Port-A-Cath Injury Lawyers
If you have suffered an injury associated with an implanted port device – also known as a port-a-cath – Holman Schiavone, LLC, may be able to assist.
Implanted port installation is often utilized in patients who require ongoing access to a vein for treatment and/or transfusion. These devices may result in complex and unique injuries.
If you have suffered an injury due to an implanted port, you may be entitled to compensation. Our firm represent clients on a contingency fee basis, meaning there are no upfront costs, and you pay no legal fees unless we secure a verdict or settlement on your behalf.
Why Choose Us For Your Port Catheter Injury Case
At Holman Schiavone, LLC, our law firm is uniquely prepared to handle complex product liability claims involving medical devices. We are fierce negotiators and litigators and are unafraid to stand against large medical device manufacturers and their legal teams.
We are always prepared to take cases to trial if it means securing the best possible outcomes for our clients. Insurance defense lawyers know which attorneys are skilled litigators and are likely to take them to court if they do not offer a just settlement. By having our skilled representation by your side, you increase your chances of a fair and just settlement outside of court.
We are attorneys with the skills, resources, and experience to assess the short and long-term consequences of your injury, such as your medical bills, lost wages, and ongoing pain and suffering. We take the time to understand your case, including what effect your injuries have had on your life now and what impact they are likely to have in the future. This allows us to tailor our approach and fight for a settlement that is truly representative of your suffering. Whether your case requires negotiation of a fair settlement or fighting on your behalf at trial, we will aggressively pursue compensation for your needs now and in the future.
What Is A Port-A-Cath/Implanted Port?
A port-a-cath is an implanted device that makes it easier for a medical professional to access a patient’s veins. It consists of two parts:
- A catheter, a long tube that is inserted in your veins
- A port, connected to the end of the catheter and implanted beneath the skin
There are many types of ports that are used for various treatments, such as antibiotics, chemotherapy, intravenous fluids, or blood transfusions. They can also be used to take blood, to remove the need for needles. Ports can be left in for weeks, months, or even years, and patients can go to and from the hospital with them left in.
Port catheters can be beneficial because they allow medical professionals to easily inject fluids into the bloodstream without having to install an IV each time. They reduce the number of needles, allow for more than one treatment at a time and can enable treatments that last for more than a day.
Who Needs An Implanted Port?
An implanted port is often used in those individuals who because of their medical condition, require regular access to a vein for medication and/or therapy. The ports are most often implanted in patients diagnosed with cancer who require treatment therapy. Other uses include patients who require, on a regular basis:
- Blood transfusions
- Blood draws
- Antibiotic treatments
- Other IV treatments
Common Issues With Implanted Ports
Implanted ports can be subject to different types of failures, each which has the potential to cause serious injury. Some of the most common issues with implanted ports include catheter failure, infection, and catheter migration.
Catheter Fracture
When this occurs, all or part of the catheter may break off and migrate to other parts of the body, causing serious complications. This is most commonly due to a reduction in catheter durability due to constant flexing – also known as flex fatigue. When this happens, the catheter typically breaks into multiple pieces and migrates through the circulatory system. In cases where it gets swept into the heart, emergency heart surgery may be required to remove the fragments. Additionally, this puts patients at a higher risk of a pulmonary embolism – a blockage in lung arteries that can cause significant permanent damage to a patient’s’ lungs.
Long-Term Risk Of Infection
As the catheter has a reduction in durability, it is possible for bacteria and other pathogens to permeate through the catheter. Often, holes and cracks in the catheter allow pathogens to slip through – but are often too small for the body’s immune cells to pass through. This can result in severe infections.
What Happens If A Port Gets Infected?
If a port becomes infected, then the area around the port is likely to become swollen and painful; it may also cause a high temperature and a faint, breathless or dizzy feeling. An infection could be treated with antibiotics, or the line may have to be removed.
In serious cases, septicemia could lead to sepsis, a serious infection that could lead to blood clots and even organ failure. Sepsis is a medical emergency and requires fast action.
Infection is sometimes caused by a product defect. If this is the case, then you should pursue seeking compensation with the help of a personal injury lawyer.
Blocked Line
Sometimes a catheter can become partly or completely clogged, which will make treatment very difficult. This too can be caused by a defect in the medical device.
Dangers Of Catheter Migration/Dislodgement
Similar to catheter fracture, a catheter has the potential to simply dislodge from the implanted port device and migrate to other parts of the body. Catheter migration and dislodgement are serious complications associated with port catheter devices. Cases involving migration and dislodgement are rare but can be the result of catheter malfunction because of a defective port catheter device.
Sometimes, the catheter can become dislodged from the port, causing it to migrate through the bloodstream to other parts of the body. A migrated catheter can cause serious injury and may even travel to vital organs, requiring immediate surgery.
Quick detection and skilled surgical techniques could prevent serious complications. However, if not detected quickly or if a catheter becomes lodged in vital organs, then serious injury and, in the worst cases, death can occur.
Even if the catheter is removed quickly, it still requires additional surgery, leading to unnecessary pain and suffering. Regardless of the extent of your injuries, you should contact a product liability lawyer who can assess your case. Port catheters should not become dislodged and migrate when used for their intended purpose.
Why Does Catheter Migration Occur?
Catheter migration can occur for different reasons, including improper installation or catheter placement. However, at times, the manufacturer of the port-a-cath device may be liable for catheter dislodgement and migration.
Catheter dislodgement and subsequent migration can occur because of device malfunction as a result of a defective device. For example, most port catheters have a cuff to firmly secure the catheter to the port and to the patient’s tissue. Some manufacturers have not implemented a cuff that secures to tissue, meaning they are more easily dislodged.
What Is Catheter Fracture And Migration?
Another possible complication from a defective central venous catheter is a catheter fracture caused by the degradation of the device. Fractures can lead to fragments of the catheter migrating through the bloodstream.
If a catheter fragment migrates and finds its way to vital organs, then it can cause serious injury and death. It can also cause damage to blood vessels or blood clots that can lead to pulmonary embolism or blocked arteries. In addition, when a catheter has fractured, it creates a breeding ground for infection-causing bacteria.
A fracture can make catheter removal a complicated procedure and often requires invasive surgery.
How IVC Filters Can Migrate
An IVC filter is a medical device that is implanted into the consumer’s inferior vena cava vein, which is a vein that transports blood from the leg up to the lungs and heart. IVC filters are used to prevent blood clots from traveling up this vein into the lungs, where it could cause a pulmonary embolism, which could be fatal.
IVC filters have been known to fracture and migrate. They are designed to be a temporary solution, so the more stress it is put through, the more likely it is to fracture and migrate. It is surrounded by organs and tissues that can push on the device, leading to degradation
Potential Injuries From An Implanted Port
Catheter migration, dislodgement, infection and fractures can lead to serious injuries. Some of the injuries that result from defective implanted port devices include:
Damage To The Heart
When a catheter migrates, it can cause serious complications depending on where it ends up; because of how blood flows, it commonly migrates to the heart, where it can cause:
- Internal bleeding
- Heart attack
- Torn veins that lead to and from the heart
- Cardiac tamponade
These problems require immediate and life-saving surgery to correct.
Cardiac Tamponade
Cardiac tamponade is a rare but fatal complication that happens when a catheter tip perforates the heart; this is usually caused by catheter dislodgement and migration.
If you have lost a loved one because of a defective port catheter device, then you may be owed compensation in a wrongful death lawsuit.
Catheter Infection
The most common complication from catheter devices is infection. Infections range in severity, causing redness, swelling, fever, and breathlessness. Minor cases can be treated with antibiotics, but more serious cases require device removal and could cause sepsis, a fatal infection.
Although infection can happen for a number of reasons, catheter fractures can cause bacteria to build up, leading to preventable infection and injury.
Pneumothorax
Pneumothorax occurs when air leaks in the space between the chest and lung, causing it to collapse. This injury could also be a sign of a defective device.
Pulmonary Embolism And Blood Clots Caused By Port Catheters
Some of the most severe complications of a port catheter device are blood clots and pulmonary embolism. These conditions are potentially life-threatening and require immediate medical attention. Blood clots and pulmonary embolisms may be a result of a faulty port catheter.
What Is A Pulmonary Embolism?
A pulmonary embolism occurs when a blood clot causes a blockage in an artery in the lung. Blood clots commonly come from the legs; they can also come from other parts of the body. A pulmonary embolism is a life-threatening condition and must be treated quickly.
Once the high-risk period is over, which is usually around a week, the blood clots in the lung require months or even years to resolve. It may be common for people to develop pulmonary hypertension as a result which has life-long implications, including exercise intolerance, shortness of breath, and low energy.
Signs of pulmonary embolism include chest pain, rapid or irregular heartbeat, fever, lightheadedness, shortness of breath, and clammy skin. If you have any concerns, then you should contact a medical professional immediately.
Unfortunately, consumers of port catheter devices may be at higher risk of pulmonary embolism, due to the formation of blood clots. The risk is especially high if a defective or faulty device is used.
What Is Catheter-Related Thrombosis?
Deep vein thrombosis (VTE), also known as venous thromboembolism, or deep venous thrombosis, can occur where the catheter is placed. The condition occurs when a blood clot forms in the deep veins, usually in the lower leg. A pulmonary embolism occurs when part of the clot breaks away and travels to the lungs. Thrombotic complications from a catheter are risk factors for pulmonary embolism and require quick medical attention.
How Can A Defective Catheter Device Cause Blood Clots?
The catheter must be robust to be safe for consumers. Unfortunately, in recent years there has been an increase in reports of device failure. Device failure occurs when the catheter begins to degrade and fracture. These fractured pieces break loose and enter the bloodstream. The foreign bodies irritate the vein wall and can trigger an immune response which leads to blood clots. These blood clots can then travel to vital organs and have the potential to cause serious internal injury.
Additionally, catheter migration or fracture can cause irritation to the vein wall, leading to blood clots. While some can be treated easily, other times, the device must be removed, especially if the device is defective.
Who Is Liable For Port Cath Injuries?
In cases involving implanted port injuries and issues, it is often the manufacturer who may be held liable for injuries that occur. In many instances, manufacturers have failed to implement safety measures that could prevent injury.
Proving Liability
If you or someone you love has been injured by a defective port catheter device, then the product manufacturer may be responsible for paying your damages. In order to secure compensation on your behalf successfully, your port catheter injury attorney will need to prove that the medical device manufacturer behaved negligently. In simple terms, negligent behavior is behavior that is different from how a reasonable corporation would act in similar circumstances. It is reasonable to expect a catheter manufacturer to reinforce their products and ensure that they are safe for their intended use.
Duty Of Care
The first step is proving that the manufacturer owed you a duty of care. All medical device manufacturers owe a high duty of care to their consumers and must ensure that their products are safe.
Breach Of Duty
The next step is proving that the manufacturer broke their duty of care, meaning that they deviated from standard practice or did not take reasonable measures to keep their consumers safe from harm.
One example could be if a manufacturer was made aware of consumer injuries and failed to properly investigate and protect future consumers.
Proximate Cause
The next step involves establishing what injuries resulted from the defective product. Consumers of port catheters will have a pre-existing condition, making this step difficult to prove. Your attorney may draw upon expert testimony to evidence your claims.
Damages
Finally, your attorney will investigate what damages resulted from your injuries, such as medical bills, lost wages, and pain and suffering. They will use this to determine a settlement figure before negotiating it with the liable party.
How Much Is A Catheter Injury Lawsuit Worth?
The amount of compensation victims receive in a catheter injury lawsuit varies widely and depends on factors such as the severity of their injuries and the quality of their representation.
At Holman Schiavone, LLC, we are committed to securing maximum compensation for our clients. We do that by ensuring we understand both your past and future damages and what emotional impact your injuries have had on your life. Our personalized approach allows us to fight for a settlement that is difficult to argue with.
Potential damages victims can claim with the help of a catheter injury attorney include:
Pain And Suffering
Pain and suffering is the legal term for your non-economic damages. After suffering a preventable injury, you are likely to experience a lot of emotional distress and physical pain. Another example is loss of enjoyment; if you are no longer able to live life the way you did before your injury, then this is a non-economic loss.
Pain and suffering damages are tricky to calculate and are often highly contentious. It is important that you have a catheter injury attorney who takes the time to understand your circumstances so that they can build a robust case and secure the compensation you deserve.
Medical Expenses
After a port catheter injury, the highest economic cost is often medical expenses. If the injuries require ongoing or complex treatment, then costs can quickly exceed the limits of most health insurance policies.
Product liability claims should include compensation for all the medical expenses that result. That includes the cost of past expenses, as well as the estimated cost of future expenses. As victims of defective medical devices, you may have already been facing high medical costs, which can make proving your avoidable costs challenging. Therefore, it is important that your representation is well-versed in product liability involving medical equipment.
Any costs relating to your treatment should also be considered. You should keep a record of any transport costs, child care costs, and any alterations to your home to cater to your care.
Lost Wages
After suffering an injury because of someone else’s negligence, you are likely to experience mounting bills, which is made worse by the fact that you will need to take time away from work. If missing work has resulted in lost wages, then you should be compensated for this. Furthermore, if your injuries are long-lasting and you are unlikely to return to work in the same capacity, then you should also be compensated for future lost earnings.
Losing A Family Member After A Catheter Injury
If you have lost a loved one because of a preventable catheter injury, then you should seek compensation in a wrongful death lawsuit. You may be owed compensation for both your emotional suffering and your economic losses, such as funeral expenses and loss of income to a family household.
Grieving for a loved one after the negligent actions of a medical device manufacturer is traumatic, and fighting a legal battle may be the last thing on your mind. However, at Holman Schiavone, LLC, we will fight your case on your behalf and will fight fiercely to ensure that you don’t have to suffer financially.
Do You Need A Lawyer To Pursue Compensation For A Missouri Port Catheter Injury?
Although you may be able to pursue compensation without a personal injury lawyer, it is not recommended. These cases require a considerable amount of evidence to succeed, and the skills and experience of an attorney will prove invaluable.
Pursuing a case on your own can be an incredibly stressful experience, and it is essential that you can focus on your recovery. Often victims who do have representation end up with a higher settlement, even when legal fees are considered.
Lawsuits against large medical manufacturers or insurance companies are often intimidating. They will have large legal teams with a wealth of resources to protect their own interests. They will do anything they can to limit their liability or devalue your claim. Your attorney will help level the playing field and ensure that you have equally strong legal resources.
Your attorney will file legal paperwork, collect evidence, evaluate your damages, provide formal legal advice, liaise with insurance companies, and will fight your case in court if necessary.
Contact Us Today
If you or a loved one has suffered an injury due to a failed implanted port or port-a-cath device, please contact us immediately to discuss your case.
To discuss the circumstances of your case, call our implanted port injury attorneys at 816-399-5149. You can also reach out to us via our online contact form to schedule a free consultation with us today to see if we can help.