Progress in the 3M Bair Hugger Warming Blanket Mass Tort Litigation
Bair Hugger Lawsuit Updates
January 15, 2024
- The number of Bair Hugger lawsuits has now reached 6,228. 3M recently proposed a trial schedule for several cases, although the litigation continues to move slowly.
October 19, 2023
- The MDL (Multi-District Litigation) Panel transferred three additional cases to the MDL, despite objections from the plaintiffs.
September 1, 2023
U.S. District Judge Joan N. Ericksen denied a motion seeking her disqualification, a major development in this ongoing litigation. The plaintiffs had raised concerns about potential bias, but the judge methodically refuted those claims.
August 16, 2023
The number of Bair Hugger lawsuits pending in the MDL reached 5,250.
July 14, 2023
- 3M requested that a federal magistrate judge overseeing the MDL litigation retain his position, despite concerns about a conflict of interest due to prior 3M stock ownership. The motion to disqualify the judge was rejected.
May 30, 2023
- 3M was denied a Supreme Court review of the Bair Hugger litigation, allowing expert witnesses for joint-replacement patients to remain involved in the case. This ruling provides hope for potential settlements.
What is the Bair Hugger Warming System?
The Bair Hugger Warming System was designed in the 1980s to help patients maintain body temperature during surgery. It consists of a heater, blower, and a disposable blanket that blows warm air over the patient. The goal is to prevent temperature drops that can increase bleeding and extend recovery times. Today, the device is used in about 90% of major surgeries across the United States.
The Danger of Bacterial Infections
While the Bair Hugger helps keep patients warm, it has also been linked to bacterial infections. Operating rooms are designed with Laminar Air Flow Systems to prevent airborne contaminants from entering surgical wounds. However, the warm air emitted from the Bair Hugger can disrupt this airflow, potentially circulating bacteria to the surgical site. This risk is particularly concerning in joint replacement surgeries, as deep joint infections are challenging to treat.
The most common injury linked to the Bair Hugger is a deep joint infection, where bacteria infect the knee, hip, or shoulder. These infections often require additional surgeries and can lead to long-term joint damage.
Did 3M Know About the Risks?
The inventor of the Bair Hugger sold his company in 2002, which later became a 3M subsidiary. In 2010, the inventor warned 3M about the device’s dangers, predicting the company would face lawsuits if it did not issue a recall. 3M has since faced allegations that it was aware of the contamination risk but failed to modify the device or warn healthcare professionals. Plaintiffs argue that 3M knew of these risks as early as 2011 but chose not to act.
Should I Seek Legal Representation?
If you’ve undergone a hip or knee replacement surgery and developed an infection, it’s likely the Bair Hugger was used. Common signs of infection include fatigue, fever, pain, swelling, and redness around the incision. If you’ve experienced any of these symptoms and required revision surgery, it’s important to consult with a qualified attorney.
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Is There a Class Action?
There are currently over 5,000 plaintiffs involved in the Bair Hugger class action lawsuit. While one bellwether trial ended in a verdict for the defendant, the litigation is ongoing, and plaintiffs’ attorneys remain hopeful for a favorable outcome. One victory in court could change the direction of this mass tort litigation.
To qualify for a Bair Hugger warming blanket lawsuit, individuals typically need to meet the following criteria:
- Underwent Surgery Using a Bair Hugger System
The patient must have undergone surgery where the Bair Hugger Forced Air Warming system was used to regulate their body temperature during the procedure. This device is commonly used in hip and knee replacement surgeries, as well as other major surgical operations.
- Developed a Serious Infection Post-Surgery
Patients who developed a severe infection, particularly deep joint infections, following surgery may qualify for the lawsuit. These infections can lead to complications, requiring additional surgeries such as revision procedures, joint replacement, or treatment for long-term damage.
- Required Additional Medical Treatment
Patients who needed additional medical treatments due to the infection, such as prolonged hospital stays, intravenous antibiotics, debridement, or even amputation, may be eligible. The severity and long-term impact of the infection are key factors.
- Evidence of Device-Related Infection
The lawsuit is centered around claims that the Bair Hugger device allowed contaminants to enter the surgical site, leading to infection. Medical records showing a correlation between the infection and the use of the Bair Hugger system may strengthen a case.
- Suffered Significant Physical, Emotional, or Financial Damages
The patient must demonstrate that the infection and subsequent medical issues led to significant physical pain, emotional suffering, or financial hardship, including medical bills, lost wages, or decreased quality of life.
If you meet these criteria, you may be eligible to join the Bair Hugger warming blanket lawsuit and seek compensation for your injuries. We at The Torts Attorney can help you get your compensation. Consulting with an attorney specializing in medical device litigation is essential to evaluate eligibility and build a strong case.
FDA Acknowledges Infection Risks with Bair Hugger Devices
The U.S. Food and Drug Administration (FDA) has received hundreds of adverse event reports regarding Bair Hugger warming devices since 2013, including several reports of patient deaths. In August 2017, the FDA recognized infection concerns related to these blankets but still recommended their continued use in healthcare settings.
The agency emphasized the benefits of patient warming during surgery, such as reduced blood loss, quicker recovery, and decreased infection risk. Following a review of medical research, the FDA committed to actively monitoring the situation. Since the initial approval of the Bair Hugger in 1987, the FDA has granted at least 14 additional clearances for updates and new versions of the device.
Bair Hugger lawsuits claimed infections caused:
- Additional surgeries
- Hospitalization
- Amputation
- Death
If you suspect you qualify, consult with an attorney for an evaluation of your case. Click Here To Get Free Case Review
3M Recalls 165,000 Warming Blankets
In January 2018, 3M recalled 165,000 Bair Hugger warming blankets due to a design defect causing partial inflation, which could compromise their warming efficacy. An adverse event report noted a patient suffered hypothermia during surgery because the blanket did not inflate fully, necessitating intensive care to restore normal body temperature. Despite infection-related reports, neither 3M nor Arizant has recalled the blankets.
3M's Legal Response
Following a 2018 victory in the first bellwether trial, 3M expressed gratitude for the jury’s decision, asserting the safety and effectiveness of the Bair Hugger system. They maintain that numerous studies support the safety of forced-air warming. However, Dr. Scott Augustine, the inventor of Bair Hugger products, has challenged the validity of these studies and called for a recall of the devices. Augustine, who also sells a competing device, claims that 3M’s response to his allegations is driven by personal motives.
Conclusion
The Bair Hugger Warming Blanket lawsuit is a significant case that highlights the potential dangers of a widely used medical device. If you or a loved one has suffered an infection after surgery involving the Bair Hugger, you may be entitled to compensation. Speak with an experienced attorney to explore your legal options and stay informed about the latest updates in this ongoing litigation.
