bair hugger lawsuit Updates
Bair Hugger Study Highlights Filter Maintenance for Devices
A recent study in Infection Control & Hospital Epidemiology emphasized the need to follow filter replacement guidelines for Bair Hugger warming blanket devices. The research found that devices with overused filters may increase the risk of surgical site infections (SSIs). The manufacturer recommends replacing the HEPA filter every 500 hours of use or annually, whichever comes first. Proper adherence to these guidelines is critical for minimizing potential risks and ensuring patient safety during surgical procedures.
A potential enemy within the operating roomScheduled Deadlines Set for 3M Bair Hugger MDL Trials
Plaintiffs, defendants, and judges have established key deadlines for three test trials in the ongoing multidistrict litigation (MDL) against 3M, concerning its Bair Hugger forced warming device. According to the court’s scheduling order, the deadline for expert depositions is December 2, 2024. Both parties are expected to be prepared for trial by March 3, 2025. These upcoming March trials, known as bellwether trials, will serve as indicators for other plaintiffs involved in the MDL. Lawsuits continue to be filed due to injuries caused by the use of Bair Hugger warming blankets during surgery.
Bair Hugger Cases Increase
The number of plaintiffs in the MDL Bair Hugger Liability Litigation has increased from 6,858 on June 1 to 7,187 on July 1.
Missouri Appeals Court Upholds Defense Verdict
A Missouri appeals court has upheld a defense verdict in a case where a woman claims that 3M Co.’s Bair Hugger patient warming system was defectively designed and caused her postoperative infection. The plaintiff underwent knee surgery in November 2016, developed an infection, and had a second surgery in January 2017. She sued 3M for negligent and defective design, manufacturing, and marketing, claiming the device contaminated the air and led to her infection. A jury ruled in favor of 3M, and her motion for a new trial was denied. On appeal, the plaintiff argued that the trial court improperly limited her cross-examination of 3M’s expert witnesses, claiming this restriction hindered her ability to challenge their credibility.
About the 3M Bair Hugger Lawsuit
Individuals harmed by Bair Hugger surgical warming blankets may Pre-qualify for compensation.
Thousands of people who suffered from a severe infection after using the Bair Hugger forced-air warming system have filed lawsuits against 3M, alleging that the device spreads bacteria and causes life-threatening infections.
What are Bair Hugger Warming Blankets?
Bair Hugger warming blankets work like high-tech electric blankets for the operating room.
Doctors use these warming blankets during surgeries to help maintain a patient's body temperature. The device uses a portable heater/blower unit that forces warm air through a flexible hose into a disposable blanket draped over the patient.
3M subsidiary, Arizant Healthcare, has been manufacturing the Bair Hugger system for hospitals across the United States for over three decades. Healthcare officials have estimated that over 80% of U.S. hospitals rely on Bair Hugger for temperature management during surgical procedures.
Bair Hugger Blanket Risk: Why This Device Is Potentially Dangerous
Recent studies suggest that Bair Hugger blankets may disrupt the carefully controlled airflow in operating rooms, potentially causing bacteria and contaminants from the floor to enter the surgical site.
This risk is particularly concerning for patients undergoing hip and knee replacement surgeries.
The design of the Bair Hugger system allows warm air to escape and circulate under the surgical table, picking up bacteria and depositing it onto the patient. In joint replacement surgeries, metal implants can exacerbate the spread of infection.
3M Bair Hugger Damages
Bair Hugger litigants have developed the following medical complications, requiring painful and costly additional surgeries, prolonged antibiotic treatment, and extended rehabilitation.
- Periprosthetic joint infection (PJI) following surgery.
- Sepsis and septicemia resulting from severe post-surgical infections.
- Osteomyelitis (bone infection) is a complication of deep joint infections.
- Necrotizing fasciitis (flesh-eating disease) in rare cases of severe infection.
- Revision surgeries, debridement, and implant removal required to treat infections.
- Prolonged intravenous antibiotic therapy and extended rehabilitation due to infections.
- Amputation or permanent musculoskeletal disability resulting from uncontrolled infections.
- Chronic pain, functional limitations, and reduced quality of life caused by infections.
Some plaintiffs even faced amputation or permanent disability.
Bair Hugger Class Action Litigation
Thousands of individuals who suffered severe infections after surgeries involving defective Bair Hugger devices have filed lawsuits against 3M and Arizant Healthcare.
Products Liability Claims
The class plaintiffs allege that the manufacturers knew the device's risks but failed to warn patients and healthcare providers adequately.
In 2015, the U.S. Judicial Panel on Multidistrict Litigation consolidated all federally filed Bair Hugger lawsuits into a multidistrict litigation (MDL) in the District of Minnesota. At its peak, the MDL included over 5,000 cases.
Lawsuit Reactivated
Although the lower courts initially dismissed the MDL in 2019, the 8th Circuit Court of Appeals reinstated the litigation in August 2021, finding that the plaintiffs' scientific evidence was sufficient to proceed.
The U.S. Supreme Court denied 3M's appeal, allowing the lawsuits to proceed. As of 2024, plaintiffs continue to file new cases as affected patients seek justice.
Did The Manufacturer Know About This Problem?
Plaintiffs in the Bair Hugger litigation allege causation and liability by pointing to multiple studies and expert opinions that support the link between Bair Hugger use and increased infection risk.
A key piece of evidence arises in a 2009 internal email from the Bair Hugger's inventor, Dr. Scott Augustine, warning 3M about the device's potential to spread bacteria. Plaintiffs argue that 3M disregarded these concerns and continued to market the device as safe.
3M has countered allegations by maintaining the Bair Hugger is safe and effective, citing numerous studies that found no increased risk of infection. The company claims Dr. Augustine's warnings were baseless and motivated by a desire to promote his competing device.
FDA Involvement and 3M's Response
The U.S. Food and Drug Administration (FDA) has been aware of the potential link between Bair Hugger devices and surgical site infections since at least 2013. The Agency received hundreds of adverse event reports, including some describing patient deaths related to the use of Bair Hugger.
Affirmation and Warning
In August 2017, the FDA issued a letter to healthcare providers acknowledging the infection concerns but ultimately recommending the continued use of Bair Hugger devices. The Agency stated that it had reviewed available data and concluded that the benefits of patient warming devices outweighed the potential risks.
Rebuttal Arguments
3M has used the FDA's position to support its defense, arguing that the Agency's findings validate the safety of Bair Hugger. However, critics argue that the FDA's review was inadequate and relied heavily on studies funded by 3M.
Manufacturer Recall
In January 2018, 3M recalled 165,000 Bair Hugger blankets due to a design defect that could prevent proper warming. However, this recall was unrelated to the alleged infection risks at the center of the lawsuits.
Who May Pre-Qualify for a Bair Hugger Warming Blanket Lawsuit?
You may be eligible to join the 3M Bair Hugger lawsuit if you:
- Underwent surgery involving the use of a Bair Hugger forced-air warming system.
- Developed a severe infection, particularly a deep joint infection, within 60 days after the surgery.
- Required additional medical treatment, surgery, or hospitalization due to an infection.
If you meet the above requirements, you may be entitled to compensation. We encourage you to seek legal advice to determine your eligibility. Various factors impact eligibility and all cases are unique.
Hip and knee replacement surgeries carry the highest risk of Bair Hugger-related infections, but patients who underwent other procedures may also have cases.
Potential Compensation in Bair Hugger Lawsuits
Patients harmed by defective Bair Hugger devices may be entitled to compensation for:
- Medical expenses related to the treatment of infections.
- Lost wages and reduced earning capacity.
- Pain, suffering, and diminished quality of life.
- Disability or disfigurement.
- Loss of consortium for affected spouses.
Some similar medical device lawsuits have resulted in significant settlements and jury awards, including a $2.5 billion settlement in 2013 where DePuy Orthopaedics agreed to pay lawsuits over its defective ASR hip implants.
How OnlyClassAction Can Help
OnlyClassAction (OCA) specializes in helping consumers determine if they may pre-qualify for Bair Hugger litigation or other class action lawsuits.
When you inquire about the Bair Hugger lawsuit through our platform, our unique pre-qualification process will help you evaluate your eligibility for this class action and other ongoing litigations based on your case facts, ensuring you take advantage of all potential opportunities for compensation.
We also keep you informed by offering real-time updates on Bair Hugger litigation and settlements, keeping you in the loop every step of the way.
As new lawsuits emerge, we can notify you via SMS and email if you may pre-qualify so you can take action and hold negligent companies accountable for the harm they've caused.
Become part of our OCA Bair Hugger community, where you can share your experience, voice your concerns, and ask questions. We'll make sure others hear your voice and support you throughout the legal process.
If you believe a Bair Hugger device has harmed you, sign up for Bair Hugger pre-qualification today.
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