The first blood clot case in the federal lawsuits over Bard’s implanted ports is headed to a jury. On October 26, the court overseeing the litigation in Arizona refused Bard’s request to end the case before trial, clearing the way for opening statements on December 1.
The ruling comes days after Bard won the third PowerPort bellwether trial, an infection case. The next trial will test a different kind of injury, and one that many people in the litigation share.
The Hicks Case
The plaintiff, Judy Hicks of Missouri, received a Bard X-Port with a polyurethane catheter in February 2021 so she could receive chemotherapy for breast cancer. She alleges that blood clots formed in the device and blocked it, and that the port had to be surgically removed. Her case, Hicks v. Becton, Dickinson and Co., is one of six test cases, called bellwethers, chosen to show how juries respond to the evidence.
Bard asked the court for summary judgment, which means a ruling in its favor without a trial. The court denied the motion, finding that Hicks had identified a feasible alternative design and that there is a genuine question for the jury about whether Bard adequately warned of the device’s risks. Her design defect and failure to warn claims will go to trial. Denying summary judgment is not a finding that Bard did anything wrong. It means a jury, not the judge, will decide.
Why a Blood Clot Trial Matters
Most of the trials so far have involved infections. Robert Cook’s case in May and May Lattanzio’s in October were both infection cases, and Bard won most or all of the claims in each. The only plaintiff win came in a catheter fracture case, when a jury awarded Kimberly Divelbliss $40 million on September 4.
Hicks will be the first clot case tried in the federal litigation. According to the court’s bellwether selection order, about 30% of the cases in the litigation involve blood clots, and about 75% involve polyurethane catheters like the one in Hicks’s port. The court picked Hicks as one of two polyurethane clot cases to represent that group. Each verdict shows how one jury valued one case, but together the results often shape settlement talks.
Where the PowerPort Litigation Stands
The cases are consolidated in multidistrict litigation, MDL No. 3081, before U.S. District Judge David G. Campbell in the District of Arizona. As of November 2, 4,345 lawsuits were pending, according to the Judicial Panel on Multidistrict Litigation. The lawsuits allege that the catheters in Bard’s ports can break down over time, leading to fractures, infections and blood clots, and that Bard failed to warn doctors. Bard denies the claims. After Hicks, the next bellwether trial, Lloyd Sorensen’s infection case, is scheduled for February 2, 2027.
For background on the injuries and claims, see our Bard PowerPort lawsuit update. Doyle APC currently represents clients nationwide in Bard PowerPort lawsuits.
Common Questions
What is the next PowerPort bellwether trial?
The case of Judy Hicks, a Missouri woman who alleges blood clots formed in her Bard X-Port and blocked it. Trial is scheduled to begin December 1, 2026, in Arizona federal court.
What did the judge decide in the Hicks case?
On October 26, 2026, the court denied Bard’s motion for summary judgment, which asked for a ruling without a trial. Her design defect and failure to warn claims will go to a jury.
Does the ruling mean Bard is liable?
No. Denying summary judgment means there are disputed facts for a jury to decide. Bard denies the claims.
How many PowerPort lawsuits are pending?
As of November 2, 2026, 4,345 lawsuits were pending in MDL No. 3081 in the District of Arizona, according to the Judicial Panel on Multidistrict Litigation.
Can I still file a PowerPort blood clot claim?
Yes. The MDL is open and new claims are still being filed, including claims involving blood clots, infections and catheter fractures. Deadlines, called statutes of limitations, vary by state and often run from when an injury was discovered.
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