On Dec. 3, the U.S. Judicial Panel on Multidistrict Litigation heard oral arguments for and against the formation of a centralized MDL regarding alleged injuries and infections caused by the Bair Hugger warming system.

When multiple plaintiffs file lawsuits in U.S. District Courts based on similar claims against a common defendant, these lawsuits may be consolidated into a multidistrict litigation (MDL) before a single judge to streamline pretrial proceedings.

This can help prevent duplicative discovery and contradicting rulings from separate judges and also serves the convenience of all parties involved.

In August, a number of plaintiffs who have filed Bair Hugger lawsuits petitioned for the formation of an MDL for their claims. At the time of the petition, it was reported that there were 14 lawsuits pending against the makers of the Bair Hugger in federal courts.

The Bair Hugger lawsuits are all filed by individuals who claim that use of this surgical warming blanket caused them to suffer serious infections following hip replacement or knee replacement surgery.

Plaintiffs claim that the companies 3M and the previous owner of Bair Hugger rights, Arizant Healthcare, withheld information about the risk of infection associated with these devices from the FDA and from patients.

3M has repeatedly spoken in opposition of the formation of a Bair Hugger MDL, stating that plaintiffs’ arguments are not based in science and that the individual lawsuits are too different to warrant centralization and common discovery.

However, many plaintiffs support the consolidation of Bair Hugger lawsuits.

“As a result of [3M]’s marketing, the Bair Hugger system has been adopted by hospitals and other medical centers and has gained widespread use nationwide in the vast majority of such procedures,” argued two plaintiffs in a brief submitted Nov. 20.

“Consequently, consolidation of these actions due to the sheer number of individuals who have likely been exposed and suffered infections due to the defective Bair Hugger system is necessary to efficiently and effectively manage this litigation,” they added.

Bair Hugger Lawsuits

The Bair Hugger is a blanket through which warm air is forced to keep patients warm during surgical procedures. However, some plaintiffs believe that these devices may pick up contaminated air from operating room floors and circulate that air over open wounds, increasing the risk of serious and potentially fatal infections.

In August, a woman filed a Bair Hugger lawsuit claiming that she suffered a serious infection following use of a Bair Hugger during her hip replacement surgery and that the device does not meet FDA requirements for clean air standards.

Multiple additional plaintiffs have also filed Bair Hugger lawsuits following infections linked to use of this device during knee or hip replacement surgery.

Patients who were diagnosed with MRSA, sepsis, or a deep joint infection following knee or hip replacement surgery that involved the use of a Bair Hugger may be entitled to seek compensation from 3M.