Judge Denied Summary Judgment in Catheter Litigation
A federal court rejected a request from medical device makers to dismiss claims over allegedly defective port catheters.
Updated on Sept. 28, 2026 in Healthcare
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A federal judge in Arizona has denied a motion for summary judgment filed by Becton Dickinson and C.R. Bard in a case involving alleged defects in implanted port catheters. The ruling allows the litigation, which includes claims brought under Florida law by plaintiff May Lattanzio, to proceed to trial.
Why it matters
The denial of this motion prevents the case from being dismissed on grounds that the claims were time-barred. This decision clears the way for the judicial process to move forward with a bellwether trial, which will help shape the direction of broader consolidated litigation.
This case is part of a consolidated litigation pool involving numerous port catheter claims. A bellwether trial is currently slated to begin in October 2026.
The players
David G. Campbell
He is a federal judge serving in the US District Court for the District of Arizona.
Becton Dickinson
This is a global medical technology company that develops and manufactures medical devices.
C.R. Bard
This is a medical device manufacturer that was acquired by Becton Dickinson in 2017.
May Lattanzio
She is the plaintiff who filed the lawsuit against the medical device companies under Florida law.
The details
Judge David G. Campbell issued the ruling in the US District Court for the District of Arizona on September 25. The court explicitly rejected the argument from Becton Dickinson and C.R. Bard that the claims were time-barred, ensuring the legal battle over the design of the medical devices continues.
Timeline
September 25, 2026: Judge David G. Campbell denied the motion for summary judgment.
October 2026: The court scheduled the start of the bellwether trial.
Market Landscape
This case follows the procedural pattern established by the Bard IVC filter consolidated litigation regarding the use of bellwether trials to manage large-scale medical device claims. The outcome of this trial will likely influence how the industry and legal teams approach subsequent settlement negotiations.
Patients who have been implanted with these devices may monitor the outcome of this bellwether trial as it could impact future legal options. The ruling reinforces that manufacturers remain subject to oversight and potential liability regarding the design specifications of their medical products.
The takeaway
This ruling highlights the high bar manufacturers face when attempting to dismiss product liability claims on procedural grounds. Patients impacted by medical device failures should remain informed about their legal rights and the status of ongoing class or consolidated litigation.
What happens next
The bellwether trial is scheduled to begin in October 2026.
Further reading
For more background on legal proceedings involving medical devices, visit the Healthcare section.
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