Bard PowerPort Litigation Shifts to Fracture Cases as Second Bellwether Nears

The second bellwether trial in the Bard PowerPort MDL begins August 18, 2026 in the District of Arizona: a catheter fracture case brought by plaintiff Kimberly Divelbliss, according to a May 19 case management order. The trial follows a split outcome in the litigation's first test case. In early May 2026, the jury in Cook v. Becton Dickinson cleared Bard on failure-to-warn and consumer fraud claims but hung on the central design-defect question, leaving the MDL's core theory unresolved.

MDL 3081 holds 3,376 pending cases alleging that Bard's implantable port catheters, used primarily by cancer patients receiving chemotherapy, are prone to fracture, migration, and infection. Judge David G. Campbell reduced the planned bellwether trials from six to five in the same May 19 order, finding the remaining cases will provide a representative test of the claims and defenses.

The First Verdict Was a Split Decision

Media coverage framed Cook as a defense win, but the verdict was narrower than headlines suggested. Plaintiff Robert Cook, a Minnesota colorectal cancer patient, alleged his PowerPort became infected, hospitalizing him for six days and delaying chemotherapy by two weeks. His counsel argued Bard knew for decades its devices were prone to infection yet shelved safer technologies (antimicrobial coatings, non-fouling surfaces, and smoother catheter materials) developed as early as 2005.

Litigation observers note that infection claims can prove challenging when defendants attribute complications to a patient's underlying cancer or immune suppression. Fracture claims present concrete evidence: an X-ray showing a broken catheter. That makes the August 18 Divelbliss trial a distinct test for the docket.

The Trial Schedule Through Early 2027

Judge Campbell indicated that cases unresolved by settlement after these bellwethers will be transferred or remanded to their home districts for individual trials, similar to the process used in the earlier Bard IVC filter MDL. Commentators estimate values in the $10,000 to $300,000+ range depending on injury severity, though no global settlement exists.

Building the PowerPort Case File

PowerPort cases depend on device identification and objective imaging. The threshold requirement is verifying that the operative report identifies a Bard PowerPort, PowerPort isp, PowerPort MRI, ClearVUE, or related Bard model.

This documentation typically resides across multiple health systems: the implanting surgeon, imaging facilities, the hospital that treated the complication, and the oncology practice. LlamaLab retrieves records in 4 days on average (with roughly 30-40% returned same-day on portal and electronic requests) and uses insurance data to identify forgotten treatment locations. Itemized per-case invoices flow through as recoverable case disbursements on settlement statements.

Next Steps

Summary

The PowerPort MDL is approaching a key phase. The initial trial highlighted the evidentiary hurdles of infection claims. The next four trials, starting with the August 18 fracture case, will influence whether the litigation resolves through a global framework or proceeds to widespread remands.

Firms should verify Bard device identification in each file, sort inventories by injury type, and resolve imaging gaps before the upcoming trial dates.

Sources: AboutLawsuits: Second Bellwether Order, MDL Update: MDL 3081, Verus: First Bellwether Verdict, Lawsuit Legal: Qualification Criteria, Harm Report: Case Documentation. Case counts current as of June 2026.

This article provides general information about Bard PowerPort litigation developments and should not be construed as legal or medical advice. Consult with qualified professionals for advice specific to your situation.