A new lawsuit has recently been filed within the Bair Hugger MDL alleging the warming system made by 3M Company and Arizant Healthcare Inc. caused the plaintiff to sustain personal injury following his surgery.
Plaintiff Leroy D. states in his Bair Hugger staph infection lawsuit that he underwent bilateral total knee replacement on August 20, 2012.
The Bair Hugger Forced Air Warming System was used during Leroy’s surgery, the lawsuit stated.
“Contaminants introduced into Plaintiff’s open surgical wound as a direct and proximate result of use of the Bair Hugger during the subject surgery resulted in Plaintiff developed a periprosthetic joint infection (“PJI”), also known as a deep joint infection (“DJI”). The Pathogen identified was staphylococcus aureus,” Leroy’s lawsuit reads.
After the alleged Bair Hugger staph infection was detected, Leroy had to undergo additional surgery to treat the infection he alleges was due to the use of the Bair Hugger warming device.
“As a result of Plaintiff’s infection caused by the Bair Hugger, Plaintiff has undergone bilateral total knee arthroplasty removal, articulating spacer placement, and bilateral complete synovectomies.” This follow-up surgery occurred in January 2013.
As a result of the alleged Bear Hugger staph infection, Leroy states that he suffered personal injury as well as economic loss.
Leroy has brought forth a total of thirteen counts against the Defendants, including claims of negligence, failure to warn, defective design, breaches of express and implied warranties, violations of Minnesota consumer protection acts, negligent misrepresentation, fraudulent misrepresentation, fraudulent concealment, loss of consortium and unjust enrichment.
In his Bair Hugger staph infection lawsuit, Leroy is seeking compensatory damages, statutory damages, pre-and post-judgment interest, attorneys’ fees and costs, costs of litigation, equitable relief in the nature of disgorgement, restitution to “remedy Defendants’ unjust enrichment and any additional relief as deemed proper by the court.”
What is a Bair Hugger?
A Bair Hugger Forced Air Warming System is a portable medical device that contains a heater and blower which connects to a disposable blanket that is to be used on patients during major surgeries.
The device blows warm air onto a patient’s skin, controlling their body temperature which in turn reduces the risk of excessive bleeding and generally assists in providing better patient outcomes.
Plaintiff Allegations of Staph Infections
In lawsuits filed against the makers of the Bair Hugger device, the plaintiffs allege that due to the airflow, bacteria can enter the warming system and can be forced out of it, and these bacteria can be introduced to the surgical site.
In the case of Leroy’s lawsuit, he specifically alleged that a Bair Hugger staph infection was the result of the use of this device.
Plaintiffs also allege that the manufacturers knew about the introduction of bacteria into the surgical sites of patients, however chose not to warn patients or physicians about this since becoming aware of these risks in 2009.
Filing a Bair Hugger Staph Infection Lawsuit
If you or a loved one has developed a staph infection following a surgery where the Bair Hugger warming device was used, you may be eligible to file a lawsuit against the device manufacturers.
An experienced attorney can review your case at no charge and can help you decide if filing a Bair Hugger lawsuit is right for you.
The Bair Hugger Staph Infection Lawsuit is filed in the Bair Hugger MDL In re: Air 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.
Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual lawsuit or class action lawsuit is best for you. Hurry — statutes of limitations may apply.
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