Author: Mitch Grissim, Esq., Mitch Grissim & Associates
A recent Bair Hugger lawsuit victory was given to 3M Co. Federal jurors decided on May 30, 2018, that the plaintiff, a South Carolina man, did not prove that 3M’s Bair Hugger patient-warming device caused him to develop a serious surgical infection. The plaintiff alleged that the device had a defective device that caused him to develop an infection after his hip replacement surgery.
Bair Hugger Lawsuit Excluded Important Internal Documents
Both the plaintiff’s legal team and the defendant’s legal team presented evidence that included computer animation and studies to support their positions. While this included a November 2011 article published in the Journal of Bone and Joint Surgery that showed the possibility of the Bair Hugger picking up bacteria and particles and circulating them into the enclosed environment over the patient, internal documents from 3M Co. that allegedly supported the position of the plaintiffs were excluded from the trial. An order from MDL No. 15-2666 In re: Bair Hugger Forced Air Warming Devices Products Liability Litigation from the United States District Court of Minnesota states that the inlet filter of the device only captures 80% of 0.3-1.0 µm particles.
3M Is “Grateful” for Jury
3M Co. issued a statement related to this Bair Hugger lawsuit. “3M is grateful that the jury put science first. This verdict affirms the science behind the 3M Bair Hugger system, which has been proven to be a safe and effective way to warm patients during surgery.”
Potential Side Effects of the Bair Hugger
There are more than 4,000 lawsuits filed against 3M Co. The device is designed to help keep patients warm during surgery. However, many plaintiffs allege that use of the device caused them to develop a serious infection (such as MRSA) that required another surgery or an amputation.
The most common infection reported is MRSA. MRSA is the most serious type of staph infection. It can cause sepsis, pneumonia, or an infection in the bloodstream. MRSA is often drug-resistant and can lead to death, permanent disfigurement, and amputation.
Accusations Made Against Bair 3M and Arizant Healthcare
Defective product attorneys have alleged on behalf of injured plaintiffs that the manufacturers failed to properly and thoroughly test the warming devices, did not use effective testing and surveillance after the devices were approved on the market, knew or should have known of the risk of infection, failed to warn the public about the risk of infection, and continued to push the use of the devices after they knew the risks.
In January 2018, 3M recalled 165,000 Bair Hugger blankets for a design defect. They stated that those blankets failed to fully inflate. Because of the failure to inflate, many patients had to be placed in ICU until their body regained its normal temperature.
Potential Bair Hugger Lawsuit?
The verdict in favor of 3M highlights the need for an experienced defective product lawyer. In federal civil trials, the burden of proof is different. The plaintiff must be able to show that the warming device more than likely not caused their infection. If you believe that you or someone you love developed a serious infection after a Bair Hugger was used during surgery, contact Goldwater Law Firm to schedule your free case evaluation. These cases can be quite complicated. Our team of defective product lawyers have spent decades helping patients get the compensation that they deserve for their injuries. We’ll talk to you about your potential case and tell you about your legal rights and options. Bair Hugger lawsuits have a time limit under which they must be filed. To protect your potential claim, call Goldwater Law Firm right now.
About The Author
Mitch Grissim is the managing partner of Mitch Grissim & Associates, and is a distinguished personal injury attorney in Nashville, Tennessee. Mitch is a graduate of the Nashville School of Law and has been practicing personal injury law in Nashville since 1981. Mitch is also a member of the American Bar Association, Tennessee Bar Association and Tennessee Trial Lawyers Association.