TIVAD Lawsuit Lawyers - Ethen Ostroff Law

TIVAD (Totally Implanted Venous Access Device) has become a topic of significant concern recently, especially in medical product liability lawsuits. TIVADs, commonly known as TIVAD ports, Port-a-Caths, or mediports, are small devices implanted under the skin to provide direct access to a major vein. While these devices were developed to simplify the administration of medication directly to veins in a person’s body, they have unfortunately led to a wave of injuries and subsequent lawsuits. Individuals and their families have filed lawsuits for defective TIVAD ports prone to breakage. They claim that when the defective ports break, they can leak medication into a person’s body, causing infections and other health complications. At Ethen Ostroff Law, we examine TIVADs, the issues surrounding these devices, the risks they pose, TIVAD lawsuits, and how our TIVAD lawsuit lawyers can help affected individuals maximize their chances of a successful outcome and get the justice and compensation they deserve.

What is TIVAD?

A TIVAD, or Totally Implanted Venous Access Device, is a medical implant surgically placed under the skin, usually in the chest area. Its main purpose is to give healthcare providers easy, long-term access to a patient’s bloodstream. This access is invaluable for various medical treatments, including blood draws, chemotherapy, and intravenous medications, minimizing the need for multiple needle sticks. TIVADs are also known as “Totally Implanted Ports,” Port-a-caths, Mediport, or chemo ports.

How does a TIVAD work?

A TIVAD is a small, flexible tube inserted into a large vein in the body. One end of TIVAD is inserted through a vein just above the heart. The other end is connected to an injection port beneath the skin in the upper arm or chest. TIVAD is accessed to inject medications or other treatments by inserting a non-coring needle into the injection port through the skin. The needle is removed after the treatment, and the injection port is covered with a sterile dressing.

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What are the commonly used TIVADs?

Commonly used TIVADs are:

  • Bard PowerPort Implantable Port 
  • BioFlo Port by Angioflow 
  • Dignity Low Profile CT Ports 
  • Duo Power Port by Bard 
  • Medcomp 
  • Navilyst/Angiodynamics 
  • Palpation Points 
  • Power Port by Bard 
  • Vortex Port by Angioflow 
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Who uses TIVADs?

TIVADs are typically used by:

  • Cancer patients who need long-term chemotherapy treatments 
  • Patients with veins that are hard to access repeatedly 
  • Patients who are experiencing painful veins as a result of intravenous chemotherapy

    Patients who need: 
  • Antibiotic treatments 
  • Blood drawn from a big vein or smaller veins 
  • Blood transfusions  
  • Frequent dressings 
  • Parenteral nutrition 
  • Repeated blood samples 
  • Other IV treatments 

What are the advantages of TIVADs?

There are many advantages to having a completely implanted port rather than a traditional port. For example:

  • Patients with TIVADs can go swimming if they want to exercise. 
  • TIVADs are completely subcutaneous. 
  • TIVADs are capable of delivering medications into larger veins. This is especially beneficial for chemotherapy drugs, which can cause irritation and pain in small veins. 
  • TIVADS do not require frequent dressings or medical care. 

What's the issue with TIVADs?

Investigations are underway in preparation for lawsuits against TIVAD port manufacturers for potentially defective port-a-cath product manufacturing and false representations. TIVAD implants use a port and a silicone catheter that are implanted directly into the patient’s vascular system. However, it has been reported that these silicone catheters degrade in the body over time, causing fragments of the device to fracture and migrate to other parts of the body. 

What are the common defects of TIVADs?

Defective TIVAD ports can cause serious injuries or even death. Here are some of the common defects of TIVADs:

  • Cracking and breaking: Another common TIVAD flaw is cracking or breaking during implantation, which can result in medication leaking out of the device. 
  • Defective design in materials: One TIVAD flaw is caused by the materials used in some devices. Vortex Port, a well-known TIVAD, is made of barium sulfate and silicone. Unfortunately, over time, barium sulfate can degrade silicone, causing it to break or leak. 
  • Defective locking mechanism: The locking mechanism in TIVAD ports regulates the rate and amount of medication released. However, some ports have a defective locking mechanism that allows the medication to flow into the body uncontrolled. 
  • Migration: If the TIVAD breaks, pieces of it can migrate to different parts of the body, causing puncture or damage to the organs they come into contact with, seriously injuring the patient. 

Are there any TIVAD ports that have been recalled?

Yes Here are a couple of examples: 

  • Cook Medical issued an Urgent Medical Device Recall in November 2017 after discovering that 31,000 Vital-Port Vascular Access Systems could leak medications or cause life-threatening injuries. The issue is that a needle provided with the Vital-Port may accidentally cut a piece of silicone out of the Vital-Port septum during implantation.
  • Cook Medical issued a Class II recall in March 2018 for approximately 31,000 Vital-Port Vascular Access Systems due to the risk of medication leakage. According to an Urgent Medical Device Recall, the risk was that a needle included with the Vital-Port could cut out a piece of silicone during the implantation procedure. The silicone could embolize and enter the patient’s bloodstream. Furthermore, medications may leak from the port, resulting in insufficient medication delivery and potential injury to the surrounding tissues.
  • Bard Peripheral Vascular Inc. issued a Class II recall for Power Port Duo M.R.I. Implantable Ports in March 2021 due to the possibility of the catheter breaking. The recall warns that catheters may have difficulty flushing, infusing, and/or aspirating, as well as septum dislodgements.
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What are the common TIVAD complications and injuries?

While TIVADs have undoubtedly simplified medical procedures, they have not been without their share of issues. Complications and injuries associated with these devices include:

  • Blood clots (Embolization) 
  • Breakage of the TIVAD device 
  • Cancer advancement 
  • Cardiac arrhythmia 
  • Cardiac/pericardial tamponade 
  • Death 
  • Erosion of the TIVAD through the skin 
  • Hemorrhage  
  • Infection 
  • Internal bleeding 
  • Leak medications and fluids into the body 
  • Necrosis 
  • Perforation of blood vessels, organs, or tissue 
  • Removal surgery 
  • Sepsis 
  • Septum dislodgements 
  • Severe and persistent pain 
  • Wound coming apart 

Who are those affected by TIVAD complications and injuries?

The individuals affected by TIVAD complications represent a diverse group, ranging from cancer patients relying on TIVADs for chemotherapy to patients with chronic illnesses requiring frequent medical interventions. This widespread usage has sadly led to a broad spectrum of people facing similar challenges due to TIVAD-related issues.

What is a TIVAD lawsuit?

A TIVAD lawsuit is a legal action taken by individuals who have experienced complications, injuries, or adverse effects due to defective TIVADs. They seek compensation for medical expenses, lost wages, pain and suffering, and other damages caused by the complications related to their TIVAD device. The lawsuits typically target the manufacturers or other parties involved in the design, production, or distribution of the TIVADs. They aim to hold responsible parties accountable for the harm caused and secure financial compensation for the victims.

There are TIVAD class action lawsuits. However, most TIVAD lawsuits are individual lawsuits. The first TIVAD lawsuit was filed by the family 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 patient had an AngioDynamics Vortex Port implanted for chemotherapy at Texas Children’s Hospital in Houston in June 2019. 

What are the claims in the TIVAD lawsuits?

TIVAD lawsuits commonly revolve around these critical legal claims:

  • Product liability: This claim holds manufacturers accountable for defective TIVAD devices. It argues that the device had inherent flaws, causing harm due to design or manufacturing defects. Manufacturers are liable if they don’t meet safety standards or fail to warn about potential risks.
  • Medical negligence: Medical negligence alleges healthcare providers didn’t meet standard care levels when managing TIVADs. This claim arises if practitioners don’t follow established protocols, leading to patient suffering and additional complications.
  • Failure to warn: This claim contends that manufacturers didn’t adequately inform patients and healthcare providers about TIVAD risks. The plaintiffs argue that a lack of proper warnings denied them the chance to make informed decisions about their treatment, contributing to complications.
  • Breach of warranty: This centers on the breach of implied or express warranties tied to TIVADs. If the device fails to meet these guarantees and causes harm, plaintiffs can file this claim.
  • Wrongful death: In cases of TIVAD-related deaths, surviving family members can file a wrongful death claim. This claim seeks compensation for loss of companionship, financial support, and emotional distress due to the deceased’s untimely passing. 

Who is liable in the TIVAD lawsuits?

In TIVAD injury cases, the manufacturer is usually held liable for any serious injuries that occur. TIVAD catheters are made of silicone and polyurethane with no additional reinforcements or additives for durability. There are many types of completely safe coatings and additives that can be used to reinforce catheters or prevent degradation over time. However, manufacturers have failed to implement these safety measures just to maximize profits and reduce costs. They may have been negligent in their duty and held fully accountable for their actions. TIVAD manufacturers such as AngioDynamics, Bard PowerPort, and Cook Medical, among others, were named as defendants in these TIVAD lawsuits.

What are the potential damages and compensation in TIVAD lawsuits?

Filing a TIVAD lawsuit is a crucial step toward justice and financial recovery. A successful lawsuit can provide compensation for:

  • Medical bills (past and future) 
  • Lost wages 
  • Pain and suffering 

Who can file a TIVAD lawsuit?

Patients who have suffered life-changing injuries or people who lost a loved one due to a broken or leaking TIVAD are eligible for a TIVAD lawsuit. Eligibility can depend on many factors, including:

  • Product liability 
  • TIVAD defects 
  • TIVAD implantation 
  • TIVAD malfunction 
  • TIVAD Injury or loss 
Tivad Lawsuits 2023

How do you file a TIVAD lawsuit?

Pursuing a legal action not only holds the responsible parties accountable but also provides TIVAD victims with the opportunity to obtain financial compensation, facilitating their recovery and offering a sense of justice. However, filing a TIVAD lawsuit involves several steps. Here’s a guide on how to proceed:

  • Look for a TIVAD lawsuit lawyer. Research their experience and client reviews. 
  • Schedule a meeting with the lawyer. Provide your medical records and details about your complications. 
  • The lawyer will assess your TIVAD case to determine its viability. 
  • If you have a case, your lawyer will file a TIVAD lawsuit against the responsible party. 
  • Your lawyer will handle the legal proceedings, collecting evidence, and building your case. 
  • Your lawyer will negotiate a settlement. If no agreement is reached, your TIVAD lawsuit will go to trial. 
  • If successful, you will get compensation for your medical expenses, suffering, and other damages. 

What are the success factors in TIVAD lawsuit?

Several critical factors influence the outcome of TIVAD lawsuit 2023:

  • Medical documentation. Thorough medical records detailing the adverse effects of the TIVAD implants are crucial evidence. 
  • Expert testimonies. Expert witnesses can provide professional opinions on the implant’s defects and their impact on your health. 
  • Timely filing. Following the statute of limitations is critical. Consult a TIVAD lawsuit lawyer promptly to ensure your case is within the legal timeframe. 
  • Manufacturer’s liability. Establishing the manufacturer’s liability is central to the case. Your attorney will investigate product defects, manufacturing processes, and prior knowledge of potential issues. 
  • Negotiation skills. A skilled TIVAD lawsuit lawyer can negotiate effectively, aiming for a fair settlement that covers medical expenses, lost wages, pain, and suffering.

Do you need a TIVAD lawsuit lawyer?

Yes. Before filing a TIVAD lawsuit, consult a lawyer who specializes in product liability cases. These lawsuits are difficult to litigate, requiring considerable experience to win. Suing big pharmaceutical companies can also be intimidating, as many of them have extensive legal teams with massive resources to protect their interests. Hiring a TIVAD lawsuit lawyer can help you level the playing field. Your lawyer can provide equally strong representation in your case, increasing your chances of winning and getting maximum compensation for your injuries.

How much does a TIVAD lawsuit lawyer cost?

At Ethen Ostroff Law, our TIVAD lawsuit lawyers do not require upfront payment. We provide free consultations and only require payment if your case is successfully resolved. 

What is the statute of limitations for a TIVAD lawsuit?

The statute of limitations for a TIVAD lawsuit differs by state and depends on the type of claim filed. In some states, personal injury cases have a statute of limitations lasting two years. However, the countdown might commence only upon the discovery of the harm or injury. In Pennsylvania, it is two years. Consult a TIVAD lawsuit lawyer to determine the statute of limitations for your specific case.

TIVAD Lawsuit Lawyers at Ethen Ostroff Law

If you or someone you love has been seriously injured or has died due to a defective TIVAD, it is essential to choose a legal team experienced in medical device litigation. At Ethen Ostroff Law, we pride ourselves on our extensive experience handling complicated cases like TIVAD lawsuits. Our TIVAD lawsuit lawyers understand the intricacies of these cases, from the medical complexities to the legal nuances. We offer personalized attention, transparent communication, and unwavering support throughout your legal journey to secure the compensation and justice you deserve. 

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