TIVAD Lawsuit | Latest Updates

TIVAD ports, also known as Port-a-Cath, have been the subject of hundreds of lawsuits filed across the U.S. Our legal team has direct hands-on experience managing thousands of TIVAD-related claims, which gives us current insight into the latest litigation developments and practical understanding of how these cases actually unfold. The primary allegations against manufacturers claim these medical devices caused serious injuries including infections, sepsis, internal bleeding, heart damage, and even death.

The lawsuits allege that TIVAD ports made of silicone mixed with barium sulfate can weaken over time, causing the implanted ports to break or leak.

Latest TIVAD Lawsuit Updates

• October 2021 – A lawsuit was filed on behalf of a cancer patient who was injured after his TIVAD port broke and leaked chemotherapy medications into his body from the port implantation site. The complaint was filed by the family of Jesus L. III, who was implanted with an AngioDynamics Vortex Port in June 2019 at Texas Children’s Hospital in Houston for chemotherapy [1].
• June 2019 – Less than two weeks after receiving the totally implanted port, the patient had to undergo another surgery to remove the vortex port after the device failed. It was determined that the port was leaking chemotherapy medication under his skin around the port. In May 2021, Jesus L. III sadly died following complications with the device [2].

FDA Reports and Statistics

According to reports, the FDA approved the Vortex Port in December 2006 [3]. Shortly after approval, the manufacturers allegedly began receiving reports of the Vortex Port breaking after being implanted, with fractured pieces of the device migrating to other areas of the body, including the heart and lungs.

The FDA has received numerous reports of catheter fractures, dislodgement, and other complications associated with TIVAD devices. These reports highlight the potential risks of device failure and subsequent patient harm.

TIVAD Injuries & Side Effects

TIVAD ports have been linked to numerous life-threatening injuries and complications, including:

• Hemorrhage: Internal bleeding that can be life-threatening
• Cardiac complications: Including cardiac/pericardial tamponade (pressure around the heart) and cardiac arrhythmia
• Device failure: Breakage, leakage of medications and fluids into the body, septum dislodgements
• Infections: Including sepsis which can be fatal
• Tissue damage: Perforations of tissue, vessels, and organs, erosion through the skin, necrosis
• Cancer advancement: When the TIVAD breaks or leaks medication, which reduces the effectiveness of chemotherapy
• Severe complications: Requiring removal surgery or resulting in death

Do You Qualify for a TIVAD Lawsuit?

You may qualify for a TIVAD lawsuit if:

• You received a TIVAD port implantation.
• You experienced serious side effects including infections, sepsis, internal bleeding, heart damage, device breakage or leakage.
• The injuries required medical treatment or hospitalization.
• You can provide medical documentation linking your injuries to the TIVAD device.

Evidence Required for a TIVAD Lawsuit

To support your case, you will need:

• Medical records documenting your injuries
• Proof of the implantation procedure
• Records of device malfunctions
• Expert testimony linking the device to the complications
• Any communication with healthcare providers or regulatory authorities

Damages You Can Recover

Compensation from a TIVAD lawsuit may include:

• Medical expenses
• Lost wages
• Pain and suffering
• Other related costs depending on the severity of your injuries and their impact on your life

Statute of Limitations for TIVAD Lawsuits

The statute of limitations for filing a TIVAD lawsuit varies by state but typically ranges from one to three years from the date of injury or discovery of the defect. Some states follow a “discovery rule,” which allows the clock to start when the injury is discovered rather than when it occurred, potentially extending the filing window. Additionally, certain states may have separate deadlines for minors or other special circumstances that could affect your eligibility to file. Some jurisdictions also recognize a “discovery of harm” exception, which may pause the statute of limitations under specific conditions. Because statutes of limitations are strictly enforced and vary significantly by jurisdiction, it’s critical to consult with a qualified attorney in your state as soon as possible. Missing the applicable deadline can permanently bar your right to pursue compensation, regardless of the strength of your claim.

Many states also have “tolling” provisions that may suspend the statute of limitations in certain situations, such as when a plaintiff is legally incapacitated or when the defendant is out of state. An experienced attorney can help determine if any exceptions apply to your case and whether your state’s laws provide additional protections. Time is of the essence in these matters, as gathering medical records, establishing causation, and preparing your claim requires adequate preparation before any deadline expires. Additionally, some states impose shorter deadlines for claims against government entities or healthcare providers, making early legal consultation even more important to protect your rights. In some cases, particularly those involving injuries to children or vulnerable populations, additional tolling mechanisms may extend the filing window, underscoring the importance of early legal guidance.

Given the complexity of TIVAD cases and the varying procedural requirements across jurisdictions, prompt action following an injury can make a significant difference in your ability to recover damages and hold responsible parties accountable. State laws are periodically updated, and new court rulings may affect how statutes of limitations are applied in your jurisdiction. Additionally, some states have recently enacted legislation expanding the statute of limitations for medical device injury claims or creating special windows for previously time-barred cases. As of our latest review, several jurisdictions have introduced more favorable provisions for plaintiffs in medical device cases, including extended filing deadlines for certain device-related injuries. However, these laws continue to evolve, so verification with a legal professional is essential before concluding that your claim is too old to pursue.

Related Articles:

• Catheter Injury Lawsuit
• ACIST Kodama Catheter Lawsuit
• Bard PowerPort Lawsuit

See all related medical device lawsuits our attorneys are currently taking.

FAQs

1. What is a TIVAD totally implanted port?

TIVAD stands for Totally Implantable Venous Access Device, also known as Port-A-Cath. These devices are placed under the skin and connected to a vein via a catheter, allowing healthcare providers to easily administer medicines and transfusions to patients.

2. Who typically needs a TIVAD port?

TIVAD ports are highly recommended for those who require regular access to a vein for medication and/or therapy. They are most often implanted in cancer patients who require radiation therapy for treatment, as well as patients who need regular blood transfusions, blood draws, repeated blood samples, frequent dressings, antibiotic treatments, or other IV treatments.

3. What’s the problem with TIVAD implantable ports?

TIVAD totally implanted ports are made of silicone mixed with barium sulfate, so they can be viewed on an X-ray. The problem is that barium sulfate can reduce the strength of silicone over time, which can cause the implanted ports to break or leak.

4. What are the specific issues with Angioflow Power Ports?

Lawsuits allege that the locking mechanism between the Angioflow Power Port and the catheter has been found to leak in many patients. The manufacturer was allegedly aware of a design defect in the Vortex port which caused a high incidence of failure of the locking mechanism that secures the catheter to the stem of the injection port.

5. What is catheter separation in TIVAD ports?

Due to the alleged defect, the Vortex port has an increased risk that the catheter will separate from the injection port, causing medication and administered fluids to leak into the tissue of the silicone injection port implantation site during blood transfusions.

6. What are BioFlo Port flex fatigue issues?

Catheter fractures occur mainly due to a reduction in durability due to constant flexing – also known as flex fatigue. When this happens, the catheter typically breaks into multiple pieces and is swept throughout the circulatory system, potentially reaching the heart and lungs.

7. Who is liable for TIVAD lawsuit claims?

In cases involving TIVAD injuries, it is usually the manufacturer who is held responsible. Lawsuits allege that manufacturers have failed to implement safety measures that could prevent degradation from occurring over time, possibly in an effort to maximize profits and reduce costs.

8. Can I sue if I have been injured by a TIVAD?

Yes, you can sue if you have been injured by a TIVAD. You will need to provide evidence linking your injuries to the defective device and demonstrate how it has impacted your health and life.

9. Do I need a lawyer for a TIVAD lawsuit?

It is highly recommended to consult a knowledgeable lawyer prior to filing a TIVAD lawsuit. These cases are typically considered product liability, and are incredibly difficult to litigate, requiring considerable experience to prevail successfully. A lawyer with experience in product liability cases can help perform all litigation on your behalf to ensure you receive maximum compensation.

10. How can I get help with my TIVAD lawsuit?

The Medical Device Litigation Group is an experienced team of trial lawyers that focus on the representation of plaintiffs in TIVAD lawsuits. They are handling individual litigation nationwide and currently accepting new potential injury and death cases on behalf of patients in all 50 states.

Get a Free TIVAD Lawsuit Evaluation With Our Lawyers

Time is limited to pursue legal action in TIVAD lawsuits, with statutes of limitations typically ranging from one to three years depending on your state. Don’t delay in seeking the justice and compensation you deserve.

Our services include:

• Free, confidential consultations
• No upfront costs or fees
• Payment only if we win your case

References

1. https://www.leadingjustice.net/product-liability-lawsuits/port-a-cath/
2. https://www.rwblawyers.com/practice-areas/implanted-ports
3. https://www.accessdata.fda.gov/cdrh_docs/pdf6/K062414.pdf