A married couple has filed a lawsuit against 3M Company and Arizant Healthcare, Inc. alleging its Bair Hugger medical device caused the husband to suffer a deep joint infection.

Plaintiffs Oscar A. and Felisa A. have filed their lawsuit within the larger multidistrict litigation currently in process, entitled In Re: Bair Hugger Forced Air Warming Products Liability Litigation.

Due to the large number of lawsuits against the manufacturers of the Bair Hugger with similar allegations, the Judicial Panel on Multidistrict Litigation has consolidated these lawsuits before a single judge in Minnesota Federal Court.

Oscar is a 74-year-old man who underwent right total knee surgery in October 2014 during which the Bair Hugger Forced Air Warming system (known as the “Bair Hugger”) was used, according to the lawsuit.

Oscar claims that the use of this device during his surgery led to a deep joint infection caused by Bair Hugger.

“Contaminants introduced into Plaintiff’s open surgical wound as a direct and proximate result of use of the Bear Hugger during the subject’s surgery resulted in Plaintiff developing a periprosthetic joint infection (“PJI”), also known as a deep joint infection (“DJI”),” the Bair Hugger lawsuit claimed.

In all of the lawsuits in the multidistrict litigation, the plaintiffs commonly allege that they all suffered deep joint infection caused by Bair Hugger.

The Bair Hugger is a medical device that is used during surgery to keep patients warm and to prevent hypothermia. The device itself consists of a heater/blower machine that is connected to a blanket with a flexible hose. The blanket may be placed under or on top of the patient during major surgeries such as a knee replacement surgery or a hip replacement surgery.

The lawsuits against the device manufacturer allege that its design causes the warm air produced by the device to rise above the cooler air present in the operating room.

The lawsuits further allege that when the warm air rises, it can pick up bacteria from the floor, and as the air is circulated over the patient, the bacteria may be deposited into the surgical site.

Plaintiffs allege that the defective design was responsible for the deep joint infection caused by Bair Hugger during their surgery.

As a result of the alleged deep joint infection caused by Bair Hugger, Oscar states that he has had to undergo additional surgical procedures. These included “[r]emoval of right total knee arthroplasty and insertion of antibiotic spacer” as well as revision surgery on his right knee.

Oscar claims that the deep joint infection caused by Bair Hugger caused him personal injury and economic loss. His wife Felisa alleges loss of services as well of loss of consortium (spousal companionship).

The husband and wife have brought forth a number of counts against the defendants including negligence, strict liability for failure to warn as well as defective design and manufacture, breach of express and implied warranties, various violations of Minnesota and New Jersey consumer protection acts, negligent misrepresentation, fraudulent misrepresentation, fraudulent concealment and loss of consortium.

As a result of the alleged deep joint infection caused by Bair Hugger, the couple is seeking compensatory damages, statutory damages, disgorgement of profits, restitution of Defendants’ unjust enrichment, pre-and post-judgment interest, attorneys’ fees and costs and any additional relief as deemed just and proper by the Court.

The Bair Hugger Lawsuit is Case No. 0:16-cv-03087 and is part of the Bair Hugger MDL 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.