A federal jury in the District of Arizona returned a unanimous verdict awarding plaintiff Kimberly Divelbliss compensatory damages in the amount of $40 million for her injuries from her Bard implanted port catheter. This was the second bellwether trial and first verdict for the plaintiff in MDL No. 3081 pending before Judge David G. Campbell. Ms. Divelbliss was represented at trial by Michael A. Sacchet, of Ciresi Conlin, LLP; Brandon D. Henry, of Wagstaff & Cartmell, LLP; and Thomas W. Pirtle, of Laminack Pirtle Martines
PHOENIX, Sept. 10, 2026 /PRNewswire-PRWeb/ -- A federal jury returned a unanimous verdict Friday afternoon following a three-week, bellwether trial in Phoenix, Arizona, awarding plaintiff Kimberly Divelbliss a total of $40 million in compensatory damages resulting from a failed implanted port catheter (IPC), manufactured by Bard.
The IPC at issue was a PowerPort with a Groshong silicone catheter. Two years after Divelbliss was implanted with her PowerPort, the catheter fractured and a fragment became lodged in her heart, causing an injury that required removal surgery and led to cardiac arrhythmias, heart attacks, and subsequent cardiac procedures and medication.
Brandon Henry, a partner at Wagstaff & Cartmell in Kansas City, was one of the lead trial lawyers for the plaintiff, along with Michael A. Sacchet, of Ciresi Conlin, LLP and Thomas W. Pirtle, of Laminack Pirtle Martines.
"Bard had years to make this device safe or, at a minimum, warn about its true dangers and didn't do it," Henry said. "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."
Divelbliss filed her complaint in state court in New Mexico in July 2022, alleging claims for design defect, warnings defects, manufacturing defects, fraudulent concealment, and others. Her case was removed by the defendants to federal court and consolidated with other IPC cases in a federal multi-district litigation, MDL No. 3081, assigned to Judge David G. Campbell in the United States District Court for the District of Arizona.
The nine-person jury found unanimously in favor of Divelbliss on her strict liability and negligent design defect claims and on her strict liability and negligent failure to warn claims. The jury declined to find fraudulent concealment and declined to award punitive damages. The case was captioned as Kimberly A. Divelbliss v. Becton, Dickinson and Company, et al., No. CV-23-1627-PHX-DCG (MD-23-3081).
This was the second bellwether trial, and first successful verdict for a plaintiff, in the Bard Implanted Port Catheter MDL. The first trial resulted in a partial defense verdict and partial hung jury. Additional bellwether trials are currently scheduled to begin October 13, December 1, and February 2, 2027.
About Wagstaff & Cartmell
Wagstaff & Cartmell is a litigation firm with offices in Kansas City, Missouri, and Washington, D.C. The firm represents individuals, families, public entities, and other clients in complex, high-stakes litigation nationwide, including mass torts, consumer protection matters, product liability cases, class actions, and litigation involving public health and corporate wrongdoing.
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