Even though 3M won in the first trial in a Bair Hugger lawsuit, nearly 5,000 more plaintiffs stand to hold 3M accountable for injuries resulting from the use their warming blanket, the Bair Hugger device.

What is a Bair Hugger?

A Bair Hugger device is a warming blanket that is used during surgery to keep a patient warm. Warm air is blown through a hose and into the device to keep the body temperature of a patient regulated during major surgery. Keeping the body’s temperature regulated during surgery can aid the patient and help decrease recovery time.

This device, developed about 20 years ago by a Minnesota anesthesiologist, has helped millions of surgery patients maintain their body temperature when it drops during surgery because of anesthesia.

However, the Bair Hugger device, manufactured by 3M, has been associated with adverse complications, the most notable being staph infections.

Patients file Bair Hugger lawsuit MDL

A massive multidistrict litigation is now going on in a federal court in Minnesota, uniting about 4,700 plaintiffs who have filed a Bair Hugger lawsuit. The first such case to go to trial was decided in favor of 3M.

3M is based in Maplewood, Minn. The Post Bulletin, a Minnesota news publication, reports about the Bair Hugger lawsuit, “3M prevailed in the first Bair Hugger trial late last month in federal court in Minneapolis, but the plaintiffs’ attorneys are vowing to continue the fight, through appeals and fresh trials.”

One of the lead attorneys for the plaintiffs told the Post, “We all remain committed to the case. We think it’s a dangerous product. And we will pursue the litigation vigorously on behalf of our clients.”

The Bair Hugger device, according to the Post, has become a dominant product for 3M in a large market ($1.5 billion) for medical devices of this type. 3M has always maintained that their product is safe and does not transmit staph infections.

3M responded to allegations of staph infection transmittal through their Bair Hugger device, “The science is the science, and the science supports use of the Bair Hugger patient warming therapy. No valid science has found that the Bair Hugger warming blanket causes or increases the risk of surgical site infections.”

The 3M spokesperson went on to say, “3M does not see anything about the other cases under consideration for bellwether trials that make them any stronger for the plaintiffs’ lawyers,” according to the Post.

For some time, the future of Bair Hugger lawsuits seemed bleak. However, in August 2021, the U.S. Court of Appeals for the Eighth Circuit reversed a previous dismissal from 2019. The appeals court determined that expert testimony from Bair Hugger plaintiffs should not have been barred in court. As such, the court overturned the 2019 decision that granted 3M summary judgement.

In April 2022, plaintiffs in 3M Bair Hugger lawsuits urged the Supreme Court to uphold the Eighth Circuit’s decision. According to the plaintiffs, the appeals court was correct in overturning the previous ruling. Bair Hugger plaintiffs ask the high court to uphold the ruling and allow 3M to face allegations in court.

Bair Hugger lawsuit plaintiffs generally report suffering infections of the joints, particularly during orthopedic implant surgery. The Post reports that those patients who contract infections in their artificial joints must undergo one or more additional surgeries.

The costs of these infections and surgeries are high: upwards of $90,000 per infected joint, according to a an analysis published in JAMA Surgery by the Centers for Disease Control and Prevention in 2017.

If you or someone you love has experienced a joint infection after the use of a 3M Bair Hugger device, you may be eligible for a Bair Hugger lawsuit. Contacting an experienced attorney can help you determine your legal options.