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Trial Court: Bair Hugger Warming Blanket Lawsuits Will Proceed to Trial

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Bair Hugger

In a critical victory for victims of Bair Hugger warming blanket infections, the trial judge presiding over thousands of hip and knee joint infection lawsuits ruled this week that the claims will continue against 3M over its Bair Hugger forced air warming blanket.

Surgery patients treated using the Bair Hugger warming blanket may be exposed to contaminated air from the operating room floor.  It is critical that operating rooms are sterile environment to prevent infection during surgery.  Doctors, nurses and others on the surgery team scrub in, scalpels and other tools are disinfected and sterilized.  The operating room nearly germ-free… except for the floor.

The Bair Hugger system allows warm air to circulate contaminated particles from the floor and creates a current that can deposit the bacteria into the surgical site, leading to deep joint infections in hip and knee replacement patients.

Describing the claims, Judge Joan Erickson wrote:

Plaintiffs allege theories about how the Bair Hugger’s forced-air warming can cause deep-joint infection.  After warming the patient, the Bair Hugger’s forced air flows into the operating room at large.  Because this effluent forced air is warmer than the air-conditioned operating-room air, it convects.  This convection stirs the operating-room air, allegedly lifting squames (skin flakes shed from people) and preventing them from safely settling away from the surgical wound.  The parties agree that squames can carry skin bacteria, some of which can cause deep-joint infection.  Plaintiffs also have a theory about bacteria that reside within the Bair Hugger’s central unit or hose.  These bacteria allegedly get out riding the forced air, thereby increasing the bacterial threat within the operating-room air.

(emphasis supplied).

3M asked the trial court to strike the plaintiffs’ experts dismiss the case, claiming there was no evidence that the Bair Hugger led to infections.  The trial court rejected 3M’s arguments and will allow the claims to proceed to trial.  Judge Erickson found the Plaintiffs’ experts utilized scientifically valid methodology and their findings were relevant and reliable and could be heard by the jury at trial.

The first bellwether trial is set to begin on February 8, 2018, with additional trials set to follow throughout the year.

Langdon & Emison continues to review Bair Hugger joint infection cases.  There is never a charge for reviewing your case.  Contacts us now or learn more at our web site.

© Copyright 2017 Brett A. Emison

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1 Comment

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  1. Mable champion says:
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    I want to know can you check. Into my case for if so can you let me know. By email or call me 706-817-3597 thank you so much mable champion