Bard Loses Bid to Dismiss Ky. Federal Lawsuit Targeting PowerPort Device

LOUISVILLE, Ky. — A Kentucky federal judge has refused to dismiss a lawsuit accusing Bard of misrepresenting the safety of its PowerPort vascular access device, finding the plaintiff has adequately alleged that the product was defectively designed and manufactured and was accompanied by inadequate warnings.

On March 4, Chief Judge Greg Stivers of the U.S. District Court for the Western District of Kentucky rejected Bard’s argument that the learned intermediary doctrine defeats the claims, holding that the plaintiff adequately alleged her doctor was not fully apprised of the device’s dangers.

Rhonda Duff underwent placement of a Bard PowerPort to treat …