Latest Decision May Help Victims of Bair Hugger Warming Devices Pursue Justice

3M, the Maplewood-based giant manufacturer, which is well-known for selling innovative office and home improvements supplies, also sells Bair Hugger warming blankets, a forced air patient warming device used in hospitals. The device is designed to keep patients warm during surgery and thus prevent infections and promote overall healing.

However, thousands of people have taken legal action against the company, claiming the device has caused them to become infected during surgeries. The allegation is that the device interferes with the normal flow of air that keeps contaminated particles out of the surgical zone by blowing contaminated air on them.

In part of its response to these legal difficulties, 3M attempted to mitigate thousands of lawsuits it is facing by discrediting the scientific credibility of the evidence presented in the cases. On December 13, 2017, U.S. District Judge Joan Ericksen denied 3M’s strategy, ruling that plaintiffs may present the expert witnesses they desire to support their claims.

The plaintiffs intended to use a simulation model to prove their case – something that has been used in other courtrooms in the past many times. However, 3M wanted the use of that model prohibited since it counters their internal studies and conclusions. Judge Ericksen ruled that the experts offered by the plaintiffs used valid scientific methods and produced relevant findings.

The mass tort lawsuit

The Bair Hugger case is a type of civil action known as a tort. In this case, it is a mass tort in which there are multiple plaintiffs and a single defendant.

In the wake of undergoing a procedure in which a Bair Hugger warming blanket was used over 4000 orthopedic surgical patients developed a deep joint infection. The mass tort lawsuit against 3M alleges that due to a defect in the device, dangerous bacteria is allowed to spread, making contact with the patient’s body, and causing infection.

As explained by the Star Tribune, “The plaintiffs [in these lawsuits] want to present scientific studies and medical experts who will describe how the inner workings of the device harbor bacteria and disrupt the normal downward airflow inside an operating room that keeps bacteria-carrying particles on the floor and away from the surgical site.”

Through a spokeswoman, 3M countered the allegations by stating, “There is no evidence that the 3M Bair Hugger warming system causes infections.” She also stated, “Our product is a safe and effective tool for warming patients before, during and after surgery. 3M is eager to proceed to trial early next year to defend the integrity of the 3M Bair Hugger warming system.”

3M claimed that the plaintiffs had no direct evidence of the Bair Hugger conveying bacteria laden particles to the area of a patient’s surgical incision. 3M asked Judge Ericksen to prohibit the plaintiff’s experts from participating in the case, and then issue a summary judgment due to absence of expert opinions.

After a three day hearing in October, Erickson declined both of 3M’s requests and granted plaintiffs the right to use their experts in the case. Her ruling allowed for cross examination of experts on both sides in the presentation of rebuttal testimony in front of the jury.

The judge issued a 30 page ruling that answered more than a dozen motions that may have excluded experts on both sides of the case. Quoting previous case law, Erickson ruled that expert opinions may only be excluded when they are shown to be fundamentally unsupported and of no assistance to the jury.

At McGowan, Hood, Felder & Phillips, LLC, we are dedicated to defending the rights of our clients who have been injured by dangerous medical devices. If you have contracted an infection or any other injury with a Bair Hugger warming blanket or other device, we are here to help you recover the compensation you deserve. We fight for you. To arrange a free consultation, call us at 803-327-7800 or complete our contact form.