Heba Elsherif  |  July 19, 2018

Category: Legal News

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Deep Joint Infection Blamed on Bair Hugger Forced Air Warming SystemThe makers of the 3M Bair Hugger face a deep joint infection lawsuit filed by a woman alleging she suffered a dangerous complication caused by the forced-air warming blanket.

Plaintiff Rosemarie M. files the deep joint infection lawsuit joining a growing multidistrict litigation (MDL) against the company in Minnesota federal court. The lawsuit was filed on June 27, 2018.

According to the deep joint infection lawsuit, Rosemarie is a resident and citizen of the state of Wisconsin. She says that she underwent surgery on Aug. 4, 2010 during which the Bair Hugger Forced Air Warming system was used. During the surgery, she underwent a total knee arthroplasty (TKA) at Dickinson County Hospital, located in Iron Mountain, Michigan.

Rosemarie says that the use of the Bair Hugger during surgery let her to develop an open surgical wound and develop a deep joint infection (DJI), also known as a periprosthetic joint infection (PJI). The infected pathogen was identified as gram positive cocci.

Following the infection, she says that she underwent debridement and irrigation, plus placement of an antibiotic spacer on July 26, 2011. On Sept. 27, 2011, she also underwent a stage 2 total knee revision at Dickinson County Hospital.

She claims damages for the injuries that have been inflicted and economic loss.

The deep joint infection lawsuit was filed on multiple counts including negligence, failure to warn, defective design and manufacture, breach of express warranty, breach of implied warranty, violation of the Minnesota prevention of consumer fraud act, violation of the Minnesota deceptive trade practices act, violation of the Minnesota unlawful trade practices act, violation of the Minnesota false advertising act, consumer fraud and/or unfair and deceptive trade, negligent misrepresentation, fraudulent misrepresentation, fraudulent concealment, unjust enrichment, and punitive damages.

Rosemarie demands a trial by jury.

Overview: 3M Bair Hugger & Deep Joint Infection

A number of consumers have filed lawsuits against 3M, Bair Hugger’s manufacturer, alleging that the device causes patients to contract infections among other complications after the device was used during a surgical procedure.

The Bair Hugger Forced Air Warming system, used on patients during invasive surgeries to regulate their body temperatures, was introduced to the market in 1988. Reports of patient infection have been linked to the device, which then requires patients to have to undergo further treatment and sometimes more surgery. Some required treatments to lessen these side effects and complications have included:

  • Additional surgeries
  • Hospitalization
  • Physical Therapy
  • Amputation
  • Intravenous antibiotic treatment
  • Placement of an antibiotic spacer in the infected joint
  • Joint implant removal and revision

Allegations against 3M include them of having known the associated risks and dangers of the Bair Hugger device but of failing to make that information public. If you or a loved one have suffered from complications including contraction of a deep joint infection, legal action may be taken.

The Deep Joint Infection Lawsuit is Case No. 0:18-cv-01765-JNE-FLN, in the U.S. District Court for the District of Minnesota. The Bair Hugger Lawsuit is MDL No. 15-2666, In re: Bair Hugger Forced Air Warming Products Liability Litigation, in the U.S. District Court for the District of Minnesota.

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

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