A federal jury in Arizona sided with C.R. Bard last week in the third bellwether trial over its PowerPort implanted port catheter.
The case was brought by May Lattanzio, a Florida woman who alleged that the PowerPort implanted in August 2013 led to a staph bloodstream infection. The trial began in mid-October. Like the other bellwethers, it was a test case chosen to show how juries respond to the evidence across the litigation.
A Split Record After Three Trials
The PowerPort cases are consolidated in multidistrict litigation (MDL No. 3081) before U.S. District Judge David G. Campbell in the District of Arizona, where more than 4,300 lawsuits are pending, according to the November 2026 report of the Judicial Panel on Multidistrict Litigation. Bard is a subsidiary of Becton, Dickinson and Co.
The trials so far have gone both ways. In the first, which ended in May 2026, a jury sided with Bard on most of the claims of Robert Cook, who also alleged an infection, including failure to warn, but could not reach a verdict on his design defect claim. On September 4, a jury awarded Kimberly Divelbliss $40 million after finding that her catheter’s design was defective and that Bard failed to warn of the risk of fracture.
Each bellwether shows how one jury valued one case. Together they give both sides a picture of what juries make of the evidence, which often shapes settlement talks. The fourth bellwether trial is scheduled to begin December 1, 2026.
What the PowerPort Lawsuits Allege
Implanted ports are placed under the skin, usually in the upper chest, to give patients easy access for chemotherapy, IV medicines and blood draws. The lawsuits allege the catheter material in Bard’s ports can break down over time, leading to cracks, fractures, pieces that travel to the heart or lungs, infections and blood clots. Plaintiffs allege Bard knew about the problems and failed to give doctors adequate warnings. Bard denies the claims.
For more on the claims and the trial schedule, see our Bard PowerPort lawsuit update.
Doyle APC currently represents clients nationwide in Bard PowerPort lawsuits.
Common Questions
What is the Bard PowerPort lawsuit about?
People who had a Bard implanted port allege the catheter can crack, break apart, move out of place or lead to infections and blood clots, and that Bard knew of the risks and failed to warn doctors.
Who won the third PowerPort bellwether trial?
Bard. A federal jury in Arizona sided with the company in the case of May Lattanzio, a Florida woman who alleged her PowerPort led to a bloodstream infection.
How have the PowerPort trials gone so far?
Bard won most claims in the first trial in May 2026, though the jury could not agree on design defect. A jury awarded Kimberly Divelbliss $40 million in September 2026. Bard won the third trial in October 2026.
When is the next PowerPort trial?
The fourth bellwether trial is scheduled to begin December 1, 2026.
Can I still file a PowerPort claim?
Yes. The MDL is open and new claims are still being filed. Deadlines, called statutes of limitations, vary by state and often run from when an injury was discovered.
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