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A surgeon applies an oxygen maskA lawsuit has been filed against the makers of a forced air warming blanket, 3M Company and Arizant Healthcare, Inc., over a hip replacement infection adding to a number of growing lawsuits being filed against the companies.

Plaintiff Cameron W. filed the hip replacement infection lawsuit in Minnesota federal court. The lawsuit was filed as part of a multidistrict litigation (MDL) on July 16, 2018.

According to the lawsuit, Cameron, a Washington resident, had a total hip arthroplasty (THA). During the surgery, the Bair Hugger forced air warming system was allegedly used.

Cameron alleges that contaminants from the Bair Hugger infected his open surgical wound causing him to develop a periprosthetic joint infection (PJI), also known as a deep joint infection (DJI). MSSA was the determined identified pathogen.

Due to his infection, Cameron says he had to undergo irrigation and debridement on several occasions. He also had to have revision surgery.

As a result of his hip replacement infection, Cameron says he suffered severe injuries in addition to economic loss.

The lawsuit was filed on multiple counts including negligence; strict liability including failure to warn and defective design and manufacture; breach of express warranty; breach of implied warranty, Violation of the Minnesota Prevention of Consumer Fraud Act, which includes the Deceptive Trade Practices Act, the Unlawful Trade Practices Act, and the False Advertising Act; negligent misrepresentation, fraudulent misrepresentation, fraudulent concealment, among others.

Overview: Hip Replacement Infection

The makers of the Bair Hugger forced air warming system have faced thousands of lawsuits from victims who say they have suffered from contraction of bacterial infections, like MRSA and MSSA, after the device was used during invasive procedures, like Cameron’s total hip replacement surgery.

As of July 2018, there were almost 4,623 active lawsuits in the multidistrict litigation (MDL). The purpose of an MDL is to move lawsuits along more quickly and aids with cost-effective measures.

The purpose of the Bair Hugger warming system, first introduced in 1988, is to help regulate a patient’s body temperature, reducing bleeding and recovery time. However, patients say this device increases the risk of bacterial infections, which may require patients to have to undergo:

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

Bacterial infections, such as MRSA, can also lead to other serious adverse effects and complications, including:

  • Skin infections
  • Pneumonia
  • Bloodstream infections
  • Sepsis- life-threatening response to infection

The Hip Replacement Infection Lawsuit is Case No. 0:18-cv-02005-JNE-FLN, in the U.S. District Court for the District of Minnesota. The Bair Hugger Lawsuit is MDL No. 15-2666 (JNE/FLN) in re: Bair Hugger Forced Air Warming Products Liability Litigation, in U.S. District Court District of Minnesota.

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

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