Bard Shifts Blame to Patient in Arizona Catheter Trial Defense

C.R. Bard ended its defense, arguing catheter infections arose at home, not from device defects.

C.R. Bard, a subsidiary of Becton Dickinson, concluded its defense in the high-profile product liability and negligence trial over its PowerPort catheter device on May 7, 2026. The case, tried in the U.S. District Court for the District of Arizona, involves plaintiff Robert Cook, who claims his port catheter infection was due to a defect in the device, not user error.

• For the first time in its legal defense, Bard asserted that any infections were contracted at home after implantation, rather than resulting from a device fault. This marks a significant shift in the company’s trial strategy in court filings.
• Cook, the plaintiff, contends that Bard concealed "knowledge of the PowerPort’s unreasonably dangerous risks from Plaintiff and his physicians."
• The trial, which began April 21, 2026, is the first of six bellwether cases set to proceed between April 2026 and February 2027, addressing the claims of more than 2,100 separate lawsuits filed against Bard.

These bellwether trials are expected to influence how remaining cases are litigated or settled and will likely impact the risk calculus for both manufacturers and counsel handling medical device litigation. The outcome could set precedents for how companies defend against allegations involving device-linked infections and patient injuries.

Yes, but: Key evidence underpinning Bard's claim, and the jury's reaction to this defense, are not yet public.

What's next: Five additional bellwether trials are scheduled through February 2027, with outcomes likely shaping settlement talks.