Judge Permits Nurse Testimony in Bard PowerPort Case
A federal judge ruled that an oncology nurse may testify about patient pain in a lawsuit involving Bard implanted ports.
Updated on Oct. 20, 2026 in Nursing Jobs
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A judge in the U.S. District Court for the District of Arizona ruled that an oncology certified nurse may serve as an expert witness in the Bard PowerPort litigation. The court determined the witness is qualified to testify that pain is common among cancer patients receiving the device.
Why it matters
The ruling allows defense experts to provide clinical perspectives on patient experiences, which is a significant development in the bellwether lawsuit. This decision establishes that nurses with specific clinical credentials can provide expert analysis regarding patient pain in complex medical product litigation.
The expert witness, Keilye Pampillonia, brings 12 years of clinical experience to the litigation. The court deemed her specialized knowledge sufficient to testify on patient pain commonality.
The players
David Campbell
He is a judge for the U.S. District Court for the District of Arizona who is overseeing the ongoing Bard PowerPort litigation.
Keilye Pampillonia
She is an oncology certified nurse with 12 years of clinical experience retained as an expert witness by C.R. Bard.
Judy Hicks
She is the plaintiff in the lawsuit who received a Bard implanted port catheter for her chemotherapy treatments.
C.R. Bard
This company is a medical technology manufacturer facing litigation over its implanted port catheter devices.
The details
Judge David Campbell denied a motion from the plaintiff, Judy Hicks, to exclude the testimony from the C.R. Bard expert witness. The court concluded that Pampillonia's background in oncology nursing provided the necessary competence to opine on the pain levels associated with the chemotherapy port.
Timeline
Oct. 20, 2026: Judge David Campbell issued the order allowing the expert testimony.
Market Landscape
This ruling follows the standards set by the Daubert framework for determining the reliability and admissibility of expert testimony in federal court. By validating the expertise of nursing professionals in high-stakes litigation, this decision impacts how medical device manufacturers defend their products against complex liability claims.
The inclusion of clinical nurse testimony may influence how juries perceive patient pain in future medical device lawsuits. Patients involved in similar litigation should monitor how these expert interpretations affect court proceedings and potential settlement outcomes.
The takeaway
Expert testimony from qualified clinical professionals is increasingly central to defending medical product liability claims in court. Attorneys and health professionals should note the high evidentiary bar required for nursing experts to provide specific clinical opinions on patient experiences.
Further reading
For more on industry standards, visit the Nursing Jobs section.
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Should courts strictly limit expert testimony about patient symptoms in medical device injury lawsuits?
