By Tracy Colman  |  July 5, 2018

Category: Legal News

Bair Hugger surgeons surgeryAn Idaho woman says the Bair Hugger patient warming system used during her knee replacement surgery caused her to develop a deep join infection.

According to the short-form narrative of her Bair Hugger patient warming system lawsuit, plaintiff Alice M. underwent a total knee arthroplasty (TKA) during which a Bair Hugger forced air warming blanket was used to maintain her body temperature within a homeostatic range of 97.6.

This TKA took place on July 1, 2013, at Mountain View Hospital in Idaho Falls, Idaho. The plaintiff claims through her counsel that the Bair Hugger patient warming system allowed for the entry of dangerous microorganisms into the open wound of her knee region.

Alice believes that as a direct consequence of the surgical team using the Bair Hugger patient warming system, she developed a severe staph infection around the area of the implanted knee prosthetic unit. The infection was referred to as a deep joint infection and, upon laboratory analysis, the infecting pathogen was confirmed to be Staphylococcus aureus.

Starting just after Labor Day of the same year, Alice says she was forced to have to surgically address the situation a second time with a knee revision operation. She alleges the infection was so allegedly pervasive that the revision surgery had to be done using multiple procedures and in several stages.

What is a Bair Hugger Patient Warming System?

The Bair Hugger patient warming system includes a small, transportable heater unit which blows warmed air through a hose that attaches to a blanket surrounding the surgical patient. The small blowing unit draws air in from the surrounding vicinity which includes sterile and non-sterile areas, passes it through only one intake filter prior to directed it out into the blanket-feeding hose.

The warmed air leaves the blanket through several holes next to the skin. Allegedly, these multiple exit points for air can create convection currents that allow for distribution of non-sterile air to an open wound.

The defendants stand accused in this lawsuit of being aware of at least the last two decades of how the Bair Hugger generates and emits potential airborne pathogens near an open surgical wound. According to the complaint, the heater unit is often placed near the floor of the operating room, where contaminants tend to gather. Patients like Alice allege the air currents stirred by the Bair Hugger blower carry these contaminants up to the open surgical site on the patient’s body, creating a risk of infection.

Alice is filing several counts against 3M—among them are accusations of Defective Design, Failure to Warn, Breach of Express and Implied Warranty, Fraudulent Concealment, and Negligent Misrepresentation. She is asking for compensatory and statutory damages with relief for all litigation costs included. She requests a trial by jury.

The Bair Hugger Patient Warming System Lawsuit is Case No. 0:18-cv-00970-JNE-FLN in 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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