Colorado plaintiff Ricky M. is suing the pharmaceutical giant 3M for allegedly causing him to suffer a severe knee infection after using the company’s forced-air warmer device.
The plaintiff claims that in direct result of using the Bair Hugger warming system during his knee surgery, he developed a severe bacterial infection that led to additional complications.
In August 2013, Ricky underwent knee replacement surgery for his left knee and had used the Bair Hugger device to keep warm during surgery.
The warming blanket was placed over the plaintiff during the surgery to prevent his body temperature from dropping too low. Bair Huggers work by connecting a portable heater and hose to a disposable blanket, which is meant to blow hot onto the patient’s exposed skin during surgery.
Ideally, this device would allow a smooth surgical procedure and comfortable recovery period. Unfortunately for Ricky, the blanket had blown numerous bacterial contaminates from the air onto the surgical sight, resulting in a joint infection after knee replacement surgery.
Experts explain that when the Bair Hugger produces hot air by collecting the air from under or at the head of the surgical table, the medical device collects the numerous bacteria from the floor of the surgery room. Once these bacteria cells are forced onto the very sensitive surgical site, it can create a number of problems for patients.
Because of Ricky’s alleged Bair Hugger knee infection, he was forced to undergo additional surgeries to not only clean the infected area, but also to have the knee implant removed. These medical procedures were all done within a year of the initial implant procedure.
Currently, the plaintiff is still finding it difficult to cope with every day life due to extreme pain and limited mobility. Ricky is filing this Bair Hugger lawsuit against 3M for compensatory damages, claiming that the company knew about these risks but did not warn him or his surgeons.
According to medical statistics, there are over 50,000 Bair Huggers used throughout the country, meaning there are potentially thousands of other individuals who have or will have suffered a post-surgery infection because of the Bair Hugger medical device.
Overview of Bair Hugger Allegations
Ricky’s lawyers allege that 3M has known about the bacterial issue of Bair Huggers since 2009, but have insisted on the product being a safe and efficient medical device for orthopedic surgeries.
According to an FDA announcement in September 2000, the defendant had stated that the Bair Hugger adequately met HEPA (High Efficiency Particulate Air) standards, which would mean that the product would have been capable of removing 99.7% of all bacterial particles in the air.
However, Bair Hugger lawsuits claim the product is only capable of removing a little less than 65% of these contaminates, meaning that joint infection could be a probable result after use.
At no point in time did the defendants warn the plaintiff or his physician of the risks of bacterial contaminants, or the fact that their product could not sufficiently protect him.
The plaintiff’s lawyers state that 3M had the civil responsibility of warning their client and other orthopedic patients who might use the Bair Hugger, because they rely on the product’s label. Ricky insists that he nor his surgeons would have used the Bair Hugger if they had known the risks for joint infections.
For being allegedly responsible for manufacturing, selling, distributing, and marketing a dangerous product, Ricky is suing 3M. The charges include: negligence, false advertising, concealing information, and misrepresenting a product.
This Bair Hugger Lawsuit is Case No. 0:15-cv-03703-JRT-TNL, in the U.S. District Court of Minnesota.
In general, Bair Hugger lawsuits are filed individually by each plaintiff and are not class actions.
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If you or a loved one were injured by Bair Hugger complications, you may have a legal claim. See if you qualify to pursue compensation and join a free Bair Hugger class action lawsuit investigation by submitting your information for a free case evaluation.
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