Bard PowerPort Bellwether Trial Tracker
Updated August 3, 2026. MDL-3081 is being worked out through a five-case bellwether program. The results of these trials, not a settlement, are what will set the value of the litigation. One case has been tried and the next, Divelbliss, is set for August 18, 2026. This page is updated after every verdict.
Key Takeaways
- Five bellwethers: Cook, Divelbliss, Lattanzio, Hicks and Sorensen
- Cook (infection) ended May 2026 in a defense verdict on the decided claims, with a hung jury on design defect
- Divelbliss, the first fracture case to a jury, is set for August 18, 2026
- The three remaining trial dates are reported but not tied to a case management order, so we do not state them
- Under CMO 48, unresolved cases are transferred or remanded to their home districts after the bellwethers
The Five Bellwethers
| Trial | Case | Injury | Catheter material | Date | Outcome |
|---|---|---|---|---|---|
| Trial 1 | Cook v. Becton, Dickinson | Infection | Not publicly specified | Apr 21 – early May 2026 | Defense verdict on failure to warn, failure to instruct and consumer fraud; hung jury on design defect. Plaintiff moved for a new trial. |
| Trial 2 | Divelbliss | Fracture (first to a jury) | Silicone Groshong (subclavian) | Aug 18, 2026 | Pending. First catheter-fracture case in the MDL to reach a jury. |
| Trial 3 | Lattanzio | Not publicly confirmed | Not publicly confirmed | Not publicly confirmed | Not yet tried. |
| Trial 4 | Hicks | Not publicly confirmed | Not publicly confirmed | Not publicly confirmed | Not yet tried. |
| Trial 5 | Sorensen | Not publicly confirmed | Not publicly confirmed | Not publicly confirmed | Not yet tried. |
Trials 1 and 2 are confirmed. The case names of the remaining three bellwethers are confirmed, but their injury type, catheter material, and trial dates are not tied to a primary case management order in any source we can verify. Three trial dates have been reported (October 13, 2026, December 1, 2026, and February 2, 2027) but have not been mapped to specific cases or confirmed against a CMO.
Trial 1: Cook (infection)
The first bellwether, Cook v. Becton, Dickinson, ran from April 21, 2026 into early May 2026. Robert Cook, a Minnesota colorectal-cancer patient, was hospitalized for six days and had chemotherapy delayed about two weeks after his PowerPort became infected. Heading into trial, Judge Campbell had denied nearly all of Bard's summary-judgment motion on March 5, 2026. The jury then returned a defense verdict on the claims it decided, clearing Bard and Becton Dickinson on failure to warn, failure to instruct, and consumer fraud, and hung on the central design-defect claim. Plaintiff moved for a new trial, arguing faulty jury instructions and time pressure on the jury; the outcome of that motion has not been reported.
Trial 2: Divelbliss (fracture), August 18, 2026
Divelbliss is the first catheter-fracture case in the MDL to reach a jury, which makes it the most closely watched trial in the litigation so far. Because Cook was an infection case, this is the first real test of the fracture theory. The case involves a silicone Groshong catheter placed in the subclavian vein. A final pretrial conference was held July 17, 2026, at which Bard moved to bifurcate liability and compensatory damages from punitive damages. We will update this page with the outcome.
What the program is built to test
The bellwethers are structured to span more than one injury type and more than one catheter material, because the alleged design defect may play differently for infection, fracture, and thrombosis. Fracture claims are only about 12% of the MDL inventory per CMO 48, with infection and thrombosis claims making up the majority, so the order and mix of trials is meant to be representative of the docket rather than of the most dramatic injuries.
What happens after the bellwethers
Judge Campbell set out the fallback in CMO 48: cases not resolved by settlement after the bellwethers are to be transferred or remanded to their home districts for resolution. There is no global settlement, no settlement fund, and no plaintiff verdict as of August 2026, and we do not publish projected per-case figures because no verified source has published any.
Frequently Asked Questions
How many bellwether trials are there in the Bard PowerPort MDL?
What happened in the first bellwether trial?
Why is the Divelbliss trial important?
What happens to cases that are not bellwethers?
Sources & References
4 sources cited• U.S. District Court, District of Arizona: MDL-3081 case management orders (CMO 48 and CMO 49, May 19, 2026)
• Trial reporting on Cook v. Becton, Dickinson (April–May 2026) and pretrial proceedings in Divelbliss
• Judicial Panel on Multidistrict Litigation: MDL statistics reports
• Case names for the five bellwethers per plaintiffs' leadership filings; post-Divelbliss dates reported but not tied to a primary CMO
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Every case is unique, and results depend on the specific facts and circumstances involved. Past settlement amounts and case outcomes do not guarantee similar results in your case. If you believe you have a legal claim, you should consult with a licensed attorney in your jurisdiction who can evaluate your specific situation.