A new lawsuit has been filed in a federal court in Minnesota, alleging a Bair Hugger MRSA infection was caused by a forced air warming blanket during surgery.
The plaintiff, Mary S., is a citizen and resident of the State of Texas who claims injury by a product created and distributed by the 3M Co. and Arizant Healthcare Inc.
According to the Bair Hugger MRSA infection complaint, Mary S. underwent a total left hip replacement at South Texas Surgical Hospital in Corpus Christi, Texas on Feb. 15, 2016. The surgery was performed by an orthopedic surgeon, Dr. Robert Lewis.
The lawsuit claims that as a direct consequence of the use of a Bair Hugger forced-air warming blanket during surgery, contaminants were introduced to the surgical site that were identified as methicillin-resistant Staphylococcus aureus (MRSA).
Mary claims the Bair Hugger MRSA infection, also known as a deep joint infection, has made it necessary for her to undergo multiple additional medical interventions.
To treat the Bair Hugger MRSA infection, Mary S. had to have the surgical site incised, the damaged tissue removed, and the area irrigated. Additionally, she also underwent complete removal of the prosthetic components of the left hip and insertion of antibiotic spacers and cement.
Finally, Mary S. had the original surgery redone in what is known as a hip revision procedure.
These procedures that were used to cure the Bair Hugger MRSA infection were done at Christus Spohn Hospital in Corpus Christi, Texas by her original orthopedic surgeon. The interventions were done in several separate surgeries conducted from March through December 2016.
Mary S. complains that she sustained horrific injuries because of contracting the Bair Hugger MRSA infection and suffered economic damages as well. She is bringing the following causes of action against the defendants:
First Cause: Negligence; Second Cause: Strict Products Liability—Failure to Warn and Defective Design and Manufacture; Third Cause: Breach of Express Warranty; Fourth Cause: Breach of Implied Warranty of Merchantability for the State of Texas; Fifth Cause: Violation of the Minnesota Prevention of Consumer Fraud Act; Sixth Cause: Violation of the Minnesota Deceptive Trade Practices Act.
Seventh Cause: Violation of the Minnesota Unlawful Trade Practices Act; Eighth Cause: Violation of the Minnesota False Advertising Act; Ninth Cause: Consumer Fraud and/or Deceptive Trade Practices of the State of Texas; Tenth Cause: Negligent Misrepresentation; Eleventh Cause: Fraudulent Misrepresentation; Twelve Cause: Fraudulent Concealment; Thirteenth Cause: Loss of Consortium; Fourteenth Cause: Unjust Enrichment.
The complainant, Mary S., is asking for compensatory and statutory damages awarded by a favorable decision in a jury trial. She requests a return of all attorney and court fees, and other miscellaneous litigation expenses.
The Bair Hugger MRSA Infection Lawsuit is Case No. 0:18-cv-00507-JNE-FLN in U.S. District Court for the District of Minnesota. It is part of MDL No. 2666, In re: Bair Hugger Forced Air Warming Products Liability Litigation.
In general, Bair Hugger lawsuits are filed individually by each plaintiff and are not class actions.
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