Formation of the MDL
In August 2023, federal lawsuits over Bard PowerPort implanted port catheters were consolidated into a multidistrict litigation in the District of Arizona. The proceeding is formally titled In re Bard Implanted Port Catheter Products Liability Litigation, MDL No. 3081, and is assigned to Judge David G. Campbell. A multidistrict litigation, or MDL, is a procedure used by the federal court system to handle large numbers of similar cases more efficiently by transferring them to a single judge for coordinated pretrial proceedings. A separate MDL, numbered 3125, covers port catheters made by AngioDynamics and Navilyst, but that proceeding is not the subject of this page.[1]
Selection of Bellwether Cases
On May 12, 2025, Judge Campbell selected six bellwether cases to go to trial, plus one alternate. The cases were chosen to cover three types of injury claims: infection, blood clot, and fracture. Bellwether trials are early test cases intended to help the parties and the court understand how juries may respond to different fact patterns and legal arguments. The outcomes can inform settlement negotiations, though they do not bind other plaintiffs or the defendant.[2]
First Bellwether Trial
The first bellwether trial, Cook v. Becton Dickinson, began with opening statements on April 21, 2026. The case involved an infection claim.[3]
On May 8, 2026, the jury returned its verdict in Cook. The jury found in favor of Bard on the failure-to-warn claim and the consumer fraud claim. On the main design defect claim, the jury could not reach a verdict. This outcome is sometimes called a hung jury on that count. The result means the plaintiff did not prevail on any claim that went to a final jury decision, but the design defect question remains unresolved in that particular case.[3]
Second Bellwether Trial
A second bellwether trial was scheduled to begin on August 18, 2026. The record we track does not show the outcome of that trial or the name of the case.[4]
Current Case Count
As of July 1, 2026, approximately 3,564 actions were pending in the Bard PowerPort MDL No. 3081, according to a report from the Judicial Panel on Multidistrict Litigation. The separate AngioDynamics MDL No. 3125 had about 401 pending actions at that time. No settlement has been announced in either MDL.[1]
What the Lawsuits Allege
The lawsuits in MDL No. 3081 involve Bard PowerPort implanted port catheters. Based on the bellwether case selection and the first trial, plaintiffs have brought claims including design defect, failure to warn, and consumer fraud. The allegations center on complications such as infection, blood clot, and fracture. No court has issued a final ruling on the merits that applies across the MDL. The first bellwether jury rejected the failure-to-warn and consumer fraud theories presented in that case but did not reach agreement on the design defect claim.[2][3]
Where Things Stand Now
The litigation remains in the bellwether trial phase. One trial has concluded with a verdict largely in favor of the defendant, though one claim ended in a hung jury. A second trial was scheduled for mid-August 2026. The record we track does not show whether additional bellwether trials have been scheduled, whether any global settlement discussions are underway, or when the remaining thousands of cases might be resolved or remanded to their originating courts for individual treatment.
What Is Not Known Yet
The outcome of the second bellwether trial scheduled for August 18, 2026, has not been confirmed in the court records we track.[4]
In September 2026, a litigation funding company reported a 40 million dollar jury verdict in a Bard PowerPort trial. That report has not been confirmed from court records, and we do not know the case name, the date, the claims involved, or whether the report is accurate.[5]
The record we track does not show whether any settlement has been reached in any individual case within the MDL, whether any cases have been remanded to their home districts, or what schedule the court has set for further bellwether trials or other proceedings.
Sources
- In re Bard Implanted Port Catheter Products Liability Litigation, MDL No. 3081 (D. Ariz.) (2023-08-01). Secondary report: openclassactions.com
- MDL No. 3081 (D. Ariz.) (2025-05-12). Secondary report: harrismartin.com
- Cook v. Becton Dickinson, MDL No. 3081 (D. Ariz.) (2026-04-21). Secondary report: wisnerbaum.com
- MDL No. 3081 (D. Ariz.) (2026-08-18). Secondary report: lanierlawfirm.com
- MDL No. 3081 (2026-09-01). Secondary report: webull.com
Litigation facts on this page come from the TortIntel litigation record and the documents linked above. Last checked against that record on 2026-10-24. If you see an error, tell us and we will correct it.