Attorneys are starting to look at potential cases involving infections that might have stemmed from Bair Hugger surgical warming blankets. The blankets are designed to maintain surgical patient’s body temperatures. However, the blankets now are allegedly causing bacterial infections in cases involving joint replacement.What Does A Bair Hugger Do?
The Bair Hugger warming blanket is a very interesting and well-intended invention. During surgery the body temperature drops, as a result of anesthesia. When the body temperature drops, both bleeding and recovery time are increased. Knowing this reality of surgery, an anesthesiologist came up with the idea of the Bair Hugger warming blanket back in the 80s. The blanket blows hot air on the surgical patient, allowing their body temperature to remain at a constant 98.6 degrees Fahrenheit. The device has become extremely popular across the USA, considering that it is used in nearly 90% of all major surgeries. It has also been effective in treating hypothermia and exposure.So Why Is This Device Potentially Dangerous?
Operating rooms use Laminar Air Flow Systems, which constantly circulate filtered air throughout the operating facility. These systems prevent airborne contaminants from finding their way into an open incision and causing an infection.
A Bair Hugger system has the potential to disrupt these air systems by allowing some of the warm air emitted from the machine to cycle below the operating table. Once there, it can collect bacteria and carry it to the operating table. Bacteria then has the potential to enter incisions, which could obviously lead to infection. Joint replacement surgeries involving the Bair Hugger seem to produce the biggest risk of infection given how difficult deep joint infections are to treat.Did The Manufacturer Know About This Problem?
There is a pretty interesting story behind this device. Its inventor sold his stake in the company and the invention back in 2002, after a dispute with his board of directors. They soon changed their name and became a subsidiary of 3M. In 2010, the inventor wrote to the company warning them about the dangers of the Bair Hugger. He insisted that a mandatory recall was imminent, and that the company would not survive. His old company was hardly pleased and actually sued him for slandering the product. They insisted that he was merely trying to disparage his old company in the name of promoting his new surgical warming product, the Hot Dog. Despite the inventor’s warnings, medical journals dispelled them as myths. However, more and more complications are being reported from patients who received infections after undergoing surgery, involving the Bair Hugger.
At least one lawsuit has already been filed, alleging that 3M knew that the design increased the risk of joint infections, yet neglected to redesign the product. But the biggest issue is going to be the failure to warn. Did 3M step up when they knew there was a problem; so doctors and patients had the opportunity to make an informed call on whether to use a Bair Hugger? That will be the key issue in these lawsuits.Should I Seek Legal Representation?
Chances are, if you received a knee or hip implant, a Bair Hugger was used during your surgery. The device is used in approximately 80% of all implant procedures. If you received an infection and had to undergo a subsequent surgery, you should discuss your options with an attorney. Some of the key signs of infection in these cases would include: fatigue, fever, pain, stiffness, swelling, redness around the incision, and wound drainage. If you have experienced these side-effects and required a revision surgery, discussing your case with an attorney is necessary.Is There a Class Action?
Currently, these are only individual claims. However, given the number of potential claims, this will likely evolve into what is known as an MDL in which the cases will be consolidated for the purposes of pre-trial discovery.How Much Will Bear Hugger Infection Settlements Be Worth?
Assuming that it can be proven that the Bair Hugger was negligently made or 3M neglected its duty by failing to warn, what is the settlement value of these claims? This is the type of litigation where the settlement values will vary wildly depending on the injury. Generally, what happens it that the settlement puts the victims in tiers or brackets based on the severity of the injury. What those amounts might look like is very hard to predict at this point.Contact Us
The attorneys at Miller & Zois are currently looking at Bair Hugger Infection cases. If you or a loved one contracted an infection after a knee or hip implant surgery, give us a call at 800-553-8082 for a free consultation.