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Bard Inc. Sheds Punitive Claims in Suit Over Implanted Port

March 1, 2022, 7:52 PM

A Nebraska woman suing C.R. Bard Inc. and affiliated companies over an allegedly flawed medical port is barred from seeking punitive damages, following a federal court ruling that Nebraska law—which prohibits punishment damages—applies to her case.

Nebraska law has the most significant relationship to this litigation, the U.S. District Court for the District of Nebraska said Monday.

It rejected Kyla Gorji’s request to apply the law of New Jersey or Utah, where Bard and Bard Access Systems Inc., respectively, are incorporated, and which allow punitive damages. The companies are units of defendant Becton Dickinson and Co.

Gorji had a Bard ...