The controversy over the Bair Hugger surgical warming blankets has escalated beyond expectations. When the federal court initially accepted the case as a multi-district litigation case, there were just over a dozen cases. Now, just one year later, there are nearly 900 cases claiming the Bair Hugger caused surgical site infections. Currently, the parties and the court are working on figuring out which cases will be tried as representative (Bellweather) cases.
Basically, the way the device works has been called into question, despite it being widely accepted throughout the medical industry. The surgical warming blanket system works by essentially forcing warm air into sterile disposable blankets that are placed on a patient’s body.
Apart from the risks posed by anesthetics, as well as the surgical procedure itself, the risk of surgical site infections also make any surgery a dangerous undertaking. However, determining how an infection occurred may be nearly impossible. While one might think that whenever an infection occurs, the hospital or doctors will be legally liable, this is not the case.
Why Is 3M Being Sued?
3M doesn’t just make adhesive and scotch tape. The company makes all sorts of products, including medical devices and medical equipment. However, the fact that doctors who used the 3M Bair Hugger are not being sued begs the question: Why? Because the Bair Hugger’s use is widely accepted, and doctors and hospitals were unaware of the device’s alleged failure to prevent contaminated air from contacting patients, it is unlikely that a medical malpractice or negligence suit would be successful.
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