Ashley Milano  |  December 1, 2015

Category: Legal News

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Surgery room with surgeon and nursesThe Bair Hugger, a medical device used to warm patients during surgery, has been alleged to spread bacteria associated with hospital infections.

Many of the allegations linking surgical site infections to forced-air warming were started by a surprising source — the inventor of the Bair Hugger, Dr. Scott Augustine.

A Bair Hugger is a medical device used to warm patients before, during and after surgery – essentially a forced-air warming blanket. When a patient undergoes surgery, the body temperature drops because of anesthesia.

The Bair Hugger warming device regulates the patient’s body temperature by draping a blanket over the patient’s body and blowing warm air through a hose into the Bair Hugger blanket to keep the patient warm.

The blanket was developed two decades ago by Dr. Scott Augustine, a Minnesota anesthesiologist. However, Dr. Augustine now alleges that the Bair Hugger is causing infections instead of preventing them, especially for patients receiving implant devices like artificial heart valves and hip or knee joint replacements.

The Bair Hugger was originally manufactured by Augustine’s former company, Arizant. 3M purchased Arizant in 2010.

Bair Hugger Infection Risk

In a New York Times article, Dr. Augustine said the forced air used to warm the blankets can spread bacteria associated with hospital-acquired infections. According to Dr. Augustine, the bacteria-contaminated air is then deposited into a person’s implanted device or open surgical wound, causing severe infections.

Dr. Augustine further alleges that the company selling the Bair Hugger device knew of the infection risk as far back as 2010 and covered up the danger. Dr. Augustine has spoken out against the Bair Hugger at professional medical meetings and has underwritten studies allegedly showing that it may pose an infection risk.

Bair Hugger Lawsuits

A number of Bair Hugger lawsuits have been filed against 3M alleging that the heat generated by the device can redirect air circulation during surgery.

This change, according to the Bair Hugger lawsuits, can cause bacteria and other contaminants on the operating room floor to become airborne. As a result, it is alleged that patients have a greater risk of developing MRSA or other hospital infections, according to the lawsuits.

As the number of hip and knee infection lawsuits filed against 3M continue to increase, plaintiffs have filed a motion with the U.S. Judicial Panel on Multidistrict Litigation (JPML) to have the cases centralized in a single jurisdiction for pretrial handling.

In a motion to transfer filed on Aug. 21, plaintiffs stated that given the similarities between the cases, they should be transferred to a Multidistrict Litigation (MDL) in the District of Minnesota. An MDL would help to reduce duplicative discovery, avoid conflicting rulings by different judges, and serve the convenience of all parties involved in the litigation.

The JPML is expected to decided on the proposed Bair Hugger MDL after hearing oral arguments on Dec. 3.

If you or a loved one had surgery that used a Bair Hugger warming system and developed a bacterial infection or other injury, you could be eligible for compensation.

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

Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual lawsuit or class action lawsuit is best for you. Hurry — statutes of limitations may apply.

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If you or a loved one were injured by Bair Hugger complications, you may have a legal claim. See if you qualify to pursue compensation and join a free Bair Hugger class action lawsuit investigation by submitting your information for a free case evaluation.

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