs' design defect and failure-to-warn claims. The first bellwether trial, Cook v. Becton Dickinson (an infection case), concluded in May 2026 with a defense verdict on failure-to-warn and consumer-fraud claims, but the jury deadlocked on the design-defect question. The second bellwether, Divelbliss v. Becton Dickinson—the first to squarely test the catheter fracture theory—opened August 18, 2026, with four additional bellwether trials scheduled through February 2027.
Causation Theory
Plaintiffs allege that Bard PowerPort catheters suffer from material degradation causing fracture, migration, and infection. The core engineering theory holds that excessive barium sulfate concentration—added for radiopacity—creates microscopic voids in the polyurethane polymer, weakening the catheter wall under physiological flexion from cardiac and respiratory motion, leading to crack propagation and eventual fracture. Fractured fragments then embolize through the vascular system to the heart or lungs. Plaintiffs further allege that surface defects from material degradation provide bacterial colonization sites, causing bloodstream infections and sepsis. The FDA's MAUDE database contains thousands of adverse event reports documenting catheter fractures, migrations, infections, and deaths. Bard previously issued device recalls in 2019 and 2021 for component-related issues.
Case Management Orders
Litigation status
MDL 3081 is in active bellwether phase before Senior Judge David G. Campbell in D. Ariz. The second bellwether trial, Divelbliss v. Becton Dickinson, concluded September 2026 with a $40 million plaintiff verdict on catheter fracture claims. Three additional bellwether trials are scheduled: October 13, 2026; December 1, 2026; and February 2, 2027.
MDL Track
MDL 3081
D. Ariz.
Bard implanted port catheter products liability
2,828 pending
MDL 3081 Leadership
Plaintiff Leadership
Plaintiffs' Executive Committee
Plaintiffs' Steering Committee
Co-Lead Counsel
Plaintiff Liaison Counsel
Geographic exposure
More than 3,700 federal cases pending in MDL 3081 as of August 2026, with additional state court filings. Device widely distributed for chemotherapy, antibiotic therapy, and parenteral nutrition. No mandatory recall; devices remain in use. CDC identifies indwelling central lines as among the best-documented infection risks in the device category.
MDL 3081, In re: Bard PowerPort Products Liability Litigation, presided over by Judge David G. Campbell. Federal docket exceeds 3,700 cases as of August 2026, with more than 1,000 added since January 2026. First bellwether trial concluded April 2026 with defense verdict on warning and consumer-fraud claims.
Bard PowerPort devices implanted for chemotherapy, long-term antibiotics, IV nutrition, and frequent blood draws. Claims allege barium sulfate polyurethane catheter degradation leading to fracture, migration, infection, thrombosis, and cardiac/pulmonary injury. No device recall or FDA safety communication issued.
Thousands of adverse event reports filed for Bard PowerPort devices, including catheter fractures, infections, and deaths. Reports document device failures requiring explant, emergency intervention, and hospitalization.
Additional cases proceeding outside MDL 3081. Statutes of limitation vary by state and depend on injury discovery date. Filing windows may be shorter than anticipated; active intake required to preserve claims.
12-year study of 4,920 central lines (including ports) in cancer patients found 3.6% symptomatic catheter-related thrombosis rate. Highest risk in certain catheter types, younger patients, and prior clot history.
Key defendants
Becton, Dickinson and Company
Role: Parent Company / Manufacturer
Acquired Bard Access Systems in 2017; MDL 3081 allegations focus on successor liability and post-acquisition failure to redesign polyurethane catheter tubing. Centralized before Judge David G. Campbell in D. Ariz.
Bard Access Systems, Inc.
Role: Manufacturer
Original PowerPort designer and manufacturer; named in master complaints for design defect, failure to warn, and manufacturing defect claims. Wholly-owned subsidiary of Becton Dickinson.
C.R. Bard, Inc.
Role: Manufacturer
Legacy entity named in early complaints; defense opposed MDL centralization arguing informal coordination suffices. JPML overruled objection, establishing MDL 3081 in July 2023.
| Defendant | Role | Intelligence Note |
|---|---|---|
| Becton, Dickinson and Company | Parent Company / Manufacturer | Acquired Bard Access Systems in 2017; MDL 3081 allegations focus on successor liability and post-acquisition failure to redesign polyurethane catheter tubing. Centralized before Judge David G. Campbell in D. Ariz. |
| Bard Access Systems, Inc. | Manufacturer | Original PowerPort designer and manufacturer; named in master complaints for design defect, failure to warn, and manufacturing defect claims. Wholly-owned subsidiary of Becton Dickinson. |
| C.R. Bard, Inc. | Manufacturer | Legacy entity named in early complaints; defense opposed MDL centralization arguing informal coordination suffices. JPML overruled objection, establishing MDL 3081 in July 2023. |
Timeline
JPML Creates MDL 3081 in Arizona
Judicial Panel on Multidistrict Litigation consolidated federal Bard PowerPort lawsuits as MDL No. 3081 in the U.S. District Court for the District of Arizona, assigned to Judge David G. Campbell. Transfer order signed August 8, 2023.
Judge Campbell Approves Plaintiffs' Leadership Structure
Judge Campbell issued Case Management Order No. 1, appointing co-lead counsel, executive committee, and steering committee drawn from approximately 30 firms to manage MDL 3081.
CMO No. 7 Establishes Pleading Structure
Court entered Case Management Order No. 7, establishing master complaint and short-form complaint framework for MDL 3081.
Judge Campbell Limits FDA Expert Testimony
Judge Campbell prohibited Bard's FDA expert from testifying that 510(k) clearance equated to safety or effectiveness, ruling such opinions would mislead the jury. Order dated March 21, 2026.
Judge Campbell Denies Bard Summary Judgment
Judge Campbell largely denied Bard's summary judgment motion in first bellwether case, preserving design defect, failure-to-warn, and punitive damages claims and rejecting learned intermediary defense. Order dated March 5, 2026.
First Bellwether Trial Begins
Cook v. C.R. Bard/Becton Dickinson, an infection claim, began trial April 21, 2026 before Judge Campbell in Phoenix. Case selected as first of six bellwether trials.
Split Verdict in First Bellwether
Jury returned defense verdict for Bard on failure-to-warn, failure-to-instruct, and consumer fraud claims, but deadlocked on design defect and unlawful trade practices claims. Verdict entered May 8, 2026.
Plaintiff Files Motion for New Trial
Plaintiff in Cook v. Bard moved for new trial June 5, 2026, arguing flawed jury instructions and juror pressure to reach verdict by deadline. MDL pending case count reached 3,376.
Second Bellwether Trial Scheduled
First fracture claim bellwether trial scheduled for August 18, 2026. MDL pending case count exceeded 3,500 as of July 2026. Three additional bellwether trials scheduled through February 2027.
Statute of limitations
MDL 3081 before Judge David Campbell in D. Ariz. has 2,694+ cases as of January 6, 2026. First bellwether trial scheduled April 21, 2026. Sources indicate 2-3 year SOL typical for most states; Florida provides 4 years. No federal preemption found; 510(k) clearance does not preempt state law claims. No tolling agreement cited in sources. Intake must verify: (1) Bard PowerPort model implanted, (2) date of implantation, (3) date of first complication/symptom, (4) date of diagnosis linking injury to device. Primary injuries: fracture, migration, infection, thrombosis, vascular injury, embolism.
Arizona
2 years from discovery
Rule: Arizona Revised Statutes § 12-542; discovery rule applies for latent defects
Discovery: Accrues when plaintiff knows or reasonably should know injury and its cause; MDL 3081 pending before Judge David Campbell in D. Ariz.
MDL 3081 (In Re: Bard Implanted Port Catheter Products Liability Litigation) centralized here August 2023; bellwether trials begin April 21, 2026 per January 2026 update
California
2 years from discovery
Rule: Cal. Code Civ. Proc. § 335.1; discovery rule codified at § 338
Discovery: Accrues when injury is discovered or reasonably discoverable
Large plaintiff pool given population; no revival statute cited in sources
Florida
4 years from discovery
Rule: Fla. Stat. § 95.11(3)(a), (e); discovery rule applies
Discovery: Accrues when plaintiff knows or should know of injury with reasonable diligence
Longer SOL period; intake must verify exact implant date and complication timeline
New York
3 years from discovery
Rule: N.Y. C.P.L.R. § 214(6); discovery rule applies
Discovery: Accrues when injury is discovered or with reasonable diligence should have been discovered
Substantial plaintiff pool; strict pleading requirements for product liability
Texas
2 years from discovery
Rule: Tex. Civ. Prac. & Rem. Code § 16.003; discovery rule applies
Discovery: Accrues when injury becomes inherently undiscoverable and objectively verifiable
No revival statute cited; significant Bard implant volume in cancer treatment centers
Pennsylvania
2 years from discovery
Rule: 42 Pa. Cons. Stat. § 5524(2); discovery rule applies
Discovery: Accrues when plaintiff knows or reasonably should know of injury and its cause
Philadelphia Court of Common Pleas historically receptive to mass torts; parallel state filings likely
| State | SOL | Rule | Discovery Rule | Notes |
|---|---|---|---|---|
| Arizona | 2 years from discovery | Arizona Revised Statutes § 12-542; discovery rule applies for latent defects | Accrues when plaintiff knows or reasonably should know injury and its cause; MDL 3081 pending before Judge David Campbell in D. Ariz. | MDL 3081 (In Re: Bard Implanted Port Catheter Products Liability Litigation) centralized here August 2023; bellwether trials begin April 21, 2026 per January 2026 update |
| California | 2 years from discovery | Cal. Code Civ. Proc. § 335.1; discovery rule codified at § 338 | Accrues when injury is discovered or reasonably discoverable | Large plaintiff pool given population; no revival statute cited in sources |
| Florida | 4 years from discovery | Fla. Stat. § 95.11(3)(a), (e); discovery rule applies | Accrues when plaintiff knows or should know of injury with reasonable diligence | Longer SOL period; intake must verify exact implant date and complication timeline |
| New York | 3 years from discovery | N.Y. C.P.L.R. § 214(6); discovery rule applies | Accrues when injury is discovered or with reasonable diligence should have been discovered | Substantial plaintiff pool; strict pleading requirements for product liability |
| Texas | 2 years from discovery | Tex. Civ. Prac. & Rem. Code § 16.003; discovery rule applies | Accrues when injury becomes inherently undiscoverable and objectively verifiable | No revival statute cited; significant Bard implant volume in cancer treatment centers |
| Pennsylvania | 2 years from discovery | 42 Pa. Cons. Stat. § 5524(2); discovery rule applies | Accrues when plaintiff knows or reasonably should know of injury and its cause | Philadelphia Court of Common Pleas historically receptive to mass torts; parallel state filings likely |
Live intelligence
AI litigation brief
Bard PowerPort remains active mdl with 61 current signals in the accepted feed.
Overview
MDL 3081 is in active bellwether phase before Senior Judge David G. Campbell in D. Ariz. The second bellwether trial, Divelbliss v. Becton Dickinson, concluded September 2026 with a $40 million plaintiff verdict on catheter fracture claims. Three additional bellwether trials are scheduled: October 13, 2026; December 1, 2026; and February 2, 2027.
Key developments
Trajectory
Court filings and press coverage are both active in MDL 3081, pointing to sustained litigation pressure rather than a one-off headline cycle. 6 live sources are contributing current context.
Editorial intelligence
MDL 3081 should stay on the lead docket watch because it is the primary consolidation vehicle for PowerPort.
Generated Sep 30, 2026, 10:00 AM UTC
61 events detected
Google News (10)
Port Catheter Makers Fail to Escape Suit Before Bellwether Trial - Bloomberg Law News
How PowerPort Verdict At Becton Dickinson (BDX) Has Changed Its Investment Story - simplywall.st
Wagstaff & Cartmell helps plaintiff win $40M verdict over implanted catheter failure - The Business Journals
When a Chemo Port Breaks: Signs, Causes, and Bard PowerPort Trials Explained - The Legal Examiner
2nd Bellwether Jury Awards $40M Verdict Over Bard's PowerPort Device - Law.com
August Bellwether Trial for Bard PowerPort Injuries to Test Device Fracture Claims - The Legal Examiner
Bard PowerPort Lawsuits: Second Bellwether Trial to Test Device Fracture Claims - The Legal Examiner
PowerPort Lawsuit 2026: Payouts, Eligibility, Updates - LawFold.com
Power Port Lawsuit 2026: Who Qualifies and What to Claim - LawFold.com
Bard PowerPort Lawsuit Update 2026: What You Must Know - LawFold.com
Interventional radiology (Higashimatsuyama-shi (Japan) • Tsushima Y • PMID 42614291 • Journal Article.
Healthcare (Basel, Switzerland) • Mete B • PMID 42512689 • Journal Article.
Bard Implanted Port Catheter Products Liability Litigation
PACER docket filed in JPML: The plaintiffs are suing a group of companies that manufacture and distribute medical devices, specifically various models of implantable port catheters, alleging that these devices were defective and caused severe complications such as catheter fractures, infections, and thrombosis. The lawsuit cla
Electronic Case Filing Administrative Policies Manual
This document outlines the administrative policies and procedures for electronic case filing in the District of Arizona, including definitions, general policies, registration, and login/password requirements.
Bard Implanted Port Catheter Products Liability Litigation
PACER docket entry from AZD: COMPLAINT. Filing fee received: $ 405.00, receipt number AAZDC-26168132 filed by Chelsea Voss. (Attachments: # 1 Civil Cover Sheet)(MAR) (Entered: 09/29/2026)
Bard Implanted Port Catheter Products Liability Litigation
PACER docket entry from AZD: COMPLAINT. Filing fee received: $ 405.00, receipt number AAZDC-26167908 filed by Kimberly Dawn Marler. (Attachments: # 1 Civil Cover Sheet)(MAR) (Entered: 09/29/2026)
Bard Implanted Port Catheter Products Liability Litigation
PACER docket entry from AZD: COMPLAINT. Filing fee received: $ 405.00, receipt number AAZDC-26167729 filed by Michaela Dayne Burgin. (Attachments: # 1 Civil Cover Sheet)(MAR) (Entered: 09/29/2026)
Bard Implanted Port Catheter Products Liability Litigation
PACER docket entry from AZD: COMPLAINT. Filing fee received: $ 405.00, receipt number AAZDC-26167690 filed by Cynthia Jean Brewer. (Attachments: # 1 Civil Cover Sheet)(MAR) (Entered: 09/29/2026)
Bard Implanted Port Catheter Products Liability Litigation
PACER docket entry from AZD: COMPLAINT. Filing fee received: $ 405.00, receipt number AAZDC-26167395 filed by Cynthia Darlene Moody-Cross. (Attachments: # 1 Civil Cover Sheet)(MAR) (Entered: 09/29/2026)
Bard Implanted Port Catheter Products Liability Litigation
PACER docket entry from AZD: COMPLAINT. Filing fee received: $ 405.00, receipt number AAZDC-26166785 filed by Jodi Daby. (Attachments: # 1 Civil Cover Sheet)(MAR) (Entered: 09/29/2026)
Bard Implanted Port Catheter Products Liability Litigation
PACER docket entry from AZD: COMPLAINT. Filing fee received: $ 405.00, receipt number AAZDC-26166785 filed by Rosemary Propst. (Attachments: # 1 Civil Cover Sheet)(MAR) (Entered: 09/29/2026)
Bard Implanted Port Catheter Products Liability Litigation
PACER docket entry from AZD: COMPLAINT. Filing fee received: $ 405.00, receipt number AAZDC-26166737 filed by Barbara Gregory. (Attachments: # 1 Civil Cover Sheet)(MAR) (Entered: 09/29/2026)
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LexGenius Ranking
88Score
Court, news, and regulatory activity are elevated
Monitoring
Live
monitoring
Last: Sep 30, 2026, 10:00 AM UTC
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Source Monitoring
PACER
PACER
Google News
MAUDE
PubMed
Event feed
61
events detected
AI Brief
Bard PowerPort remains active mdl with 61 current signals in the accepted feed.
Overview
MDL 3081 is in active bellwether phase before Senior Judge David G. Campbell in D. Ariz. The second bellwether trial, Divelbliss v. Becton Dickinson, concluded September 2026 with a $40 million plaintiff verdict on catheter fracture claims. Three additional bellwether trials are scheduled: October 13, 2026; December 1, 2026; and February 2, 2027.
Key developments
PACER court filing on Dec 31: Bard Implanted Port Catheter Products Liability Litigation. ‖ Bloomberg Law News news on Sep 28: Port Catheter Makers Fail to Escape Suit Before Bellwether Trial - Bloomberg Law News. ‖ MAUDE FDA alert on Aug 31: MAUDE Filing 50523203: PowerPort isp MRI 6F CHRONW/OS. ‖ PubMed research on Jul 31: Complication-related Removal of Central Venous Ports: Comparison of Subclavian and Upper Arm Approaches..
Generated Sep 30, 2026, 10:00 AM UTC
Tracked MDLs
MDL 3081
D. Ariz.
Bard implanted port catheter products liability
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