Punitive Damages Claim Stricken from Neb. C.R. Bard Implantable Port Case
March 7, 2022
LINCOLN, Neb. — A federal judge has stricken a claim for punitive damages from an action targeting C.R. Bard Inc.’s implantable port/catheter system, ruling it is barred under Nebraska law, which is controlling.
In a Feb. 28 order, Magistrate Judge Michael D. Nelson of the U.S. District Court for the District of Nebraska found Nebraska has the most significant relationship to the action because the plaintiff’s alleged injuries and her treatment occurred in that state.
Nebraska citizen Kykla Gorji underwent implantation of Bard’s PowerPort isp M.R.I. Implantable Port on Oct. 1, 2019. Later that month, it was discovered the PowerPort …