A new postoperative infection lawsuit has been filed in a federal court in Tennessee on Oct. 13, 2017. This postoperative infection lawsuit names the Sorin Group, makers of the 3T Heater Cooler device used in most open-chest surgeries, as defendants.

Plaintiffs Kermit C. and Barbara Ann C. allege Kermit suffered a postoperative infection due to contamination of a cardiac hearter-cooler system made by the defendants.

What is the Sorin 3T Heater Cooler Device?

A Sorin 3T Heater Cooler device helps control a surgical patient’s body temperature by delivering temperature-controlled water to cardio pulmonary heat exchangers, cardioplegia heat exchangers and warming blankets. These items are engaged during open-chest surgeries of six hours or less to heat or cool a patient.

The Sorin 3T Heater Cooler device became controversial when it was found that it could be aerosolizing M. chimaera bacteria into the sterile operating field, causing many patients to become infected after a period of incubation after these very invasive surgeries.

Plaintiff’s Story in Postoperative Infection Lawsuit

According to this postoperative infection lawsuit, Kermit C. underwent a quadruple coronary bypass on June 1, 2016 at Johnson City Medical Center in Johnson City, Tenn. A Sorin 3T Heater Cooler device was used in his surgery, which the plaintiffs say caused Kermit to be exposed to aerosolized non-tuberculous mycobacteria.

The mycobacteria that Kermit C. was exposed to is found routinely in air, soil, and water. Only within the bounds of a surgical field and around a patient with a suppressed immune system is it a problem.

The infection resulting from M. chimaera can take weeks to years to develop, but in the plaintiff’s case, it allegedly took only a few weeks. The couple says his condition went downhill rather than following a normal progression toward gradual health afterwards.

According to the postoperative infection lawsuit, Kermit C. developed high fevers and a red rash around the surgical incision site with associated pus. He had the site cultured and it came back positive as well as a blood test for the bacteria. His physicians were not sure of the origin of the infection.

The U.S. Food and Drug Administration has warned doctors and patients of the likelihood that organisms could colonize within the device unless adequate disinfection and maintenance procedures are strictly adhered to.

The plaintiffs are bringing the following counts in this postoperative infection lawsuit against the makers of the 3T Heater Cooler device: Count One—Negligence; Count Two—Strict Products Liability; Count Three—Breach of Express Warranty; and Count Four—Breach of Implied Warranties.

They are also bringing these additional counts against the defendant: Count Five—Negligent Misrepresentation; Count Six—Misrepresentation by Omission; Count Seven—Violation of the Tennessee Unfair or Deceptive Practices Act; and Count Eight—Loss of Consortium.

Kermit C. and Barbara Ann C. are asking that punitive damages be accessed against the company as well as actual damages in their favor that amount to more than $750,000.

They identify these damages as both economic and non-economic and include physical and emotional pain and suffering, permanent impairment and scarring, loss of earning capacity and lost wages, as well as costs of medical treatments past, present, and future.

The Postoperative Infection Lawsuit is Case No. 2:17-cv-00186-TAV-MCLC in U.S. District Court for the Eastern District of Tennessee, Greeneville Division.