The September update changed the Bard PowerPort litigation with its first win for an injured patient. On September 4, 2026, a federal jury in Arizona awarded Kimberly Divelbliss $40 million, AboutLawsuits.com reported in its verdict report.
A PowerPort is an implanted port placed under the skin to deliver fluids and drugs without repeated needle sticks. Her catheter fractured and migrated, forcing emergency heart surgery. The result gives patients and lawyers a new measure of how juries view design and warning claims.
Official resource:
- Read the original report from Uscourts — Use this primary source to review the complete report.
Table of Contents
- What broke and what the jury decided
- Why one win matters after an earlier loss
- Who is part of this litigation
- What does the $40 million mean for your claim
What broke and what the jury decided
Divelbliss alleged a roughly seven-inch catheter fragment broke off and lodged in her heart and right atrium. AboutLawsuits.com described emergency removal surgery followed by arrhythmias and further cardiac procedures. The fragment did not stay at the implant site. The jury found C.R.
Bard and parent Becton Dickinson liable for design defect and failure to warn. Atumio News reported in its trial analysis that jurors also found negligent design and negligent failure to warn. The jury declined punitive damages. The $40 million award was compensatory only. It was meant to address her injury, surgery, and cardiac harm.
Why one win matters after an earlier loss
This was the second bellwether trial in MDL No. 3081. A bellwether is a test case selected to show how evidence plays before a jury. The outcome does not control other cases. The first bellwether, Cook v.
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Becton Dickinson, ended May 8, 2026 with a defense verdict on warning and fraud claims. Atumio News reported that the jury hung on design defect. Divelbliss is therefore the first plaintiff win. The split result matters for settlement valuation. One loss followed by a large win shows risk for both sides.
Who is part of this litigation
Federal cases are consolidated as MDL No. 3081, In re: Bard Implanted Port Catheter Products Liability Litigation. The Judicial Panel on Multidistrict Litigation places the cases before Judge David G. Campbell in Arizona. The claims allege fracture, migration, clots, and infection.
The docket is large. The Panel listed 3,734 pending actions in its August 3 docket report. That figure means nearly 4,000 patients have implanted-port injury claims tied to bellwether outcomes. Most cases involve similar devices and failure patterns. Migration after fracture is a central injury in the test trials.
What does the $40 million mean for your claim
It does not set your payout. Doyle APC explains in its September case update that bellwether verdicts do not decide any other plaintiff's case. The firm also reports that no global Bard PowerPort settlement had been announced. Individual value will turn on device proof, injury, and treatment.
A fracture with cardiac surgery differs from a clot treated with drugs. A short hospital stay differs from repeated procedures. Three more bellwethers testing infection and other injuries were scheduled for October 13, 2026, December 1, 2026, and February 2, 2027. Doyle APC reports those dates will likely shape settlement talks. Useful steps now are:.
- Save your implant card, operative report, and explant records
- List fracture, migration, clot, infection, or removal dates
- Keep bills, work-loss notes, and follow-up cardiac care records
- Bring that file to a case review before any filing deadline
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