By Sarah Markley  |  March 5, 2019

Category: Legal News

A woman in Washington has filed a knee replacement infection lawsuit against the makers of a medical device used in the surgery of her family member.

Plaintiff Laverne H. is filling this knee replacement issues lawsuit on behalf of her family member, Michael H. Michael is now deceased.

In her knee replacement lawsuit, Laverne claims that Michael underwent knee surgery. During his total knee arthroplasty, she says a Bair Hugger Forced Air Warming System medical device was used.

A Bair Hugger Forced Air Warming System is a medical device used to help regulate the body temperature of the patient during surgery. It is a medical device that is fitted with an air hose. This air hose delivers warm air to a warming blanket that is placed beneath or on top of a patient during surgery.

Keeping the body of a patient warm during surgery promotes quick recovery time. However, studies have shown that air from the Bair Hugger may cause bacteria or contaminants from non-sterilized parts of the operating theatre to circulate. This can, it has been shown, cause contaminants to enter the surgical site.

Additionally, it is thought that because the Bair Hugger system sits on the floor of the operating theatre, it can take up large amounts of skin cells and microorganisms that have fallen to the floor. These contaminants may be blown up towards the open surgical site on the patient’s body.

Because of the use of the Bair Hugger system during Michael’s surgery, Laverne claims, contaminants were introduced into his surgical wound.

This knee replacement infection lawsuit alleges, “Contaminants introduced into Michael’s open surgical wound as a direct and proximate result of the use of the Bair Hugger during the subject surgery resulted in him developing a periprosthetic joint infection.”

A periprosthetic joint infection, or PJI, is a dangerous condition. It is considered a deep joint infection, and while it’s always a risk with total arthroplasty, it is not common. Laverne believes that her family member’s deep joint infection was a direct cause of the use of the Bair Hugger system. The bacterial pathogens that were introduced into Michael’s wound were determined to be MSSA and Enterobacter, she says.

Michael’s original surgery took place on April 17, 2009. On May 20, 2009, Michael underwent an irrigation and debridement surgery to relieve the knee replacement infection. Nine days later on May 29, he allegedly had to undergo single-stage revision surgery.

Unfortunately, a couple of months later in July, Michael had a leg amputation as a result of the Bair Hugger knee replacement problems, according to Laverne’s lawsuit.

Laverne is filing this knee replacement lawsuit on multiple counts including survivorship action, economic loss, and injury to the person represented. She alleges negligence, failure to warn, defective design, breach of express warranty, breach of implied warranty, violations of consumer fraud and deceptive advertising acts, negligent misrepresentation, fraudulent misrepresentation, loss of consortium, unjust enrichment and punitive damages.

This Knee Replacement Infection Lawsuit is Case No. 0:18-cv-01868-JNE-FLN in the United States District Court of the District of Minnesota.

In general, Bair Hugger lawsuits are filed individually by each plaintiff and are not class actions.

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