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 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 over one billion dollars in compensation for our clients, and their positive testimonials speak to our determination to put your interests first above all else. While we glory in 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 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 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 catheter is a long tube close to the heart at one end and connected to an implantable 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, drawing blood, etc.
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. Also, 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. The Bard port catheter has a smaller version known as the Bard SlimPort and is more comfortable. While 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 1.2% (60,000) out of five million people.
- Catheter Dislocation: It happened in 3.0% (150,000) out of five million people.
- Catheter-Related Thrombosis: It occurred in 3.2% (160,000) out of five million people.
- Catheter-Associated Bacteremia: It happened in 3.2% (160,000) out of five million people.
Flex fatigue causes the quick degradation of the 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 catheter will require emergency surgery to remove the fragments and treat the affected tissue.
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.
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 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. However, injury requirements must be met to avoid your case getting thrown out of court. At Terry Bryant Accident & Injury Law, we accept claims relating to defective port catheters implanted in 2008 to the present, and the following are our injury criteria:
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. Also, 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 for which you deserve monetary compensation. Therefore, to be eligible to file a claim, you must show that you suffered a port fracture, a wound from dislodgement or disconnection, or blood clot complications.
If you do not meet the injury requirements for an implanted port catheter lawsuit, you cannot get compensation from the manufacturer.
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, you meet the eligibility requirement if you suffer a port infection. But the infection must have occurred at least 90 days after the implant. If you meet these criteria, our lawyers will gather the evidence to prove your injury and file a lawsuit.
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 port catheter means more medical bills. If you decide to file a lawsuit, there are legal costs and attorney fees to consider. So, asking how much your case is worth is not uncommon.
At Terry Bryant Accident & Injury Law, we know what is needed to win your case and devote all our resources to getting a favorable outcome.
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.
The compensation awarded will cover economic and non-economic damages. The two include medical expenses, loss of income, pain, and suffering, out-of-pocket expenses, etc. In some cases of willful negligence, the court may award you punitive damages.
The liable party is primarily the device’s manufacturer, especially if they knew of a defect and failed to warn the public against it. Sometimes, the doctor who implanted the port catheter may also be responsible. This is the case if they knew of the defect and used the device.
The evidence needed for implanted port catheter cases is medical bills and records, treatment information, employment record, and pay stubs. You also need written or video accounts of the injury, photos, and videos of how the wound progressed, and expert testimony.
Our personal injury lawyers work on a contingency fee basis, meaning we only get paid when we win your case. One of our attorneys can answer any questions you have about the fee structure, or any other terms of our free agreement – also referred to as a limited power of attorney.
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, you cannot 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 litigation.
- 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 (713) 973-8888 or toll-free 1 (800) 444-5000 for your free initial consultation.