Pretrial Conference Set for 800+ Bair Hugger Product Liability Cases

bair-hugger-infectionUS District Judge Joan N. Ericksen set November 17 as the date for the Initial Pretrial Conference in Bair Hugger Forced Air Warming Devices Products Liability Litigation consolidated in MDL 2666 in Minneapolis.

Since the Judicial Panel on Multidistrict Litigation (“JPML”) created the multi-district litigation docket on December 11, 2015 in the District of Minnesota, the caseload has ballooned from 200 lawsuits to 809 today.

These cases involve the Bair Hugger Surgical Warming products, which are medical devices used to maintain patients’ normal body temperature and prevent hypothermia during surgery.

Increased risk of infection

Plaintiffs’ counsel argue that peer-reviewed medical literature in international journals such as the Journal of Bone & Joint Surgery reveal problems with forced-air warming devices in general, and demonstrate an increased risk of infection with the Bair Hugger device specifically. The plaintiffs allege they developed infections as a result of the use of the Bair Hugger products and allege causes of action relating to the product’s design, development, manufacture, testing, regulatory approval process, and marketing. Plaintiffs further allege 3M Company and Arizant Healthcare, Inc. have fraudulently and intentionally concealed knowledge about the dangers associated with

The plaintiffs allege they developed infections as a result of the use of the Bair Hugger products and allege causes of action relating to the product’s design, development, manufacture, testing, regulatory approval process, and marketing. Plaintiffs further allege 3M Company and Arizant Healthcare, Inc. have fraudulently and intentionally concealed knowledge about the dangers associated with

The plaintiffs allege they developed infections as a result of the use of the Bair Hugger products and allege causes of action relating to the product’s design, development, manufacture, testing, regulatory approval process, and marketing. Plaintiffs further allege 3M Company and Arizant Healthcare, Inc. have fraudulently and intentionally concealed knowledge about the dangers associated with use of these products.

Defendants contend that plaintiffs will never be able to prove that their surgical site infections were caused by the Bair Hugger warming system. Defendants contend that, in each of the studies upon which plaintiffs’ lawyers rely, the authors themselves explicitly acknowledge that their studies do not establish that the Bair Hugger warming system causes surgical site infections. Defendants further respond that, to the contrary, the body of peer-reviewed scientific literature proves that the Bair Hugger warming system is safe and effective in maintaining normal body temperature during surgery. Defendants assert that since the Bair Hugger warming system’s entry into the market more than 25 years ago, it has safely warmed more than 200 million surgical patients.

For more information see Court Approves Bair Hugger Plaintiff Fact Sheet and Medical Form.

Larry Bodine

Attorney Larry Bodine is Editor of Mass Tort Nexus, and the Editor of The National Trial Lawyers. He is the former Editor in Chief of Lawyers.com and the American Bar Association Journal. He is a cum laude graduate of both Seton Hall University Law School and Amherst College.

Leave a Reply

Your email address will not be published. Required fields are marked *