New York State Personal Injury Law: Bair Hugger FAQs

Jed Dietrich, Esq., Recognized as a New York Super Lawyer, and His Team of Aggressive, Tenacious, and Hardworking Attorneys at the Dietrich Law Firm P.C. Fight to Obtain Exceptional Results for Victims Who Have Suffered Severe Infections Caused by Bair Hugger Warming Blankets in Buffalo, New York.

The Bair Hugger warming blanket places patients undergoing hip or knee replacement surgeries at significant risk of developing deep joint infections. Severe Bair Hugger-related infections require additional surgeries ranging from joint fusions and two-part revision surgeries to disfiguring amputations. Numerous lawsuits against Bair Hugger allege that the manufacturer was aware of these risks yet chose not to notify doctors or patients. Jed Dietrich, Esq. sympathizes with the devastating impact that amputations and revision surgeries can have on victims and, ultimately, their loved ones. The Dietrich Law Firm P.C.’s seasoned team of personal injury lawyers has represented numerous victims whose lives were turned upside down because of defective medical devices.

Heartbreaking stories of patients developing severe infections or worse inspire Jed Dietrich, Esq. to strive to provide the highest level of personal injury service to victims in Buffalo, New York, throughout New York State, and beyond. The Dietrich Law Firm P.C.’s elite attorneys understand how to properly and aggressively pursue defective medical device claims. We will zealously fight to obtain the best possible result for your damages. Below, our battle-tested team has put together some frequently asked questions and answers regarding Bair Hugger Warming Blankets. If you would like specific answers regarding your case, please feel free to contact The Dietrich Law Firm P.C. You can reach us by calling (716) 839-3939 or by filling out the online consultation form. Our highly experienced Bair Hugger infection attorneys are available 24 hours per day and 7 days per week. There is never a fee unless we WIN for you!

Some of the most frequently asked questions regarding Bair Huggers include:

1. What is a Bair Hugger Blanket? The Bair Hugger Warming Blanket System was invented by Dr. Scott Augustine in 1988 and later sold to the 3M Company in 2009. It was designed to keep patients warm before, during, and after surgical procedures. The device is composed of a reusable warming unit and a disposable inflatable blanket. The warming unit employs forced-air warming (FAW) to push hot air into the blanket through a tube. The blanket prevents hypothermia by stabilizing and maintaining a patient’s core body temperature within a specified range of degrees.
2. What are the risks of using a Bair Hugger? The most significant risk of using a Bair Hugger is developing an infection in the wake of surgery. After accumulating inside Bair Hugger devices, microbial contaminants can be emitted into operating rooms. Further, the device can circulate contaminants and bacteria from the operating room into the surgical site. Studies have demonstrated that the air circulated through the Bair Hugger contained over 2,000 times more contaminants than other warming apparatuses. Patients who are undergoing joint replacement operations, such as knee and hip implants, are especially at risk of suffering grave infections. Infections can trigger sepsis, a deadly illness affecting the sufferer’s immune system and causing inflammation throughout the entire body, which kills over 250,000 Americans yearly. Contaminants spread by the Bair hugger can also cause a Methicillin-Resistant Staphylococcus Aureus (MRSA), which is a type of staph infection that is resistant to antibiotics.
3. Has the FDA taken any action against the makers of the Bair Hugger? The FDA first cleared the Bair Hugger, as a substantially equivalent device, through a 510(k) premarket clearance program. After becoming aware of concerns regarding the potential increased risk of surgical site infections, in 2017, the Food & Drug Administration thoroughly reviewed all available Bair Hugger data. While the FDA maintains its recommendation to use forced air thermal regulating systems when clinically warranted, the agency will actively monitor concerns and provide updates if noteworthy new information becomes available. In 2018, 165,000 Bair Hugger units were recalled due to a design defect, as opposed to infection risks. According to 3M, a design change prevented some of the warming blankets from inflating completely.
4. What are the laws surrounding Bair Hugger accidents? Victims that suffered infections and other injuries caused by a Bair Hugger device have the legal right to seek monetary compensation in civil court. Under the theory of product liability, victims can recover all of their damages. Additionally, medical malpractice claims may also apply if the surgeon failed to exercise a reasonable standard of care in the patient’s operation or treatment. Due to the complex medical and legal issues concerning Bair Hugger infections, these claims tend to be particularly technical. The importance of hiring an experienced, skilled, and knowledgeable personal injury lawyer cannot be overstated. Our seasoned lawyers can provide wise advice and guidance regarding your case. Pursing a lawsuit for a defective medical device is not a process that you should undertake alone, especially when so much is at stake. Our battle-test attorneys will vigorously fight to obtain the compensation that you need and deserve.

5. Is there a class-action lawsuit against the makers of Bair Hugger? Victims have filed over 4,000 lawsuits related to Bair Hugger devices. A judicial panel combined several lawsuits to be heard as part of a multidistrict litigation (MDL) in a U.S. District Court in Minnesota. MDLs permit similar claims to be combined into a single action to optimize time, combine resources, and save money while moving through the legal system. Unlike class-action lawsuits, MDL cases allow individual claims to reach different outcomes.
6. Have there been any cases involving Bair Hugger Blankets? Thousands of claims have been filed against the 3M Company, the current manufacturer of Bair Huggers. Most plaintiffs are victims who have developed acute infections after undergoing operations where the surgeon used a Bair Hugger. These product liability claims allege that the manufacturer knew or should have known that their warming blanket significantly increased the risk of causing infections yet purposefully concealed the associated dangers.
7. What damages could I recover in my Bair Hugger lawsuit? The main principle of monetary awards in product liability cases is to compensate victims for the injuries caused by the defective product. Compensation is meant to restore a victim to his or her pre-mishap condition. Any patient who has suffered an infection or complication after undergoing any surgery that utilized a Bair Hugger blanket may be entitled to monetary compensation for all of their damages. We are determined, disciplined, and dedicated to obtaining the best possible result for victims injured from defective Bair Huggers throughout New York State. Victims can pursue recovery for damages through a product liability claim.
8. Is there a time limit for filing my Bair Hugger lawsuit? Yes, and failure to file a claim within the applicable statute of limitations can bar your right to recover compensation for any damages. We highly recommend contacting the Dietrich Law Firm P.C.’s elite attorneys immediately to safeguard your legal rights. Our veteran team will take immediate action to file a lawsuit and preserve your rights. Then, we will begin collecting evidence and conducting our thorough investigation to build a strong case.

Since 1999, Jed Dietrich, Esq., recognized as an American Institute of Trial Lawyers Litigator of the Year, has collected more than $175 Million in verdicts and settlements for his clients who were injured in Buffalo, New York, throughout New York State, and beyond. Jed Dietrich, Esq. founded the Dietrich Law Firm P.C. in 2005 with a mission to provide the highest level of personal injury service to victims. The Dietrich Law Firm P.C.’s team of highly experienced and top rated Bair Hugger injury attorneys will strive to obtain the best possible result for victims suffering from severe infections and other health complications. Our honorable commitment to exceeding your expectations and delivering an excellent outcome is what sets us apart from the competition. Call us today at (716) 839-3939 to find out more about how we can help you!

Call the Dietrich Law Firm P.C. immediately at (716) 839-3939 so that our aggressive, tenacious and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Buffalo, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!