The third federal bellwether trial in the Bard PowerPort catheter litigation opens October 13, 2026, in the U.S. District Court for the District of Arizona. The case, brought by plaintiff May Lattanzio, focuses on a different injury theory than the September 2026 trial that produced a $40 million plaintiff verdict — and its outcome could significantly affect how Becton Dickinson values the roughly 3,500 to 4,000 remaining claims in MDL 3081.
What the October 13 Trial Is About
The September 2026 trial, Divelbliss v. C.R. Bard, established a $40 million compensatory damages verdict based on catheter fracture and migration — the device cracked and traveled through the plaintiff’s bloodstream into her heart. The jury found Bard liable on design defect and failure-to-warn grounds.
The October trial is a different injury track. Lattanzio alleges that surface degradation and micro-fractures in the PowerPort catheter created bacterial harboring areas that led to severe infection and sepsis. This is closer to the theory in the first bellwether trial — Cook v. Becton Dickinson — which was also an infection case and resulted in a partial defense verdict and hung jury on design defect.
The infection track matters because it represents a significant portion of the pending claims. If the October trial produces a plaintiff verdict on the infection theory, it creates a second major damages benchmark alongside the September $40 million fracture verdict — substantially increasing Becton Dickinson’s overall litigation exposure.
Where the MDL Stands Going Into October
Judge David G. Campbell of the District of Arizona denied Bard’s motion for summary judgment in the October case, clearing it to proceed to a jury. That ruling means the jury will decide the central design defect and failure-to-warn questions on the merits.
The MDL now has two completed bellwether results to work from:
- Cook v. Becton Dickinson (Spring 2026): Defense verdict on failure-to-warn and fraud; hung jury on design defect (infection claim).
- Divelbliss v. C.R. Bard (September 2026): $40 million plaintiff verdict on design defect and failure-to-warn (fracture/migration claim).
The October 13 trial will be the first completed infection-focused case to reach a jury verdict following the fracture track’s clear plaintiff win. Becton Dickinson has not announced any global settlement discussions. Additional bellwether trials are scheduled for December 2026 and February 2027.
What This Means for People with Bard PowerPort Catheters
The infection track in the MDL covers patients who experienced severe infections, sepsis, or related complications attributed to bacterial colonization of the catheter. These claims are distinct from fracture-and-migration cases, and the October trial will give courts, plaintiffs, and defendants a clearer picture of whether juries are willing to hold Bard liable on this second theory.
Patients who have experienced complications from a Bard PowerPort or similar implanted port catheter — whether fracture, migration, infection, or sepsis — may have claims being resolved through the MDL process. Individual cases continue to be evaluated on their specific medical facts. A defective medical device lawyer can advise on how the bellwether results affect the value and timing of individual claims.
The broader context is that the $40 million Divelbliss verdict established a clear liability finding on design defect — and the October infection trial will test whether that same design defect theory can support a verdict on the distinct infection injury pathway. A product liability attorney who follows the MDL closely can interpret how these outcomes apply to any pending claim.
