Why Choose Us to Fight for You?
Our commitment is to provide you with the best legal advice and representation while ensuring that your rights are respected and not infringed upon.
At Terry Bryant Accident & Injury Law, our Personal Injury Lawyers handle complex cases under Texas and federal law. Our years of experience have equipped us with the skills to gather evidence, investigate claims, and prepare documents, arguments, and counterarguments.
We have the resources and time to go up against negligent Big Pharma companies. Also, we can withstand whatever defense the defendant’s attorneys come up with and we have access to world-class expert witnesses that help us build our cases. Our lawyers are diligent, and we do not overlook any aspect of your claim.
Our attorneys have won recovered more than $1 Billion dollars for our clients, and their positive testimonials speak to our determination to put your interests first above all else. While we our proud of our past achievements, we focus on the future and helping you get justice for the hurt you suffered.
Call us today to learn how we can help you.
An Overview of the Implanted Port Catheter
The implanted port catheter is a small device to access the central venous system (CVS). The CVS is a primary vein close to the center of blood circulation, the heart. Doctors place the implanted port catheter beneath the skin in the chest area to make it easier to access veins for medication or therapy. These devices have two parts: the tunneled line and an injection port.
The tunneled line is a long tube close to the heart at one end and connected to an implantable injection port under the skin of the upper chest or the arm at the other end. These catheters are often used for cancer patients who need radiotherapy for treatment. They are also used for chemotherapy, antibiotic treatments, blood transfusions, and drawing blood.
Implanted port catheters are efficient devices allowing doctors to inject or extract fluids continuously without installing an IV. So, a person can have the catheter for weeks or months and receive more than one treatment. Also, port catheters are self-sealing and can withstand several syringe punctures when administering medication or fluid.
What Makes the Bard PowerPort Catheter Unique?
Implantable Port Catheters have been widely used since 1992, and about five million are implanted yearly in the United States. Bard manufactures about 80% of these devices, and their product is the PowerPort or Bard MRI Port. The Bard PowerPort can withstand higher injection pressure, and it helps doctors to discover new tumors in cancer patients.
The primary problem with the Bard PowerPort is a design defect, which causes the device to crack, fracture, or migrate to other body parts.
Also, it reduces the artifacts that appear in MRI scans when using a standard port catheter. Bard has a smaller version known as the Bard SlimPort and is thought to be more comfortable. While the Bard PowerPort is innovative and better than its competitors, several complications have been associated with it.
What Are the Known Implanted Catheter Complications?
The result of a 10-year retroactive study released in 2022 revealed that nearly 20% of people who received the implanted port catheter suffered a complication. These complications include the following:
- Pneumothorax: It occurred in 60,000 (1.2%) out of five million people.
- Catheter Dislocation: It happened in 150,000 (3.0%) out of five million people.
- Catheter-Related Thrombosis: It occurred in 160,000 (3.2%) out of five million people.
- Catheter-Associated Bacteremia: It happened in 160,000 (3.2%) out of five million people.
Catheter Fracture
Flex fatigue causes the quick degradation of implanted port catheters. As a result, shards of the catheter break off while it is in the vein and travel through the circulatory system. This causes cardiac punctures, pulmonary embolisms, hematomas, cardiac arrhythmia, etc. A person with a fractured port catheter will require emergency surgery to remove the fragments and treat the affected tissue.
Catheter Migration
Sometimes, the catheter may become dislodged and migrate to other body parts. Unlike a fracture, catheter migration is easier to locate and treat. But if undetected for a long time, it can damage vital organs, and the affected person may need emergency surgery.
Infection
A degraded catheter might cause cracks, letting in bacteria and other infectious pathogens. If the infection festers, it might cause necrosis of tissues close to the catheter, sepsis, blood infection, etc.
You can take legal action if you or a loved one suffered complications or severe injuries from a defective implanted port catheter. Contact Terry Bryant Accident & Injury Law now to learn about your options.
What Makes the Implanted Port Catheter Defective?
The implanted port catheter is manufactured with barium sulfate, and it causes structural degradation of the catheter. The barium sulfate makes the device defective, resulting in severe tissue damage to the cardiovascular and pulmonary tissue. Also, the degradation caused by the barium sulfate causes fractures, migrations, and infection, which leads to severe injury or death.
What Are the Injury Requirements for Implanted Port Catheters Claims?
Generally, anyone who received the implanted port catheter is eligible to file a compensation claim for their damages. At Terry Bryant Accident & Injury Law, we accept claims relating to defective port catheters implanted in 2008 to the present, and involving the following injuries:
Implanted With an Injection Port Device
You must have received an implanted port device to be eligible to file a claim. Our law firm accepts cases of defective port implants from different manufacturers. Most claims are against Bard, who has approximately 70% of the implanted port catheter market and at least a 20% failure rate. Other companies facing lawsuits are AngioDynamics and Smiths Medical.
Diagnosed With a Viable Injury
Not everyone who has received an implantable port catheter is eligible to file a lawsuit. You must establish that you suffered a viable injury. So, suppose your port catheter migrated, but it was discovered on time, and you were unharmed. We may not be able to assist.
The reason is that although the device was defective, there was no injury or not a serious enough injury for us to pursue a meaningful recovery. We can help if you suffered a cardiac puncture, laceration to blood vessels, necrosis around the port, a port fracture, a wound from dislodgement or disconnection, or a serious blood clot complication.
The blood clot complication must cause pulmonary embolism, stroke, ischemia (inadequate blood supply to an organ or part of the body), or chronic thromboembolic hypertension. You can also file a lawsuit if you suffer post-implant arrhythmia. But it must occur 90 days from the implant or result in irregular heartbeats.
Finally, we are working on cases involving port infections. The infection must have occurred at least 90 days after the implant. Also, Other qualifying injuries are cardiac/pericardial tamponade, leaks at the port side, death, or other injuries requiring hospitalization, and removal of the port. Please note that dialysis ports do not qualify. If you have one of these injuries from an implanted port catheter, we look forward to speaking with you as soon as possible to begin gathering the evidence to prove your injury and to initiate your claim.
If you do not meet our injury requirements, we cannot help you get compensation from the manufacturer and encourage you to speak with other lawyers working on these cases as soon as possible.
What To Do if Injured by an Implanted Port Catheter?
If you suffer an injury from an implanted port catheter, you must take steps to maximize your compensation and minimize damages.
Mitigate Your Injuries
In lawsuits involving defective medical devices, a common defense raised by the defense counsel is that the plaintiff failed to mitigate their injuries. This is more so when they want to pay out little compensation. Therefore, you must minimize your injuries.
Immediately you suspect that there is something wrong with your port catheter, see a doctor. A common symptom is feeling pain around the device’s location. Aside from the fact that immediate medical care could prevent damage to vital organs and save your life, it limits the economic impact of the defective device.
Contact a Defective Implanted Port Catheter Injury Lawyer
After receiving proper medical care, the next step is exploring your legal options. You must speak with an attorney to know the available legal remedies. Cases like this are incredibly complex and require the expertise and experience of a legal practitioner.
At Terry Bryant Accident & Injury Law, we offer a free, no-obligation case review, so contact us to help you determine the steps to take. We will aggressively and compassionately handle your case while you focus on recovering.
How Much Is an Implanted Port Catheter Case Worth?
Dealing with a defective implanted port catheter means more medical bills. If you decide to file a claim and potentially a lawsuit, there are legal costs and attorney fees to consider. So, asking how much your case is worth is not uncommon.
The amount will depend on several factors, including the severity of the injury caused by the defective device and the sum of medical bills. The court is also to factor in lost wages, pain and suffering, and punitive damages.
Implanted Port Catheters FAQs
When deciding to file a defective implanted port catheter lawsuit, you will have questions about the claims process and the available compensation. So, below, we list some frequently asked questions and provide answers.
How Terry Bryant Accident & Injury Law Can Help You
Again, cases involving defective implanted port catheters are complex, and you will go against Big Pharma companies with top-tier law firms representing them. So, we advise against trying to handle your case alone. Instead, hiring a law firm with experience in these cases is better.
Our Houston personal injury lawyers will increase your chances of winning and ensure you get maximum compensation. Our work involves the following:
- Investigating the claim and gathering evidence.
- Determining liability and how much compensation you can receive.
- Filing the necessary paperwork for your claim and lawsuit.
- Negotiating a reasonable settlement if the defendant wants to avoid a trial.
- Presenting and arguing your case if it goes to trial.
- Filing appeals, if necessary.
Do Not Sleep on Your Rights! Book a Free Consultation with Us Now!
At Terry Bryant Accident & Injury Law, we understand the devastating effects of a defective implanted port catheter. Therefore, we commit time and resources to deliver favorable results. We will be with you every step of the way, ensuring you are not intimidated by the defendant and get the deserved settlement. Call us now at (832) 323-1679 or toll-free 1 (800) 444-5000 for your free initial consultation.
Attorney Terry Bryant
Terry Bryant is Board Certified in personal injury trial law, which means his extensive knowledge of the law has been recognized by the Texas Board of Legal Specialization, setting him apart from many other injury attorneys. The 22 years he spent as a Municipal Judge, Spring Valley Village, TX also provides him keen insight into the Texas court system. That experience also helps shape his perspective on personal injury cases and how they might resolve. This unique insight benefits his clients. [ Attorney Bio ]
