Amanda Antell  |  October 12, 2015

Category: Legal News

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Colorado plaintiff Ricky M. is suing the pharmaceutical giant 3M for allegedly causing him to suffer a severe knee infection after using the company’s forced-air warmer device.

The plaintiff claims that in direct result of using the Bair Hugger warming system during his knee surgery, he developed a severe bacterial infection that led to additional complications.

In August 2013, Ricky underwent knee replacement surgery for his left knee and had used the Bair Hugger device to keep warm during surgery, according to the Bair Hugger lawsuit.

The warming blanket was allegedly placed over the plaintiff during the surgery to prevent his body temperature from dropping too low. Bair Huggers work by connecting a portable heater and hose to a disposable blanket, which is meant to blow hot onto the patient’s exposed skin during surgery.

Ideally, this device would allow a smooth surgical procedure and comfortable recovery period. However, Ricky alleges the blanket had blown numerous bacterial contaminates from the air onto the surgical site, resulting in a joint infection after knee replacement surgery.

According to the Bair Hugger lawsuit, when the Bair Hugger produces hot air by collecting the air from under or at the head of the surgical table, the medical device collects the numerous bacteria from the floor of the surgery room. Once these bacteria cells are forced onto the very sensitive surgical site, it can create a number of problems for patients.

Because of Ricky’s alleged Bair Hugger knee infection, he was forced to undergo additional surgeries to not only clean the infected area, but also to have the knee implant removed. These medical procedures were all done within a year of the initial implant procedure.

Allegedly, the plaintiff is still finding it difficult to cope with every day life due to extreme pain and limited mobility. Ricky is filing this Bair Hugger lawsuit against 3M for compensatory damages, claiming that the company knew about these risks but did not warn him or his surgeons.

The Bair Hugger lawsuit states that there are over 50,000 Bair Huggers used throughout the country, meaning there are potentially thousands of other individuals who have or will have suffered a post-surgery infection because of the Bair Hugger medical device.

Overview of Bair Hugger Allegations

The Bair Hugger lawsuit alleges that 3M has known about the bacterial issue of Bair Huggers since 2009, but have insisted on the product being a safe and efficient medical device for orthopedic surgeries.

The Bair Hugger lawsuit points to a September 2000 communication to the FDA, in which the defendant had reportedly stated that the Bair Hugger adequately met HEPA (High Efficiency Particulate Air) standards, which would mean that the product would have been capable of removing 99.7 percent of all bacterial particles in the air.

However, Bair Hugger lawsuits claim the product is only capable of removing a little less than 65 percent of these contaminates, meaning that joint infection could be a probable result after use.

This Bair Hugger Lawsuit is Case No. 0:15-cv-03703-JRT-TNL, in the U.S. District Court of Minnesota.

In general, Bair Hugger lawsuits are filed individually by each plaintiff and are not class actions.

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