In the Bard Implanted Port Catheter (IPC) multidistrict litigation, an Arizona federal jury awarded a $40 million verdict in compensatory damages to plaintiff Kimberly Divelbliss this week. This was the second bellwether trial in the litigation involving Bard’s implantable port catheters like the Bard PowerPort. That first trial earlier this year resulted in a defense verdict, but this time the jury found C.R. Bard liable for design defect and failure to warn after the plaintiff’s implanted catheter fractured, migrated to her heart, and caused two heart attacks. The jury cleared Bard of manufacturing defects and fraudulent concealment, and declined to award punitive damages.
Partner Danielle Rogers has been a member of the leadership committee for the plaintiffs in this matter. In re: Bard Implanted Port Catheter Products Liability Litigation, MDL No. 3181. In addition to this leadership role, she served on the MDL’s Trial Team Committee and Discovery Team Committee. She also led the committee responsible for reviewing and challenging defendants’ assertions of privilege and confidentiality, including reviewing documents withheld on the basis of privilege and information designated as confidential. A fierce advocate for the trial-by-jury system, Danielle has been recognized by Missouri Lawyers Weekly and National Trial Lawyers as a top young practitioner within the field of civil litigation for plaintiffs.
The case centered on allegations that the Bard PowerPort catheter, which is implanted under the skin to deliver repeated chemotherapy and other intravenous medications, can crack or fracture due to its material composition, potentially sending fragments into the body and causing serious complications such as infection, thrombosis, or device failure. More than 3,000 similar lawsuits are currently coordinated in multidistrict litigation in the District of Arizona.
Recognized as one of the nation’s leading law firms for plaintiffs, Langdon & Emison has built a national reputation for taking on the world’s largest corporations in personal injury litigation, including that over defective medical devices. From its offices in Lexington, Independence, and Kansas City (Mo.), Chicago, and Philadelphia, the firm serves as a trusted partner and adviser to clients and referring attorneys across the U.S.