By Paul Tassin  |  October 14, 2016

Category: Legal News

Bair-Hugger-InfectionA Louisiana man claims he developed a Bair Hugger infection after undergoing surgery using a warming system produced by 3M and Arizant Healthcare.

Plaintiff Rick L. says he underwent surgery for total replacement of his right knee in September 2011.

He says that during that procedure, a Bair Hugger warming system made by defendants 3M and Arizant Healthcare Inc. was used to keep him warm.

After surgery, Rick developed an infection in his right knee that he says necessitated additional medical treatment, according to the Bair Hugger infection lawsuit.

Rick’s Bair Hugger infection lawsuit includes claims by his wife Deanna for loss of consortium and loss of services, seeking compensation for the effects of Rick’s alleged Bair Hugger infection on their marital relationship.

The couple seeks an award of compensatory and statutory damages with pre- and post-judgment interest, plus reimbursement of attorneys’ fees and costs of litigation.

Patients Bring Claims Alleging Bair Hugger Infections

Rick and Deanna’s claim is part of a multidistrict litigation, or MDL, going on in a Minnesota federal court. The MDL is a consolidation of many individual Bair Hugger infection lawsuits like theirs, brought together in a single court to promote more efficient pretrial procedures.

According to the MDL’s master long form complaint, the Bair Hugger is a mechanism used to keep surgical patients warm while they’re undergoing surgery. Plaintiffs say that every month, Bair Hugger systems are used on tens of thousands of surgical patients.

The warming system consists of a portable heater and blower mechanism, a disposable blanket, and a hose connecting those two components.

While in use, the Bair Hugger takes in air, warms it, and blows it through the hose and into the blanket, which then distributes the warm air over the patient’s skin.

Plaintiffs contend that the way the Bair Hugger moves air disrupts the normal downward air flow maintained in operating rooms.

The altered air flow picks up contaminants from the floor of the operating room and moves them towards the open surgical site on the patient’s body, according to the plaintiffs. They claim this action increases the risk that the patient will develop a post-operative infection.

The plaintiffs say the heater-blower component is designed in a way that draws contaminants into it and holds them inside, allowing microorganisms to colonize. They allege microorganisms can get past the intake filter and lodge in the inner air passages of the device, or they can enter through the distal end of the hose.

Studies have found colonization of pathogens such as staph and MRSA bacteria inside the blower units of Bair Hugger systems, according to the plaintiffs.

Plaintiffs contend this problem is aggravated by the fact that the inside of the device cannot easily be cleaned. Nor do manufacturers 3M or Arizant Healthcare Inc. provide instructions for cleaning or decontaminating the inside of the Bair Hugger, the plaintiffs claim.

As a result of these alleged design defects, plaintiffs argue, the device creates an unacceptable risk of infection. They accuse 3M and Arizant Healthcare of knowing about the risk of infection allegedly associated with the Bair Hugger, yet failing to properly warn patients and doctors about that risk.

The Bair Hugger Infection MDL is In re: Bair Hugger Forced Air Warming Products Liability Litigation, MDL No. 15-2666, in the 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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