Nadrich & Cohen is actively retaining victims of the 3M Bair Hugger Warming Blanket. A judge has recently reinstated 5,000+ Bair Hugger lawsuits in multidistrict litigation.
Warming surgery patients significantly decreases the risk that their surgical sites will be infected. However, lawsuits allege that the Bair Hugger warming device actually does the opposite.
The lawsuits claim that the device effectively blows bacteria off of the floor of the surgery room up and into patients’ open surgical wounds, causing deep joint infections during hip or knee replacement surgeries.
Bair Hugger lawsuits have alleged that the Bair Hugger Warming Blanket has caused infections leading to:
- The need for additional surgery
Call us today for a free consultation if you or a loved one developed an infection after a Bair Hugger device was used in a knee or hip replacement surgery. We won’t charge a fee if we don’t obtain a recovery for you.
It’s not too late to make a claim. Call us now. Time is limited.
You May Be Eligible for Compensation Following a Bair Hugger Injury
If you or a loved one was injured by a 3M Bair Hugger Warming Blanket, you may be eligible for financial compensation in a Bair Hugger lawsuit for your medical bills, pain, suffering, lost wages, and more. However, you’ll need experienced defective medical device lawyers by your side if you want to recover all the compensation you’re entitled to under the law.
Nadrich & Cohen has been representing victims of defective medical devices, such as Bair Hugger warming blankets and Philips CPAP devices, since 1990, and we have recovered hundreds of millions of dollars for our clients in that time.
3M knew or should have known their Bair Hugger forced air devices were dangerous, yet failed to warn the public about it, and we have the experience and expertise to hold them accountable for this failure.
Compensation Available in a Bair Hugger Lawsuit
If you qualify for a Bair Hugger lawsuit, we might be able to assist you in obtaining financial compensation for:
- Medical bills: If you have incurred medical bills due to an infection caused by a Bair Hugger device, you may qualify for compensation for those bills you’re already facing. You may also be able to get compensated for any medical treatments you will need in the future.
- Pain and suffering: You may qualify for financial compensation for any physical pain and mental suffering you have experienced after developing an infection due to the use of a Bair Hugger blanket.
- Loss of wages: If you had to miss work because of a Bair Hugger device, whether it be because you were too sick to work or because you had to attend medical appointments, you may qualify for compensation for any wages you were unable to earn as a result.
- Lost earning capacity: Bair Hugger devices have been linked with serious infections, and a serious infection may leave you unable to ever work again or unable to ever do the job you used to do again. If this is the case, you might be able to recover a financial recovery which covers any loss of or reduction in your earning capacity.
- Disfigurement: If an infection caused by a Bair Hugger blanket caused you to be disfigured, you may qualify for compensation for the terrible effects that disfigurement can have on your life.
- Disability: If you have become disabled due to an infection caused by a Bair Hugger device, you could qualify for a financial recovery compensating you for your disability.
- Loss of companionship: If you have lost the companionship of a loved one due to a Bair Hugger blanket, you could be compensated for this.
- Loss of enjoyment of life: An infection caused by a Bair Hugger device may have caused you to be unable to enjoy life as you used to, and you could get compensated for this.
- Wrongful death: If you lost a loved one due to an infection caused by a Bair Hugger device, you may qualify for compensation for funeral costs, burial costs, and the loss of your loved one’s companionship and love. You may qualify for the loss of your loved one’s income and household services, as well. You might also be able to recover compensation for your loved one’s medical bills, pain and suffering.
Bair Hugger Infections
The Bair Hugger is composed of a portable blower/heater that is connected to a disposable blanket by a flexible hose. The blanket is positioned over or under surgery patients. The system is designed to warm surgery patients by blowing hot air on their exposed skin.
However, lawsuits allege that the Bair Hugger produces hot air that accumulates under the patient’s surgical drape, escapes from under the drape, and creates currents of airflow that flow against the operating room’s downward airflow.
Lawsuits allege that this warmed air then rises and deposits bacteria from the surgery room floor into the open surgical wound, potentially causing infections.
Several studies have warned about this possibility:
- A 2009 study found that forced-air warming blowers such as the Bair Hugger had designs that were “questionable” for preventing airborne contamination from being emitted into the surgery room. The study found that it was conceivable that these blowers could emit bacteria and fungi which would settle into the open surgical wound.
- A 2011 study found that deep joint infection rates increased significantly when forced-air warming was used in surgeries instead of conductive fabric warming.
- A 2012 study found that forced-air warming led to a significant increase of particles over the surgical wound when compared to radiant warming.
- Another 2012 study found that forced-air warming created “convection current activity” in surgery rooms, leading to concern that the currents might disrupt airflows that are meant to keep airborne contaminants away from the surgical wound.
California law allows for those injured by defective medical devices to obtain financial compensation for their injuries when device manufacturers should know, due to scientific knowledge such as the above studies, that their products could be dangerous, yet fail to warn about the danger.
Surgery Infection Symptoms and Complications
The symptoms of a post-surgery infection include:
- Night sweats, chills, and fevers
- Increased stiffness or pain
- Wound drainage
- Redness and warmth around the wound
Deep joint infections may lead to numerous complications, such as:
- Prolonged or multiple hospital visits
- The need for additional surgery
- The need for extensive physical therapy
- The need for treatment with antibiotics
If you suspect a post-surgery infection, a quick diagnosis and the right treatment increase the chances that you will fully recover. If you have infection symptoms, you should contact your healthcare provider immediately and seek care, then contact experienced defective medical device lawyers like Nadrich & Cohen, who can discuss your legal options.
Frequently Asked Questions
Do I Have a Valid Bair Hugger Lawsuit?
You may qualify for financial compensation in a Bair Hugger lawsuit if:
- You underwent joint replacement surgery and a Bair Hugger blanket was used in the surgery
- You developed a hospital-acquired deep joint infection less than 60 days after the surgery
Reach out to us if you are unsure if you have a valid Bair Hugger lawsuit. Our experienced Bair Hugger lawyers can review your circumstances and determine if you qualify to pursue a financial recovery.
Were the Bair Hugger Lawsuits Dismissed?
While the 5,000+ Bair Hugger lawsuits in the Bair Hugger MDL were dismissed by District Judge Joan Ericksen in 2019, a judge reinstated the Bair Hugger claims in January 2022, ruling that the judge who dismissed the lawsuits wrongfully excluded expert testimony that supported the claims of the Bair Hugger plaintiffs.
How Much Do Bair Hugger Attorneys Cost?
Our only fee is a percentage of any recovery we obtain for our clients, and our plaintiffs lawyers don’t charge a fee unless and until we obtain a recovery. This means you will never owe us anything out of pocket, so you have nothing to lose by calling us for a free consultation if you or a loved one developed an infection after having a knee or hip replacement surgery involving a Bair Hugger forced air warming system.
Bair Hugger Lawsuit Updates
As of July 27, 2023, there are now 5,251 claims which are pending in the Bair Hugger multidistrict litigation. This makes the Bair Hugger MDL the eighth largest MDL in the United States.
Plaintiffs’ lawyers are attempting to remove the judge who has been overseeing the Bair Hugger MDL since 2015. The lawyers allege that U.S. District Judge Joan Ericksen secretly retained the services of a retired defense lawyer who handled products liability cases. The lawyers allege Ericksen hired this lawyer to serve as an adviser while she considered a motion by 3M to exclude opinions from expert witnesses called by the plaintiffs. The lawyers contend Ericksen failed to disclose this lawyer’s involvement because revealing the lawyer’s role would have demonstrated bias.
In February 2022, 3M asked the United States Supreme Court to review an appellate court’s decision to reject a 3M request to reinstate lawsuits in the Bair Hugger MDL. The lawsuits had previously been dismissed by Judge Ericksen, who had decided that testimony by the plaintiffs’ expert witnesses wasn’t reliable enough and wasn’t based upon sound science.
In February 2022, Judge Ericksen appointed a mediator to explore resolution of issues or possible settlements in the Bair Hugger MDL. Ericksen appointed Arthur Boylan, a retired U.S. Magistrate Judge, as the mediator.
In November 2021, a 3M request to review the decision to reinstate the lawsuits in the Bair Hugger MDL was rejected by the United States Court of Appeals for the Eighth Circuit.
In August 2021, the United States Court of Appeals for the Eighth Circuit reinstated lawsuits in the Bair Hugger MDL. The appeals court found that Judge Erickson had erred when she dismissed the lawsuits in 2019 based on the merit of expert opinions’ arguments. The appeals court found that while those arguments might be questionable, they were still adequate enough to be presented to a jury.
In July 2019, Judge Ericksen granted a 3M motion to exclude testimony presented by the plaintiffs’ expert witnesses.
In December 2015, all Bair Hugger lawsuits were consolidated into an MDL to be handled in the District of Minnesota. U.S. District Judge Joan Ericksen was assigned to oversee the MDL.
Contact the 3M Bair Hugger Lawsuit Lawyers at Nadrich & Cohen
Call us today, contact us online, or text us from this page for a free consultation if you or a loved one has developed an infection after a 3M Bair Hugger system was used during a hip or knee replacement surgery. We won’t charge a fee to represent you unless and until we obtain financial compensation for you in a Bair Hugger infection lawsuit.