Bair Hugger Lawsuit – December 2024 Update

Strict Deadlines to File

See If You Qualify!

People are filing Bair Hugger Warming Blanket lawsuits against 3M for failing to warn about the risks associated with the blanket, which is used to keep people warm during and after certain surgical procedures. Risks associated with the blanket include skin infections, sepsis, bloodstream infections, and MRSA. Many people who allege they have been harmed by Bair Hugger Warming Blankets have joined MDL #2666, IN RE: Bair Hugger Forced Air Warming Devices Products Liability Litigation. Many of those cases are still pending in the U.S. District Court for the District of Minnesota and being overseen by Judge Joan N. Ericksen.

Bair Hugger Lawsuit 2024 Updates

December 10, 2024: Bair Hugger MDL Parties Set Deadlines Ahead of Test Trials for Three Individual Cases

Plaintiffs, defendants, and judges confirmed deadlines that will guide the course of three test trials in the massive multidistrict litigation (MDL) against 3M, the maker of the harmful Bair Hugger forced warming device. According to the scheduling order, the deadline for formal questioning of experts was December 2, 2024. Additionally, the plaintiffs and defendants should be ready for trial by March 3, 2025. The trials in March are referred to as bellwether trials, which will help predict outcomes for the plaintiffs who have joined the MDL against 3M’s Bair Hugger Device. People are still filing lawsuits due to harms they experienced after Bair Hugger warming blankets were used on them during surgery.

December 5, 2024: More People File Bair Hugger Lawsuits In November

As of December 2, 2024, there are 7,672 pending lawsuits against 3M, the manufacturer of Bair Hugger warming blankets. These lawsuits were filed as part of the multidistrict litigation(MDL) against the device—Bair Hugger Forced Air Warming Devices Products Liability Litigation (MDL 15-2666). Although this MDL was formed in 2016, patients continue to file lawsuits after experiencing surgical site infections. These patients say they were not properly warned that the Bair Hugger blanket could lead to a higher risk of infections. Many patients may not even have been aware the blanket was used on them during operations. More lawsuits will be filed as patients experience post-surgical infections associated with the use of this blanket.

November 1, 2024: Over 7,000 Cases Pending in the Bair Hugger MDL

There are over 7,000 cases pending in the Bair Hugger MDL out of the District of Minnesota. Lawsuits allege that the Bair hugger warming blanket disrupts the flow of clean air in the hospital when used on a patient and increases the risk of infection. 

September 3, 2024: Several Claims Dismissed for Failure to Comply with Pre-Trial Order

In an Order dated August 29, 2024, multiple actions and claims were dismissed from the Bair Hugger MDL after plaintiffs failed to comply with a prior pre-trial order. At issue in many cases was the plaintiff’s failure to file a motion to substitute after the death of the original plaintiff.

June 5, 2024: Settlement Negotiations Continue in Bair Hugger MDL

As litigation continues in the Bair Hugger MDL, so do settlement negotiations. While no settlement has been reached, the court has announced that bellwether trials will begin in March 2025. Bellwether trials are used to help determine how future cases may be resolved.

January 1, 2024: Bair Hugger MDL Grows to 6,228 Lawsuits

The Bair Hugger MDL out of the District of Minnesota grew to 6,228 lawsuits. The cases filed against defendants 3M and Arizant Healthcare, Inc. continue to progress and are expected to add plaintiffs in the coming months and years.

July 10, 2023: Motion to Disqualify Filed in Bair Hugger MDL

Plaintiffs in the Bair Hugger MDL have filed a motion to disqualify Judge Ericksen and Magistrate Judge Schultz. The motion, originally filed under seal, was unsealed after being denied.

About the Bair Hugger Lawsuit:

What Is the Bair Hugger Blanket?

The 3M™ Bair Hugger™ warming blanket was developed in 1987 and has been used on over 200 million patients. The blanket uses forced air to warm patients during surgery. It helps to prevent complications related to hypothermia. The device consists of three components: a heating unit, a hose, and a disposable blanket. The central heating unit pulls air in through a filter, warms it, and pushes it out through the hose into the attached perforated blanket.

According to court documents, the device was marketed and sold by its developer, Dr. Scott Augustine, until 2004 through his company Augustine Medical, Inc. The company was reorganized, changing its name to Arizant Healthcare, due to a pending Medicare fraud investigation against Dr. Augustine. In 2010, Arizant Healthcare was acquired by 3M, the current manufacturer of the Bair Hugger Blanket. Dr. Augustine later criticized his invention alleging the device could increase a person’s risk for infection.

How Does the Bair Hugger Warming Blanket Cause Infections?

There are two theories about how the Bair Hugger warming blanket could cause infections. 

Potential causes of infection from the Bair Hugger Blanket:

1. “Airflow disruption” – Under the “airflow disruption” theory, plaintiffs argue that waste heat Bair Hugger warming blanket can create a convection current that can carry bacteria from a nonsterile area of a room to the patient.
2. “Dirty machine” – Under the “dirty machine” theory, plaintiffs allege that the device itself is contaminated with bacteria, which are then blown through the hose to the blanket and ultimately reach the patient.

What Are the Symptoms of Infections Caused by a Bair Hugger?

Plaintiffs in Bair Hugger lawsuits allege that the device resulted in personal injuries. Many argue that the blanket caused ​​periprosthetic joint infections and other potentially deadly conditions such as methicillin-resistant staphylococcus aureus (MRSA), sepsis, muscle necrosis, deep joint infections, and third-degree burns. 

Signs and symptoms of infection caused by a Bair Hugger:

• Fever
• Pain
• Chills
• Redness
• Swelling
• Discharge 
• Bleeding
• Fatigue

Individuals who were covered with the Bair Hugging warming blanket during surgery should notify their healthcare provider of any new or worsening symptoms. Left untreated, an infection can seep into the bloodstream and may prove fatal.

Can Infections Caused by the Bair Hugger Warming Blanket Be Treated?

Infections caused by the Bair Hugger warming blanket may be treated, but some infections can prove fatal or result in amputations. It is essential to seek emergency medical care if you suspect that you have acquired an infection after surgery. Left untreated, an infection can become life-threatening. 

Risk of Surgical Site Infections with the Bair Hugger Blanket

As explained in a Supreme Court ruling, an epidemiological study (McGovern 2011, CA8 App. A1172– A1180) from 2011 found that patients warmed by Bair Hugger warming blankets during surgery had a 400% increased risk of infection compared to patients using conductive warming devices. Conductive warming devices do not use forced air. The study looked at patient records from around 1,500 hip- and knee-replacement surgeries, comparing data from the Bair Hugger device and its alternative, which the hospital in question shifted to. 

Who Qualifies for the Bair Hugger Lawsuit?

In order to file a Bair Hugger lawsuit, plaintiffs must meet certain qualifying criteria. The best way to determine whether you meet the necessary criteria for filing a claim is by consulting with an attorney. An attorney can review the data and ensure your case meets all legal requirements. 

To qualify for a Bair Hugger lawsuit, you must provide:

• Proof of Use: Have proof that a Bair Hugger warming blanket was used on you during a surgical procedure.
• Proof of Injury: Have proof that you suffered complications as a result of the Bair Hugger warming blanket, including a deep joint infection, sepsis, MRSA, or another serious injury.
• Proof of Damages: Have proof that you suffered actual damages as a result of the injury. You may be eligible for economic and non-economic losses, including compensation for your medical bills, lost wages, and pain and suffering.

What Compensation Is Available in a Bair Hugger Lawsuit?

Individuals who suffered damages as a result of an infection caused by the Bair Hugger warming blanket may be entitled to compensation. Depending on the circumstances, compensation may include coverage for any past and future medical bills, lost income, loss of future earning capacity, pain and suffering, and wrongful death.

Recoverable damages in a Bair Hugger lawsuit may include:

• Medical bills: Bair Hugger plaintiffs may be entitled to compensation for their past and future medical expenses, including the cost of additional surgeries or rehabilitation.
• Lost wages: Plaintiffs may also be able to recover damages related to lost income and loss of future earning capacity if they were required to take off work for treatment or were unable to return to work at their full capacity.
• Pain and suffering: If the infection caused by the Bair Hugger warming blanket resulted in physical pain or emotional suffering, plaintiffs may be entitled to additional damages.
• Wrongful death: If you lost a loved one due to the infection, you may be able to file a wrongful death claim. Wrongful death lawsuits may provide coverage for funeral and burial costs, as well as a number of non-economic losses.

What Is the Deadline for Filing a Bair Hugger Lawsuit?

The deadline for filing a Bair Hugger lawsuit depends on the jurisdiction where the claim is filed. Personal injury and product liability cases are subject to a state-specific statute of limitations. In most instances, the statute of limitations for these types of claims is between 1 and 3 years, although some states allow up to six years to file a lawsuit.

Under most circumstances, the statute of limitations begins when the injury occurs or when it is discovered. While there are limited exceptions, it is important to act quickly. An attorney well-versed in Bair Hugger lawsuits can help provide guidance about any legal deadlines that may apply to your case.

How Can I File a Bair Hugger Lawsuit?

There are several steps you can take to file a Bair Hugger lawsuit. The first thing you should do is to contact an experienced attorney who can help determine whether you should take legal action.

Follow these 3 steps to file a Bair Hugger lawsuit:

1. Consult with an experienced attorney: If you suffered a complication after a Bair Hugger warming blanket was used during surgery, you may be entitled to compensation. The best way to determine whether you qualify for a lawsuit is to speak with a lawyer skilled in medical device litigation. An attorney will review your case and help guide you through the legal process.
2. Gather the necessary evidence: If you meet the requirements necessary to file a claim, your attorney will ask you to gather certain documents to support your case. These documents may include your medical records, proof of treatment, income verification, and witness statements.
3. File the claim: Once the evidence is gathered, your attorney will file the claim in the appropriate jurisdiction. Prior to filing, your attorney will ensure that your case meets all legal requirements, including that it is filed within the statute of limitations.

Contact a Bair Hugger Lawyer

If you suffered complications from a Bair Hugger warming blanket, you need to act now. You may only have a limited amount of time to file a lawsuit against the manufacturer of the product. Allegations against the company include that they designed a defective medical device and that they knew or should have known the risks associated with its use and failed to warn consumers. The attorneys at King Law are well-versed in defective medical device lawsuits. Our legal team will work tirelessly to ensure you receive the compensation you deserve. Contact our office today to get the compensation you deserve.