The Bair Hugger warming unit used in surgical procedures is the cause of action in numerous lawsuits filed across the country. These lawsuits have been consolidated into multidistrict litigation (MDL) in Minnesota.

Connecticut plaintiff Nora C. is among the latest to add her complaint to the hundreds of others now pending against defendants 3M Company and its subsidiary, Arizant Healthcare Inc., alleging injuries caused by the device in question. Nora and other plaintiffs have alleged that they have developed serious infections resulting from the device and that the manufacturers were aware of the danger.

About the Bair Hugger Warming Unit

The Bair Hugger is a forced-air warming blanket originally developed by Minnesota anesthesiologist Dr. Scott Augustine in 1988. He was one of the first physicians to note the advantages of maintaining a patient’s body temperature during surgery.

Eventually, he formed his own company, Augustine Medical Inc., for the manufacture and marketing of his invention. In 2002, Augustine left the company he had founded after a dispute with the board of directors. Afterward, the company’s name was changed to Arizant and was eventually bought out by 3M.

Meanwhile, he discovered that the device he had invented was causing the spread of infectious bacteria. His warnings were ignored by 3M. Eventually, Augustine accused Arizant and 3M of concealing the dangers of the Bair Hugger. He also began warning the medical community, starting a legal battle over allegations on Arizant’s part that Augustine was spreading misleading information. 3M and Arizant continue to stand by the safety of the Bair Hugger.

Plaintiffs Tell a Different Story

The Bair Hugger warming unit has a portable heater/blower, which connects to a disposable blanket placed either over or under the patient. The air is taken in from the operating room, which may contain infectious bacteria on the floor. There is a filter on the opening, but not on the distal end that feeds into the blanket. That air goes through small holes in the blanket, thus keeping the patients warm.

According to the present MDL’s Master Complaint, a number of scientific studies have been confirming Dr. Augustine’s concerns. What these studies have shown is that when the warmed air rises against the downward flow of air in the operating room, it carries bacteria from non-sterile areas to the surgical site. In addition, the filtration system may not adequately block potentially infectious bacteria, including those that cause staphylococcal infections as well as other contaminants.

The Present Lawsuit

Nona states that in February 2016, she underwent hip replacement surgery, during which the Bair Hugger warming unit was employed. According to her complaint, the use of the Bair Hugger caused the surgical site to be exposed to an unspecified pathogen, resulting in a deep joint infection. Because of this infection, Nona was allegedly forced to undergo numerous revision surgeries over the next several months.

Nona alleges personal injury and economic loss, while her spouse is claiming loss of services. She has accused the defendants of failure to warn, defective design and breach of warranty.

Her Bair Hugger Warming Unit lawsuit is part of MDL No. 15-2666, U.S. District Court for the District of Minnesota.