$40M jury verdict after interventional procedure leads to patient’s heart problems
Arizona jurors have unanimously awarded one woman a $40 million verdict after an interventional procedure later led to heart complications and other health problems.
Plaintiff Kimberly Divelbliss, of New Mexico, prevailed in the product liability case last month against device manufacturer Becton, Dickinson and Co. (also known as BD). Back in 2017, Divebliss was implanted with a Bard PowerPort—a small device placed under the skin using imaging guidance to provide long-term IV access for chemotherapy, blood draws or medications.
However, two years after the procedure, the Groshong silicone catheter fragmented and became lodged in her heart, with the injury requiring removal surgery. This later led to cardiac arrhythmias, heart attacks, and additional subsequent procedures and prescriptions, according to law firm Wagstaff & Cartmell, which represented Divelbliss in the case.
"Bard had years to make this device safe or, at a minimum, warn about its true dangers and didn't do it," Brandon Henry, trial counsel for the plaintiff, said in a statement Oct. 28. "This verdict does a few things. Most importantly, it recognizes everything Kim has been through. She stood up not just for herself, but for every patient this device has hurt and still could. And it signals to Bard, and companies like it, that patients will be protected, one way or another."
Missouri Lawyers Media also reported news of the verdict on Wednesday, claiming that BD could not be reached for comment. The Franklin Lakes, New Jersey-based device manufacturer has previously defended itself against claims made in this and other lawsuits pertaining to the PowerPort.
BD has emphasized that the device is cleared by the U.S. Food and Drug Administration and has not been subject to recall, due to this fracture issue.
“Patient safety and product quality are top priorities, and we are empathetic to any patient who experiences a medical complication following the use of one of our devices. All implantable medical devices—including vascular access port devices—carry inherent risks but also offer important clinical benefits that can outweigh those risks,” BD said back in 2023. “We clearly communicate the risks and benefits of our PowerPort devices so physicians, in consultation with their patients, can determine whether those benefits outweigh the potential risks in a particular instance,” the company added later.
Numerous medical experts testified during the trial, according to Missouri Lawyers. They included Darren Hurst, MD, a Cincinnati-based interventional radiologist, who spoke in favor of the plaintiff, and Ralph L. Reichle, MD, a Boston IR specialist who testified for the defendant.
Divelbliss first filed her complaint in a New Mexico state court in July 2022, alleging product defects relating to design, warnings and manufacturing, fraudulent concealment and other claims. Her case was moved by the defendants to federal court and consolidated with other cases in multi-district litigation, according to Wagstaff & Cartmell. The law firm had originally made pretrial demands of $10 million.
The nine-person jury ruled in favor of Divelbliss on her strict liability, negligent design defect and “failure to warn” claims. However, they declined charges pertaining to fraudulent concealment and did not award any punitive damages. This was the second trial and first successful verdict for a plaintiff pertaining to this product. A previous trial resulted in a partial defense verdict and hung jury, with additional trials to come, according to plaintiff attorneys and the Harm Report.
Marty Stempniak has covered healthcare since 2012, with his byline appearing in the American Hospital Association's member magazine, Modern Healthcare and McKnight's. Prior to that, he wrote about village government and local business for his hometown newspaper in Oak Park, Illinois. He won a Peter Lisagor and Gold EXCEL awards in 2017 for his coverage of the opioid epidemic.