A federal jury in Arizona awarded $40 million to a plaintiff who alleged her Bard PowerPort implanted catheter fractured and migrated into her heart, delivering the second — and most significant — verdict in the ongoing multidistrict litigation against C.R. Bard and its parent company Becton, Dickinson and Company. The verdict in Divelbliss v. Becton, Dickinson and Company came down September 4, 2026, and it lands as a major pressure point on Bard to reach a global resolution for the nearly 4,000 cases still pending in court.
What the Jury Found
The jury in MDL No. 3081, consolidated before the U.S. District Court for the District of Arizona, found C.R. Bard liable on two of the four claims at issue: negligent design defect and failure to warn. The panel cleared Bard on manufacturing defect and fraudulent concealment claims.
The plaintiff in Divelbliss alleged that a design defect in her Bard PowerPort catheter caused the device to degrade over time, ultimately fracturing. The fragment migrated through her bloodstream and into her heart, causing severe cardiac complications. The $40 million award covers compensatory damages only — the jury did not add punitive damages.
Context: What Happened at the First Bellwether Trial
The Divelbliss verdict follows a more mixed outcome in the first bellwether trial, Cook v. Becton Dickinson, which concluded in May 2026. In that case, the jury returned a defense verdict on failure-to-warn and consumer fraud claims, but deadlocked on the central design defect question, leaving that issue unresolved. The hung jury on design defect made Divelbliss the first clean jury verdict on that theory — and the plaintiff won on it decisively.
The contrast between the two trials reflects a pattern common in large MDLs: early bellwether results vary, but a convincing plaintiff win on liability creates serious settlement momentum. Bard now has a $40 million verdict establishing both that its device had a defective design and that the company failed to adequately warn patients and physicians about the risk.
What This Means for the Nearly 4,000 Pending Claims
Bellwether verdicts don’t automatically resolve remaining cases in an MDL. Each plaintiff’s claim must still be evaluated individually on its specific facts. But verdicts of this size do two things that matter enormously to the litigation as a whole.
First, they set a damages benchmark. Plaintiffs’ attorneys in the MDL now have a jury’s $40 million assessment of a comparable injury to use as a floor in settlement negotiations. Second, they increase financial risk for Bard. With roughly 4,000 cases queued up and a third bellwether trial scheduled for October 13, 2026, the potential exposure grows with each trial date on the calendar.
Cases in the Bard PowerPort MDL involve various injury categories — fracture and migration (the primary theory in Divelbliss), catheter-related infections (the theory at issue in Cook), and other complications from defective device failure. The Divelbliss verdict specifically advances the fracture-and-migration theory, which represents a significant portion of pending claims.
Who Filed — and Who May Still Be Eligible
Bard PowerPort implanted port catheters have been widely used for years in cancer patients and others requiring long-term intravenous access. The MDL encompasses patients who allege their devices cracked, fractured, or caused serious infections, and who suffered significant harm as a result.
Individuals who experienced complications from a Bard PowerPort or similar implanted port catheter — particularly those who required emergency intervention for device migration, cardiac events, or serious infections — may have a viable product liability claim. The October 13 bellwether trial will address additional claims and continue building the evidentiary record for settlement talks.
If you or a family member suffered complications from a Bard PowerPort catheter, speaking with a defective medical device lawyer before additional trial dates narrow the litigation window is worth doing sooner rather than later. Product liability claims of this type are evaluated individually, and product liability attorneys handling MDL cases typically work on contingency — no fees unless there is a recovery.
What Comes Next
The next Bard PowerPort bellwether trial is set for October 13, 2026, in the District of Arizona before the same MDL court. Additional bellwether trials are scheduled for December 1, 2026 and February 2, 2027. Each trial result either builds pressure toward a global settlement or tests new liability theories that could cut in either direction.
Becton, Dickinson has not announced any settlement discussions publicly. The $40 million compensatory verdict — combined with the first trial’s hung jury on design defect — gives plaintiffs’ counsel a strong negotiating position heading into the next round.
