Judge Campbell Orders Bellwether Trial Selection in Bard Port Catheter Lawsuit
In a significant development, Judge Campbell’s latest order reinforces early indications that the Bard Port Catheter lawsuit is moving swiftly towards bellwether trials. Despite arguments from C.R. Bard and Becton Dickinson about the number of lawsuits filed, with only 113 cases alleging defects in the port catheter device, serious injuries such as vascular damage, infections, and organ perforation are at the center of this litigation.
Case Management Conference Outcomes
Following the latest case management conference, Judge Campbell’s order makes it clear that any delays to the bellwether process will not be tolerated. Both plaintiffs and defendants have agreed to utilize the Marker Group for the collection of plaintiffs’ medical records, which will be stored on a secure database accessible to both parties throughout the lawsuit.
Plaintiff’s Fact Sheet and Amended Master Complaint
Judge Campbell has outlined the contents of the plaintiff’s fact sheet (PFS), with a deadline of March 27, 2024, for plaintiffs to file an amended master complaint adding port reservoir allegations. This sets the stage for detailed case-specific discovery to begin in the summer, leading up to the selection of six bellwether trials by March 10, 2025.
Anticipated Timeline and Settlement Prospects
While the very first bellwether trial in the Bard PowerPort litigation is expected in the fall of 2025, the complexity of the case suggests that a Bard PowerPort settlement in 2024 is unlikely. However, extensive discovery and the selection of bellwether trials may create pressure for C.R. Bard and Becton Dickinson to consider settlement talks as early as 2025.
