Defective Port Catheter Lawsuits
Defective port catheter lawsuits are on the rise as an increasing number of patients suffer serious complications from faulty medical devices. For those receiving long-term treatments like chemotherapy or antibiotic therapy, an implanted port catheter is designed to reduce discomfort and lower the risks of repeated needle sticks.
However, when these devices fail due to design defects, they can cause severe, even life-threatening injuries. Ferrer Poirot Feller’s experienced attorneys can help you explore your legal options and seek compensation from the manufacturers of defective port catheters.
Based in Dallas, Ferrer Poirot Feller represents clients nationwide who have been injured by dangerous medical products. With a deep commitment to advocating for patients and their families, our team provides compassionate and experienced legal guidance. To schedule a free, confidential case evaluation, contact our team today at (888) 485-8844.
National Defective Port Catheter Lawyers for Patients Injured by Faulty Devices
To succeed in a claim against a medical device manufacturer, you need a firm with deep product liability experience and nationwide reach. Since 1981, Ferrer Poirot Feller has represented individuals across the country who have been injured by unsafe medical devices, including defective port catheters. Our team combines legal experience with medical knowledge to build strong, evidence-based claims.
Your case begins with a private consultation where we take the time to understand your situation. We listen to your medical history, the details of your port catheter implant, the complications you’ve faced, and how those issues have affected your life. With that foundation, we begin a careful investigation into your claim.
We request your medical records from hospitals, cancer centers, and providers in your area.
We use this information to create a clear treatment timeline and determine exactly how the port catheter failed. We also work with respected medical experts, including interventional radiologists and materials specialists, who review your records and offer insights into the cause of the failure.
As part of the legal process, we use discovery tools to request internal documents from the manufacturer. These records may show design problems, safety warnings, or testing data that help support your case.
With our No Fee Guarantee, you can move forward without worrying about upfront costs. We cover all expenses related to your case, including expert reviews and court filings. You only pay attorney’s fees if we recover compensation for you. This allows you to focus on your recovery while we focus on your legal claim.
What Is a Port-a-Cath? How Implantable Port Catheters Work for IV Treatments
An implantable port catheter, often called a port-a-cath, is a small medical device placed under the skin to provide long-term access to a vein. It consists of two parts: the port, a chamber with a soft silicone top, and the catheter, a flexible tube that connects to a major vein near the heart.
These devices are often used for patients who require frequent intravenous (IV) treatments. They help prevent repeated needle sticks and protect smaller veins from damage. Port catheters are commonly used for:
- Chemotherapy
- Long-term antibiotic treatments
- Ongoing medication delivery
- Blood draws for lab tests
Patients rely on these devices for safe, consistent access to their bloodstream during ongoing medical care.
Why Port Catheters Fail: Defects in Design and Materials
Although all medical procedures carry some risk, many of the most serious complications related to port-a-cath use are caused by defects in the device itself. Defective port catheter lawsuits claim that certain models were made with unsafe materials or flawed designs that failed under normal use.
One reported problem involves the materials used in the catheter tubing. Certain models, including those manufactured by Bard and Smiths Medical, are made with a mix of polyurethane and barium sulfate.
According to lawsuits, the barium sulfate may not distribute evenly throughout the material, resulting in a brittle structure that is prone to breaking down inside the body. As the material weakens, tiny cracks or holes can begin to form. These defects may grow over time, increasing the risk that the catheter will fracture or break apart completely.
Health Risks and Injuries from Defective Port Catheters
When a port catheter fails, it can cause serious and sometimes life-threatening complications. These are not typical side effects of treatment but rather the result of a device breaking down under normal use. Injuries frequently cited in defective port catheter lawsuits include:
- Catheter Fracture: The tubing can split or break, releasing a fragment into the bloodstream. This is a medical emergency, as the fractured catheter fragment can travel to the heart or lungs.
- Catheter Migration: If a broken catheter piece moves through the bloodstream, it can damage vital organs. In many cases, surgery is required to remove the fragment and prevent further harm.
- Infections and Sepsis: Cracks or damage in the catheter can become breeding grounds for bacteria. These infections can spread into the bloodstream and cause sepsis, a life-threatening condition.
- Blood Clots and Thrombosis: Broken or damaged catheters may disrupt normal blood flow, leading to clot formation. These clots can cause pulmonary embolism, stroke, or heart attack.
These complications highlight the serious risks patients face when defective port catheters are used in long-term care.
Why File a Defective Port Catheter Lawsuit: Holding Manufacturers Accountable
Many injured patients are pursuing legal action against manufacturers who produced faulty port-a-cath devices. Defective port catheter lawsuits often focus on two main claims: defective design and failure to warn.
Defective Design Claim in Port Catheter Lawsuits
Lawsuits argue that some port catheter models were built with poor material choices. The combination of polyurethane and barium sulfate is alleged to create a fragile device that breaks down in the body. As a result, the catheter cannot perform its intended function safely over time.
Failure to Warn About Port Catheter Complications
Manufacturers are required to warn healthcare providers and patients about known risks. Plaintiffs argue that manufacturers had access to safety reports and post-market data showing high rates of failure.
Even with evidence of frequent failures, manufacturers failed to adequately warn patients and doctors about the risks of fractures, migration, or infection. The FDA’s MAUDE database contains numerous reports of port catheter failures, indicating that these companies were aware of the problems long before many patients were harmed.
Liability May Extend Beyond the Manufacturer
Though manufacturers are usually to blame, healthcare providers may also be liable if misuse contributed to the injury. For instance, if a port catheter was used in a manner inconsistent with the manufacturer’s warnings or labeled instructions, and that misuse contributed to injury, a provider may be named as a co-defendant.
FDA Approval and State Law Claims: How Preemption Affects Device Litigation
Although port catheter devices must obtain FDA clearance or approval, this does not automatically protect manufacturers from legal liability. Courts have repeatedly held that FDA regulation does not preempt all state law claims involving defective medical devices.
While manufacturers may assert federal preemption as a defense, these arguments are rarely successful in cases involving design defects or failure to warn.
Holding Manufacturers Accountable Through Product Liability Claims
Medical device makers are legally required to make products that are safe to use. Most port catheter lawsuits are based on strict liability, which means the injured person doesn’t have to prove the company was careless. They only need to show that the device was defective and that it caused harm.
This rule helps hold manufacturers responsible for unsafe products, no matter their intent. Patients who suffer injuries from a failed port catheter may be entitled to compensation for:
- Medical bills and treatment costs
- Lost income or earning ability
- Pain and suffering
- Long-term health complications
Filing a legal claim allows patients to seek justice and hold device manufacturers accountable for releasing unsafe products into the market.
How Our Defective Medical Device Lawyers Build Your Case
Our team has the experience and knowledge to navigate the complex process of a medical device lawsuit. We handle every step with precision and care, allowing you to focus on your health and recovery.
Free Consultation for Port Catheter Lawsuits: Find Out If You Qualify
Your case starts with a free consultation with our team. We will discuss your medical history, the type of port catheter you had implanted, and the complications you have suffered. This helps us assess whether you have a strong legal claim.
How We Build Your Port Catheter Lawsuit with Strong Medical Evidence
Building a strong case requires detailed and well-documented evidence. We collect your full medical records, including those related to your condition, port placement, and treatment for complications.
We also obtain product details for your specific catheter model and preserve any catheter fragments removed during surgery. To support your claim for damages, we document financial losses such as medical expenses and lost income.
Expert Witnesses for Port Catheter Cases: Strengthening Your Legal Claim
We work with leading experts, including interventional radiologists and biomedical engineers, to strengthen your case. In product liability cases, the plaintiff bears the burden of proving causation, meaning they must show that the defective port catheter directly caused the injury.
This often requires expert testimony from interventional radiologists, materials scientists, and biomedical engineers who can link the device failure to your medical complications.
Navigating a Potential Multidistrict Litigation (MDL)
When a single medical device harms many people across the country, their lawsuits are often consolidated into a Multidistrict Litigation (MDL). An MDL centralizes similar cases before a single judge, which streamlines the pretrial process, including discovery and expert testimony.
Your case remains your individual claim, and any settlement or award is based on the severity of your specific injuries. Our firm is well-equipped to represent clients in these large-scale national litigation.
Compensation Available in Defective Port Catheter Lawsuits
A successful lawsuit can provide your family with the financial resources needed to cover the costs of a serious medical injury. You may be entitled to compensation for the full extent of your medical costs, lost wages, and suffering.
Recovering Financial Losses: Medical Bills and Lost Wages in Port Catheter Claims
These damages are intended to reimburse you for all measurable financial losses caused by the failed device. This may include:
- The cost of all medical care needed to treat your injuries, including hospitalization, revision surgeries, and medication for infections.
- The cost of any future medical monitoring you may require.
- Income you lost while recovering from your injuries and additional procedures.
- Loss of future earning capacity if you have a permanent disability.
Non-Economic Damages: Pain, Suffering, and Emotional Distress
These damages compensate you for the significant, non-financial ways the injury has affected your quality of life. This may include compensation for:
- Physical pain and suffering.
- Mental anguish, including the fear and trauma caused by a medical emergency like a catheter fracture.
- Loss of enjoyment of life.
- Permanent disability or scarring.
The American Cancer Society recognizes the important role implanted devices like ports play in treatment. When these devices fail, patients have the right to seek accountability from the manufacturers responsible for the harm.
Port Catheter Lawsuit Deadlines: Statute of Limitations and Discovery Rule
Lawsuits involving defective port catheters must be filed within a limited period of time known as the statute of limitations. This time limit varies by state but is often between two and three years from the date the injury occurred or from the date the injury was discovered.
In many cases, patients are not immediately aware that a catheter has failed, especially when symptoms appear gradually or are initially attributed to other causes. That is why some states apply what is called the discovery rule, which allows the filing period to begin when the injury is first discovered or reasonably should have been.
In addition to the statute of limitations, some states enforce a statute of repose. This is a separate legal deadline that may bar a claim a certain number of years after the device was implanted or sold, regardless of when the injury is discovered. Together, these rules create strict time constraints that can permanently affect your ability to seek compensation.
Waiting too long to consult a lawyer may cause you to miss your opportunity to file a lawsuit, even if you have a strong case. If you believe a defective port catheter has caused you harm, it is important to speak with an attorney as soon as possible to protect your rights and preserve critical evidence.
Start Your Port Catheter Lawsuit Today with Ferrer Poirot Feller
Living with a serious condition is already difficult. When a medical device causes additional harm, the burden becomes even heavier. Filing a lawsuit can help you pursue compensation, hold the manufacturer accountable, and contribute to the development of safer medical products for others in the future.
Since 1981, the defective medical device attorneys at Ferrer Poirot Feller have represented injured patients across the country. Our team brings decades of experience, nationwide resources, and a strong commitment to protecting your rights.
To begin your case, call us at (888) 485-8844 or complete our online form to schedule a free and confidential consultation. We are available 24/7, and you will not owe any attorney’s fees unless we recover compensation on your behalf.