# Jury awards $40 million in Bard implanted port bellwether trial

Attorney advertising. Brief by Lou Schwartz, Schwartz & Associates, PC, Atlanta, Georgia. Published 2026-09-04; updated 2026-10-01. Responsible attorney: Lou Schwartz. Canonical: https://www.snalawyers.com/insights/bard-port-bellwether-verdict

A federal jury in Phoenix awarded $40 million in compensatory damages to a plaintiff in MDL No. 3081 (D. Ariz.) who alleged that her port's catheter fractured and a fragment lodged in her heart. The jury found for her on design defect and failure to warn, rejected manufacturing defect and fraudulent concealment claims, and awarded no punitive damages. The first bellwether, an infection case, ended in May with a defense verdict on the warning claim and a deadlocked jury on design defect.

**Why it matters.** Bellwether verdicts inform, but do not decide, the roughly 3,700 other cases pending in the MDL, and post-trial motions or an appeal may follow.

Update, Oct. 1, 2026: The Arizona federal judge overseeing the Bard implanted port catheter MDL denied C.R. Bard's motion for summary judgment in the third bellwether case, an infection claim, clearing the way for that trial to begin Oct. 13, 2026, according to Mealey's.

Consult your physician before making any decision regarding prescribed medication or medical treatment. Bard implanted port products remain cleared by the U.S. Food and Drug Administration for sale. Certain product lots have been recalled; the FDA recall database lists specific products.

## Sources

1. [AboutLawsuits report](https://www.aboutlawsuits.com/bard-powerport-lawsuit/jury-awards-40m-port-catheter-lawsuit-payout-bard-powerport-bellwether-trial/)
2. [HarrisMartin report](https://www.harrismartin.com/publications/4/drugs/articles/101380/plaintiff-awarded-40m-at-conclusion-of-bellwether-implanted-port-catheter-trial/)
3. [Update source (www.mealeys.com)](https://www.mealeys.com/mealeys/mealeys-drugs-devices/articles/2532560)

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