A consumer recently filed a lawsuit alleging that she developed a Bair Hugger deep joint infection when the blanket warmer was used during his hip replacement surgery.
Plaintiff Brenda G. recently filed a lawsuit against 3M Company and Arizant Healthcare Inc., alleging that she developed a Bair Hugger deep joint infection after the company’s blanket heater was used during her hip replacement surgery.
Brenda says she underwent a hip replacement surgery in July 2017, during which the Bair Hugger forced air warming blanket was used to maintain her body temperature during surgery. Following her surgery, Brenda allegedly developed a Bair Hugger deep joint infection. This infection allegedly caused her to need revision surgery, resulting in three additional procedures.
The Bair Hugger system consists of portable heater/blower attached by a hose to a disposable blanket. The system intakes air from the surrounding area, passes it through a filter, and directs it into the blanket. Holes in the blanket distribute the warm air over the patient’s exposed skin, helping keep the patient warm in the cold operating room.
Although the system helps maintain a comfortable body temperature, the warm air may be able escape from the surgical drape, according to reports. Studies have claimed that the warmed air disrupts the downward airflow in the operating room and displaces contaminated air in non-sterile portions of the room. This contaminated air may be able make its way to the open surgical site, say the studies, increasing the change of developing a Bair Hugger deep joint infection.
The Bair Hugger deep joint infection lawsuit claims that the manufacturers knew or should have known about the risks associated with their device due to the scientific evidence available. Instead of warning consumers and medical professionals about the risks, the manufacturers allegedly concealed the risks in order to sell their product.
“Amid rising criticism of the Bair Hugger among the medical community, Defendants callously and with conscious disregard of patient safety chose to amplify their efforts to champion the device and silence critics,” the complaint alleges. “In fact, Defendants have taken every step imaginable to conceal and discredit peer-reviewed scientific studies that undermine their ability to market the Bair Hugger.”
The complaint argues that the manufacturers should have stopped selling the Bair Hugger as soon as they were aware of the contamination risks. At this time, they could have redesigned the product to be safer, the lawsuit claims.
“For over two decades, Defendants have known that the Bair Hugger emits significant levels of internally generated airborne contaminants into the operating theater and that the exhaust generated thereby creates convective airflow patterns that disrupt the unidirectional airflow of the operating theater, dramatically increasing the risk of infection for patients undergoing lengthy surgeries, especially hip and knee replacement surgeries,” the Bair Hugger deep joint infection lawsuit claims.
Brenda accuses the defendants of negligence, strict liability – failure to warn, strict liability – defective design and manufacture, breach of warranties, negligent misrepresentation, fraudulent misrepresentation, fraudulent concealment, unjust enrichment, and violation of several consumer protection laws. The Bair Hugger deep joint infection lawsuit seeks compensatory damages, statutory damages, restitution, disgorgement, court costs, and attorneys’ fees.
The Bair Hugger Lawsuit is Case No. 0:18-cv-01571 and is part of the Bair Hugger MDL, In re: Bair Hugger Forced Air Warming Products Liability Litigation, Case No. 0:15-md-02666-JNE-FLN, in the United States District Court for the District of Minnesota.
In general, Bair Hugger lawsuits are filed individually by each plaintiff and are not class actions.
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