The Bard PowerPort is a medical device used in various surgeries to stop bleeding. The device has caused hundreds of people serious complications, including death. That’s why the FDA announced a class 2 recall for three Bard PowerPort models in May 2020. If this product harmed you, it’s essential to understand how you can file a lawsuit and improve your chances of winning.
Here are some tips that will give you an edge in your lawsuit against Bard Access Systems Inc.:
Table of Contents
Understanding Bard PowerPort Complications
Bard PowerPort is an Intravenous (IV) catheter associated with complications. Complications may include migration, fracture, deep vein thrombosis, etc., leading to severe injury or death.
Some people also get them implanted in the chest so the medicines can reach the heart. A recent report shows that a port is commonly planted in the right chest of a breast cancer patient. In fact, 78% of the studied women had the port embedded in the right chest.
Bard has changed the PowerPort to address these issues, but they haven’t stopped them completely. Thankfully, the U.S. Food and Drug Administration (FDA) understood these complications and initiated a recall of the products.
Understand That Your Claim Is Valid
The first step in comprehending your claim is to understand its validity. The Bard PowerPort lawsuits are about more than just money. They’re about justice for those wronged, and you deserve compensation for what happened to you.
In most lawsuits, the complications seemed to start 90 days after implantation. This is an extended period, which means the complications can be severe. Hence, it is important to seek justice so nothing like this ever happens to anyone else in the future.
You are not alone in this fight, though. This product also injured many other people like yourself. However, you will have to ensure that your claim is valid. This means you need to establish the connection to prove that your health problems are associated with using Bard PowerPort.
Once you establish the connection, you can file a Bard PowerPort lawsuit and legally fight against manufacturers. The manufacturers will have to take accountability and answer the public. This will help you get compensation for the medical expenses, lost wages, and other damages you have suffered due to your health condition.
Assemble a Strong Legal Team
Assembling a solid legal team is crucial when facing a Bard PowerPort lawsuit. These lawsuits often involve complex medical and legal issues, underscoring the importance of having experienced professionals on your side. A skilled legal team can significantly increase your chances of a favorable outcome.
According to TorHoerman Law, hiring an attorney with expertise in medical device litigation is essential. They can navigate the intricate details of the case, understand the medical aspects, and effectively communicate them to the court. A knowledgeable attorney can build a compelling argument based on the facts and applicable laws.
Additionally, they can assist with research, document preparation, and case organization. Their contributions streamline the legal process and ensure no crucial details are overlooked.
Furthermore, a solid legal team should include experts or consultants who can provide specialized insights. In Bard PowerPort lawsuits, having medical experts who can testify about the device’s safety and potential harm is invaluable. Their testimony can strengthen your case significantly.
Moreover, effective communication and collaboration within the legal team are essential. Each member should work cohesively to pool their knowledge and skills. This synergy enables the development of a robust legal strategy and enhances your chances of success.
Lastly, a solid legal team can also negotiate settlements effectively. They can negotiate with the opposing party to secure fair compensation if a settlement is in their best interest. Their negotiation skills can help you achieve a favorable resolution without a protracted court battle.
Gather Evidence and Documentation
To start, you’ll need to gather evidence and documentation. This can be done by keeping a journal of your interactions with the Bard PowerPort and taking photos of any damage it has caused. If possible, take pictures of the device.
Keep track of every time you use the product and what happens afterward. This will help prove an issue with its design or manufacturing process.
Suppose your case goes to court and becomes a public record. In that case, those photos will become substantial evidence for other plaintiffs to use against the manufacturers.
Prepare for Trial
To win your Bard PowerPort lawsuit, you must be prepared for trial. This means knowing what to expect on the day of your hearing and preparing accordingly. Here are some tips on how to prepare:
- Prepare for cross-examination: One or more members from the opposing side will likely conduct cross-examination against you during this trial phase. Hence, it’s best to know what questions they might ask and how best to respond articulately. If possible, practice answering with various scenarios beforehand so that when it comes time for real questioning at trial, nothing surprises you.
- Prepare yourself mentally: A big part of winning any lawsuit involves keeping calm under pressure, and there will be plenty. So take deep breaths before stepping into court or meditating beforehand, whatever works best to keep stress levels low.
Navigate the Courtroom
You should be prepared for anything. Your lawyer will guide you through this process, but knowing what to expect in court is essential.
- Prepare yourself mentally: You’ll need patience and confidence throughout the process. It’s also important not to let emotions get the best of you while testifying or cross-examining by opposing counsel. They want nothing more than their client’s story and evidence against yours to sway the jury members’ opinions against yours.
- Know how much time is needed: Trials can last from one day to several weeks, depending on the complexity of the issues being argued.
- Be prepared with documents and witnesses who have firsthand knowledge about any event at issue for them to testify if necessary.
Post-Trial Actions
After a trial, there will be a period where the judge considers all of the evidence and decides if you won. This process can take weeks to months, depending on how complex your case is and how busy the court is with other cases.
Estimates reveal that there could be as many as 10,000 Bard PowerPort lawsuits in the future. Hence, it can take some time before you get justice. In fact, the cases are also consolidated into multidistrict litigation (MDL) due to the large volume.
After you receive notice that your case has been decided, there are several things that you should do:
- Ensure that the judge considers all documents in making his or her decision. Then, review those documents again so that any mistakes others make don’t go unnoticed.
- If anything else could have been done better during discovery or trial preparation, now would be a good time for those improvements.
Conclusion
You can win if you’re one of the thousands of people harmed by Bard PowerPort stents. We hope this guide will help you get the confidence to file a lawsuit against Bard PowerPort manufacturers. Regardless of how severe the injury is, if you think it was caused by Bard PowerPort use, you can seek justice. Hire a professional lawyer and get his help to navigate the complex legal landscape.
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