$40 Million Bard Port Verdict Marks Shift in Federal Bellwether Litigation

A federal jury in Arizona awarded $40 million to a New Mexico woman who alleged that an implanted Bard port catheter fractured, migrated to her heart and caused severe cardiac injuries.

The September 4 verdict in Divelbliss v. C.R. Bard Inc. is the first plaintiff victory in the federal Bard Implanted Port Catheter Products Liability Litigation, MDL No. 3081, which is centralized before U.S. District Judge David G. Campbell in the District of Arizona.

Jury Finds for Plaintiff on Design Defect and Failure to Warn

Plaintiff Kimberly Divelbliss received the implanted port in 2017 for recurring intravenous treatment related to an autoimmune condition. According to her attorneys, a section of the catheter fractured in 2019 and traveled to her heart, requiring emergency removal.

Divelbliss alleged that the device failure caused two heart attacks and led to additional cardiac procedures, a permanent pacemaker and ongoing medication.

After deliberations, jurors awarded $40 million in compensatory damages. They found for Divelbliss on negligent design-defect and failure-to-warn claims, but rejected claims involving manufacturing defects and fraudulent concealment. The jury did not award punitive damages.

Bard, which is owned by Becton, Dickinson and Company, has disputed the verdict. In a statement reported by Law.com, the company maintained that its implantable ports provide important clinical benefits, challenged the evidentiary basis for the findings and indicated that it would pursue post-trial and appellate options.

How the Verdict Compares With the First Bellwether

The verdict follows a defense result in the MDL’s first bellwether trial, which concluded in May 2026.

In that case, plaintiff Robert Cook alleged that a Bard port caused an infection. Jurors found for Bard on failure-to-warn and consumer-fraud claims, but did not reach a unanimous decision on whether the device was defectively designed.

Together, the outcomes show why bellwether trials are closely watched. These early cases do not decide other lawsuits, but they can help parties evaluate how juries may respond to different injuries, product configurations, evidence and legal theories.

The Divelbliss trial is particularly notable because it tested allegations involving catheter fracture and migration, which differ materially from the infection allegations considered in the first bellwether.

More Than 3,000 Cases Remain in the MDL

MDL No. 3081 includes thousands of lawsuits involving Bard implanted port catheters. The devices are implanted beneath the skin to provide recurring access for chemotherapy, medications and other intravenous treatments.

Plaintiffs generally allege that certain catheter materials or designs can degrade, fracture or migrate, potentially causing infections, thrombosis and other serious complications. Bard and BD deny that their devices are defective and contest the plaintiffs’ liability and causation allegations.

Additional bellwether trials are scheduled to begin October 13 and December 1, 2026, with another trial set for February 2, 2027. Those proceedings may provide further insight into how juries evaluate the different products, injuries and liability theories represented across the MDL.

What the Verdict Means for Firms Managing Port-Catheter Inventories

A major verdict can increase activity across a litigation, but it does not establish settlement value or predict outcomes in other cases. Each claim will continue to turn on its specific facts, including:

• product identification;
• implantation and removal records;
• medical history;
• alleged failure mechanism;
• causation evidence; and

For law firms managing large medical-device inventories, this stage of the litigation reinforces the need to build organized, analysis-ready files. Key priorities include:

• Validate device and product-identification information.
• Secure complete implantation, treatment and removal records.
• Document the nature and timing of alleged complications.
• Identify missing evidence and claimant deficiencies early.
• Categorize claims by injury, device type and litigation posture.
• Maintain accurate, analysis-ready inventories as the bellwether process advances.

From Bellwether Developments to Settlement Readiness

As the Bard port litigation progresses, law firms need complete claimant records, validated product information and clear visibility across their inventories. Verus helps firms transform complex case data into organized, actionable portfolios by identifying documentation gaps, monitoring deficiencies and strengthening settlement readiness from intake through resolution.

Is your medical-device inventory ready for what comes next? Connect with Verus to discuss how our case-management and litigation-analytics solutions can help prepare your portfolio.

This article reports on pending litigation. Allegations remain contested, post-trial proceedings may follow, and outcomes in bellwether cases do not determine the results of other claims.

Sources: Law.com reporting provided for this article; U.S. District Court for the District of Arizona—Bard Implanted Port Catheter MDL; Case Management Order No. 42 and revised bellwether schedule.