By Laura Schultz  |  September 3, 2015

Category: Legal News

bair hugger lawsuit After a series of alleged injuries, product liability attorneys are ramping up investigations into possible personal injury lawsuits against manufacturer 3M’s Bair Hugger warming blankets.

Bair Hugger lawsuits against the company will likely allege that 3M violated consumer protection laws and failed to warn the medical community and general public about dangerous risks associated with using the medical device.

The 3M Bair Hugger warming blanket entered the market in 1988. Its purpose was to keep anesthetized patients during surgery. While under anesthesia, a patient’s body temperature usually begin to drop.

Medical research has suggested that keeping a patient’s body temperature at 98.6 degrees Fahrenheit during surgery can reduce bleeding and significantly speed up the patient’s recovery time. The 3M warming blankets work by sending forced warm air underneath a blanket covering the patient.

Studies of forced-air warmers, including the Bair Hugger, have not conclusively determined they cause surgical site infections (“SSIs”), but the studies raise concern about their potential risks.

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.

The original inventor of the 3M warming blankets, Dr. Scott Augustine, is one of the various sources trying to warn consumers about the dangers of using these blankets. Dr. Augustine was one of the first medical practitioners to demonstrate the benefits of keeping patients at warm temperature during surgery. However, several years ago he attempted to notify hospitals about the increased infection risks associated with using these blankets.

Dr. Augustine has also recently invented a new device that he suggests is safer than his original version. His newest invention works similarly to an electric blanket, and addresses the issue of bacteria potentially travelling along with the forced air currents.

In condemning 3M warming blankets, Dr. Augustine went so far as to accuse Bair Hugger of intentionally concealing the infection risks from consumers. At the time Dr. Augustine made these remarks, he had no monetary connection to Bair Hugger. 3M and Bair Hugger claim that Dr. Augustine’s allegations were merely an attempt to promote his new medical device.

When Dr. Augustine initially attempted to present data supporting his claims, researchers determined that while the data was compelling it was inconclusive. Another study came out in 2003 suggesting that using the forced air warming systems did not increase a patent’s risk of developing a bacterial infection.

Recently, however, there have been a significant number of patients coming forward alleging that they developed post surgical infections as a result of the forced air warming blankets. Further medical research has also been performed supporting the possibility of these allegations.

Plaintiffs who successfully bring Bair Hugger lawsuits against 3M will likely receive monetary compensation to assist with their past and future medical bills. It is also likely that successful lawsuits will receive compensation for the pain and suffering they endured due to the allegedly defective and dangerous device. The decision to bring a lawsuit against a medical device manufacturer should be made on a case-by-case basis, with the advice of a legal professional.

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

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