An Ohio family has recently brought a lawsuit against 3M Company and Arizant Healthcare Inc. for damages allegedly caused by their defective Bair Hugger Forced Air Warming device.

On July 30, 2012, Michael K. underwent surgery and had a total hip replacement on his right hip. Michael alleges in his Bair Hugger lawsuit that due to the use of the Bair Hugger warming blanket during this procedure, he contracted a Methicillin-resistant Staphylococcus aureaus (MRSA) infection.

This is believed to have occurred when the Bair Hugger system introduced contaminants into the open surgical site.

As a result, Michael was allegedly required to undergo additional surgeries to clean the MRSA-infected areas after his hip implantation, according the Bair Hugger lawsuit.

He continues to suffer from impaired mobility due to his replacement infection, and currently suffers permanent damage now and will in the future.

Michael and his family have brought 13 counts against the makers of the Bair Hugger. These counts include negligence, defect in manufacturing and construction, product defect in design or formulation, product due to inadequate warning and/or instruction, product defect in failure to conform to representations, supplier liability, tortuous breach of warranty, breach of express and implied warranty, negligent misrepresentation, fraudulent concealment and loss of consortium.

The plaintiffs seek punitive damages for the personal injury alleged suffered by Michael following his hip replacement surgery. In addition, this Bair Hugger lawsuit seeks pre and post-judgment interest, statutory damages, costs of the litigation, disgorgement of defendants’ profits on the Bair Huggers and any additional relief as provided by law.

What is a Bair Hugger?

A Bair Hugger Forced Air Warming (FAW) device is a heater and blower system that is connected with a hose to a blanket that is used on a patient during surgery.

This portable system is designed to warm patients during surgical procedures by blowing heated air onto their skin. Keeping a patient’s body temperature controlled during surgery lowers their bleeding risk and generally assists in providing more favorable outcomes following surgery.

Bair Hugger Studies

A 2011 study, “Forced-air warming blowers: An evaluation of filtration adequacy and airborne contamination emissions in the operating room,” published in the American Journal of Infection Control, found 58% of the forced-air warmers studied (including the Bair Hugger) produced and emitted airborne contaminants. Although the study did not determine whether the contaminants were viable, it observed that high levels of contamination are not necessary to cause an infection when dealing with a hip or knee replacement.Moreover, several studies show that the Bair Hugger’s forced air significantly disrupts the ultra-clean airflow used in operating rooms. These studies also show that the Bair Hugger is likely to cause temperature differences that cause convection currents. Those convection currents, in turn, could draw air from non-sterile areas, such as the floor, into the surgical site. At least one study described air from the non-sterile areas as laden with pathogens, thereby compromising the surgical site’s sterility. A 2011 study, “Forced-air warming and ultra clean ventilation do not mix,” J. of Bone & Joint Surgery,” published in Journal of Bone & Joint Surgery, proposed that the forced-air warmer’s disruption of the ultra-clean air along with its creation of convection currents drawing air from non-sterile areas are plausible explanations for what it found to be a significant association between using forced-air warmers and risk of SSIs.Finally, a 2012 study, “Do forced air patient-warming devices disrupt unidirectional downward airflow?” (Journal of Bone & Joint Surgery) and two 2013 studies — “Forced-air patient warming blankets disrupt unidirectional flow” (Bone & Joint Journal)and “Patient Warming Excess Heat: The Effects on Orthopedic Operating Room Ventilation Performance” (Anesthesia & Analgesia) — found forced-air warming significantly increased the number of airborne particles over the surgical cite. The studies did not conclude the additional particles carried bacteria, but they found the increased particles a cause for concern. 

Bair Hugger Lawsuit Information

If you suffered from a hospital-acquired infection in the hospital following hip replacement surgery, knee replacement surgery or other surgery after having the Bair Hugger Forced Air Warmer used in the operating room, you may have a legal claim. Our expert lawyers can assist you in learning your legal rights and options in a free, confidential consultation.