Thousands of Bard PowerPort lawsuits could be heading toward settlement negotiations under a new plan submitted by attorneys representing both sides of the federal litigation.
The November 6 proposal asks a federal judge in Arizona to temporarily suspend proceedings after the remaining bellwether trials, giving the parties until September 1, 2027, to negotiate settlements.
The proposal also calls for closing the consolidated litigation to new direct filings on February 28, 2027.
It's an important development in litigation involving more than 4,300 claims alleging that defective Bard implantable port catheters caused serious complications, including infections, blood clots, catheter fractures and device migration.
However, no global settlement has been announced, and the proposed procedures still require court approval.
Why Are Thousands of Patients Suing Bard?
Bard PowerPort devices are implanted beneath the skin to provide long-term access to a patient's bloodstream. They're commonly used to administer chemotherapy, medications and other treatments that require repeated intravenous access.
The system includes a small reservoir connected to a catheter that extends into a large blood vessel.
Patients who filed lawsuits allege that certain Bard catheters were defectively designed and prone to deteriorating, cracking or breaking apart inside the body.
Many complaints focus on barium sulfate, a substance added to make catheters visible during medical imaging. Plaintiffs claim that excessive amounts of the additive weakened catheter materials, increasing the risk of fractures and other complications.
Other lawsuits involve serious infections, blood clots and additional complications associated with implanted ports.
C.R. Bard, a subsidiary of Becton, Dickinson and Company (BD), disputes the allegations.
The federal cases are consolidated in the U.S. District Court for the District of Arizona under Judge David G. Campbell.
According to the Judicial Panel on Multidistrict Litigation, 4,345 lawsuits were pending in MDL No. 3081 as of November 2, 2026, up from 4,140 the previous month.
Bellwether Trials Have Produced Mixed Results
The proposed settlement process follows three bellwether trials intended to help both sides assess how juries respond to the evidence.
The first trial, involving allegations of infection, ended largely in Bard's favor. However, jurors could not reach a verdict on the plaintiff's design defect claim.
The second trial produced a substantially different result.
On September 4, 2026, a federal jury awarded $40 million to Kimberly Divelbliss, a New Mexico woman whose implanted catheter fractured, sending a fragment into her heart.
Jurors found Bard liable for design defects and failure to warn. The company has challenged that verdict.
The third bellwether trial ended October 30 with a defense verdict in a case alleging that a Bard catheter caused a serious infection.
Two additional trials are scheduled: one beginning December 1, 2026, and a final bellwether beginning February 2, 2027.
These early trial results don't determine the outcomes of other lawsuits, but they can influence settlement discussions by revealing how juries evaluate competing evidence.
Proposed Plan Would Pause Cases for Settlement Talks
Under the November 6 joint proposal, attorneys want to establish an inactive docket after the final bellwether trial concludes.
Rather than immediately sending thousands of unresolved cases back to federal courts nationwide, the Arizona court would temporarily suspend proceedings while settlement negotiations continue.
The plan establishes several important dates:
- February 28, 2027: Deadline for filing new lawsuits directly into the Bard PowerPort MDL using the existing short-form complaint procedure.
- September 1, 2027: Deadline for reaching settlement agreements or preliminary settlement terms for cases on the inactive docket.
- March 1, 2028: Deadline for completing settlement paperwork and dismissing cases with qualifying agreements reached by September 2027.
Closing the MDL to new direct filings would not prevent individuals from bringing new lawsuits in other courts where jurisdiction and venue are proper.
The proposal also provides a path for cases that aren't settled.
Lawsuits without a settlement agreement or signed term sheet by September 1, 2027, would be recommended for return to their originating federal courts or transferred to another appropriate court.
Cases with preliminary agreements that aren't finalized by March 2028 could follow the same process.
Does the Proposal Mean a Bard PowerPort Settlement Is Near?
Not necessarily. But the joint filing suggests that both sides are preparing for organized settlement negotiations following the remaining bellwether trials.
The proposal was submitted in response to a September court directive asking the parties to develop procedures for exploring settlements before unresolved cases return to individual federal courts.
An inactive docket could reduce litigation expenses while allowing attorneys to negotiate resolutions involving potentially thousands of claims.
Still, the filing doesn't establish a settlement fund, payment amounts or eligibility criteria.
It also doesn't guarantee that any particular patient will receive compensation.
Judge Campbell must first decide whether to approve the proposed procedures.
For patients whose lawsuits remain pending, the next several months could be significant. The final bellwether trials may help shape settlement discussions, while the proposed September 2027 deadline provides a potential timetable for resolving claims.
References:
U.S. District Court for the District of Arizona. In re Bard Implanted Port Catheter Products Liability Litigation. MDL No. 3081, Document 11939. The Parties' Joint Proposal Regarding Procedures Prior to Remand. November 6, 2026.
U.S. Judicial Panel on Multidistrict Litigation. MDL Statistics Report: Distribution of Pending MDL Dockets by District. November 2, 2026.
MassArbitration. Bard PowerPort Verdict: Jury Clears Bard in Lattanzio Infection Bellwether, Scorecard Now 2-1. November 2026.