Have You Been Injured by the Bair Hugger Blanket?

If you are reading this blog post, chances are that you are familiar with the Bair Hugger, a device used during surgical procedures that has caused countless injuries and many deaths. If you have suffered a major injury or even lost a family member due to the use of the Bair Hugger Blanket during a surgical procedure, you are not alone. Over 4,000 lawsuits have been filed against 3M, the maker of the Bair Hugger Blanket, alleging that the device has caused serious and life-altering consequences. These complications range from Bair Hugger infections and amputations to death. Additionally, it is alleged that 3M was aware of the potential for these risks and failed to take any action to warn of or mitigate the harm caused by them.

Have you been injured by the Bair Hugger Blanket? If you have researched your options, you may have ended up feeling frustrated, seeing that the court dismissed all Bair Hugger lawsuits against 3M. However, you are not out of options. In fact, there has been a major legal change that you need to be aware of and that puts restitution for your injuries back on the table. The Court of Appeals recently reinstated all lawsuits against 3M on behalf of Bair Hugger victims, making a settlement highly likely for victims. If you are a victim, or a loved one was a victim of this device, now is the time to take action with the help of a Fort Lauderdale mass tort lawyer.

What is a Bair Hugger and Why is it Used?

The Bair Hugger is a blanket-like device used during surgeries to maintain the patient’s body temperature. Because surgery causes the body to go into a state of shock, it is common for a patient’s temperature to plummet and can even result in deadly hypothermia. The Bair Hugger was developed as a means of keeping the patient’s body temperature at 98.6 degrees during surgical procedures in order to reduce the risk of hypothermia and increase the likelihood of a successful surgery. The device looks like a pipe attached to a disposable blanket-like pouch. The blanket is placed under the patient’s body during surgery and is filled with a continuous flow of hot air to keep the patient warm.  

Why is the Bair Hugger Dangerous for Patients?

In surgical rooms, it is critical to ensure that the air is clean. Surgical rooms use an air circulation system that sanitizes air and kills bacteria before the air is recirculated. This is what keeps the patients safe and reduces the risk of infection. As you can imagine, patients with open wounds have an incredibly high risk of infection, so the proper circulation and sanitization of air is necessary to keep bacteria out of their wounds during surgery. Studies have shown that the Bair Hugger Blanket inhibits the proper circulation and sanitization of air during surgery. This is because the hot air being blown into the blanket affects the flow of the air that needs to be clean. Additionally, the hot air encourages the growth of bacteria. This hot air can collect under the surgery table, allow bacteria to grow, and then flow back into the patient’s open wounds, allowing the surgery to colonize deep inside of the patient’s body, where it is difficult or even impossible to treat. For this reason, the complications are most serious in surgeries that involve operating on or replacing a patient’s joint. Knee and hip surgeries are the most likely to result in infections due to the Bair Hugger blanket.

The Bair Hugger Caused Amputations in Some Patients and Killed Others 

The Bair Hugger blanket has been linked to causing serious complications in patients. These patients primarily were undergoing surgeries involving the knee and hip joints. As a result of bacteria infecting the exposed joint during surgery, thousands of patients have developed the MRSA virus. This viral infection is incredibly hard to treat when it is deep inside of a joint, and it is resistant to medication. For this reason, it can require multiple surgeries in order to treat. If these surgeries are unsuccessful, the virus can spread, requiring amputation to control the infection. In some cases, patients have also died as a result of the infection. These patients and their families are entitled to compensation for the harm that they have suffered, and they can file a Bair Hugger lawsuit with the help of a Fort Lauderdale mass tort lawyer.  

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3M Knew that the Bair Hugger Was Dangerous

The evidence suggests that 3M was informed that the Bair Hugger blanket was dangerous. In fact, it has been established in court that the original inventor of the Bair Hugger warned 3M in 2010 that the device was dangerous and needed to be recalled. In response, 3M sued the inventor for slander, alleging that his claims about the dangers of the product were false and doubled down in their efforts to continue selling it. 3M did not issue a recall or make any changes to the product to address the concerns.  

What Has the FDA Done About the Bair Hugger? 

The FDA approved the Bair Hugger originally in 1987, and it has been in use ever since. In fact, although the use of the Bair Hugger blankets has decreased over time, approximately 50,000 Bair Hugger United remain in use across the country today. The FDA has received hundreds of reports and complaints about the serious health risks posed by the Bair Hugger, and in 2017, they acknowledged that they are aware of the concerns surrounding the product. However, they then sent a letter to surgeons and medical practitioners encouraging its continued use. The FDA emphasized the benefits of the device, such as decreasing blood loss and the risk of hypothermia during surgery in this letter. This is notable since there are now other devices on the market that have these benefits while mitigating the risks posed by the Bair Hugger device.  

Can I Sue for a Bair Hugger Injury or Death?

If you have suffered a serious injury or medical complication or lost a loved one as a result of a Bair Hugger blanket being used during surgery, the time to take action is now. The first Bair Hugger lawsuit was taken to court in 2018 and 3M won. However, this win was largely secured due to 3M’s lawyers succeeding in a motion to suppress expert testimony that would have supported the victims’ claims. In 2019, a federal judge dismissed all the remaining lawsuits against 3M (over 4,000 of them). This seemed like a dead end for those who had suffered due to the use of this product and caused national outrage. However, 3M’s luck has recently taken a turn. In 2021, the Federal Court of Appeals for the 8th circuit reinstated all of the cases against 3M that had initially been dismissed, citing that the original judge acted in error when he suppressed expert testimony for the victims. Now that these lawsuits are back on the table, the federal circuit court of appeals has referred the matter to mediation. This means it is very likely that 3M will propose a settlement offer to the victims of this device. If mediation fails, the class action suit will return to court to be litigated.

To learn more, schedule a free consultation with us today.

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Do I Need a Lawyer to Sue 3M?

Many victims of the Bair Hugger Blanket have suffered serious harm and incurred massive medical bills as a result of its use. Some of the injuries, such as amputations, have caused long-term damages and affected the livelihood of these individuals. Bringing a Bair Hugger lawsuit or joining a class action is often the only course of action for these victims to recover financially. After all, this financial burden should not be theirs to bear as it could have been avoided with a sufficient warning or product modification. Your Fort Lauderdale mass tort lawyer can answer any questions you have about getting started with the legal process.

What Happens if I Sue 3M for a Bair Hugger Injury?

Do I Have Standing to Bring a Bair Hugger Lawsuit Against 3M?

What is My Bair Hugger Lawsuit Worth?

There are multiple kinds of damages that a personal injury lawsuit entitles you to, which makes sense, since a serious medical injury causes multiple kinds of damage to your life, ranging from the physical to financial and emotional. The aim of a personal injury lawsuit is to make the victim whole, so damages address all of these aspects. The first kind of damages that a personal injury lawsuit entitles you to are economic damages. These include all costs incurred as a result of your injury. Examples of economic damages are medical expenses, transportation to and from medical appointments, out-of-pocket medical costs, lost wages, and lost earning potential. You are also entitled to compensation for pain and suffering. These damages exist to compensate you for the physical and emotional trauma caused by the accident. These damages are generally calculated by multiplying your total amount of economic damages by a factor linked to the permanence and severity of your injuries. The more severe your injuries, and the longer they will last, the higher your damages will be. In some cases, punitive damages may also be appropriate. Unlike economic damages and pain and suffering damages which are intended to make the victim whole, punitive damages are intended to punish the person or entity that caused them. These damages are awarded in cases where the at-fault party was especially negligent, reckless, or intentionally malicious. Whether these damages are available is up to a judge to decide. If punitive damages are granted, they can extend into the millions. However, it should be noted that there are often caps placed on punitive damages by state law. Because there are many factors that go into determining your damages and the value of your claim, the best thing to do is consult with an attorney who can assess all the facts and circumstances of your case in order to give you an accurate estimate.

Contact BK Law Today 

If you are ready to hold 3M accountable for the harm that they caused you and your family and get the compensation and support that you are entitled to, contact the Fort Lauderdale mass tort lawyers at BK Law today and schedule a consultation.