Forced Air Warming Devices Products Liability Litigation
Introduction
This multidistrict litigation (sometimes called an “MDL”) involves the Bair Hugger Surgical Warming products, which are medical devices used in an effort to achieve patients' normal body temperature and prevent hypothermia during surgery.
Plaintiffs' counsel maintain that peer-reviewed medical literature in international journals such as the Journal of Bone & Joint Surgery reveal problems with forced air warming devices in general, and demonstrate an increased risk of infection with the Bair Hugger device specifically. The plaintiffs allege they developed infections as a result of the use of the Bair Hugger products and allege causes of action relating to the product's design, development, manufacture, testing, regulatory approval process, and marketing. Plaintiffs further allege 3M Company and Arizant Healthcare, Inc. have fraudulently and intentionally concealed knowledge about the dangers associated with use of these products.
Defendants contend that plaintiffs will never be able to prove that their surgical site infections were caused by the Bair Hugger warming system. Defendants contend that, in each of the studies upon which plaintiffs' lawyers rely, the authors themselves explicitly acknowledge that their studies do not establish that the Bair Hugger warming system causes surgical site infections. Defendants further respond that, to the contrary, the body of peer-reviewed scientific literature proves that the Bair Hugger warming system is safe and effective in maintaining normal body temperature during surgery, which brings numerous benefits to patients, including reduced surgical bleeding, decreased post-operative heart attacks, shortened recovery time, improved patient comfort, and reduced risk of infection. Defendants assert that since the Bair Hugger warming system's entry into the market more than 25 years ago, it has safely warmed more than 200 million surgical patients.
On December 11, 2015, the Judicial Panel on Multidistrict Litigation (“JPML”) determined that efficiencies for the parties and the courts could be gained by centralizing these cases, and any other similar case subsequently filed in federal court, for coordinated pretrial proceedings in a single federal district court. The JPML selected the District of Minnesota as the most appropriate transferee district and assigned the litigation to the Honorable Joan N. Ericksen.
Judge Ericksen's Courtroom Deputy, Cathy Cusack, may be contacted at (612) 664-5890.