Jury Awards $40 Million to Bard Catheter Injury Victim
News related to:Bard · 2 min read
A federal jury in Phoenix, Arizona, has awarded plaintiff Kimberly Divelbliss $40 million in compensatory damages for injuries caused by her Bard implanted port catheter. The unanimous verdict, reached after a three-week trial, was the second bellwether verdict in Bard's multidistrict litigation (MDL) No. 3081.
The trial focused on the Bard PowerPort with a Groshong silicone catheter, which failed two years after Divelbliss was implanted. The fracture of the catheter resulted in a fragment becoming lodged in her heart, causing severe injuries that required surgery and leading to cardiac arrhythmias, heart attacks, and the need for ongoing medical treatment.
According to Michael A. Sacchet of Ciresi Conlin, LLP, and Brandon D. Henry of Wagstaff & Cartmell, LLP, who represented Divelbliss at trial, "Bard had ample time to ensure the safety of its products or, at the very least, to warn about the potential dangers. Unfortunately, they failed to do so."
Divelbliss filed her complaint in state court in New Mexico in July 2022, alleging design defects, warning defects, and manufacturing defects. Her case was later removed to federal court and consolidated with other Bard Implanted Port Catheter cases in MDL No. 3081, assigned to Judge David G. Campbell.
The jury found in favor of Divelbliss on her strict liability and negligent design defect claims, as well as on her strict liability and negligent failure to warn claims. The verdict did not find in her favor on fraudulent concealment claims, and no punitive damages were awarded.
This verdict is significant as it marks the first successful plaintiff verdict in the Bard Implanted Port Catheter MDL. Prior to this, a partial defense verdict and a partial hung jury were returned. Additional bellwether trials are scheduled for October 13, December 1, and February 2, 2027.
Wagstaff & Cartmell, LLP, a litigation firm with offices in Kansas City, Missouri, and Washington, D.C., represented Divelbliss in the case. Partner Brandon Henry stated, "This verdict is a testament to the strength of our legal arguments and the bravery of our client, Kimberly Divelbliss. It signals to Bard and other companies that patient safety will always be a priority."
The firm has a history of representing individuals in complex, high-stakes litigation, including mass torts, product liability cases, and cases involving public health and corporate wrongdoing.