Device litigation has a specific evidentiary structure. Unlike a car accident, the key facts are not in dispute at the scene; they are in medical records, device logs, and sometimes in the explanted device itself. Knowing what matters lets you protect it early.
Tier one: product identification
Everything starts with proving the device was a Bard PowerPort. Sources, in order of strength:
The implant log or operative report. Hospitals record manufacturer, model, and lot number for every implanted device. This is the definitive record and firms request it first.
The device identification card. Most patients receive a wallet card at implant with the same details. Photograph it now.
The device itself. If the port was removed, ask whether it was retained. The MDL judge issued preservation orders; an explanted device that was kept can be examined for degradation.
If your port is scheduled for removal, tell the surgical team in advance that you want the device preserved and not discarded. Once it is gone, that evidence is gone.
Direct2Attorney · Claim GuidanceTier two: injury and causation
Imaging and labs
Shows what happened- Chest X-ray or CT showing fracture or migration
- Ultrasound or venogram showing thrombosis
- Blood cultures identifying infection
- Echocardiogram if the heart was involved
Treatment records
Shows what it cost- Operative report for retrieval or removal
- Hospital admission and discharge summaries
- Antibiotic or anticoagulant treatment records
- Oncology notes documenting treatment delays
Tier three: damages
Bills and explanation-of-benefits statements. Records of missed work or lost income. A simple log of pain, limitations, and the emotional toll — contemporaneous notes are far more persuasive than memory. If chemotherapy or other treatment was delayed by the complication, oncology notes documenting that delay are especially important.
Getting records when hospitals are slow
You have a legal right to your records, but requests can take weeks. Ask for the implant log by name, specify “manufacturer, model, and lot number,” and request electronic delivery. If you engage a participating firm, they will send formal requests and follow up; most patients find this is the point where the paperwork stops being their problem.
What this means if you're considering a claim
You do not need to assemble all of this before asking. Start with whatever identifies the device and confirms the complication. A free review tells you whether the basics fit and hands the rest to a firm.
Have some of these records?
That is enough to start. Free, confidential, no obligation.
Common Questions
No. The implant log and imaging prove identification and injury without the physical device.
It is common. A firm requests from each facility.
Causation is established through expert testimony in the MDL. Your treating records need only document what happened.
The filing deadline matters; the records can follow. Do not delay a review to finish collecting paperwork.
No. Direct2Attorney’s review is free, and participating law firms typically work on contingency, meaning fees are generally paid only if there is a recovery. Confirm fee terms in writing with the firm.
