Bair Hugger Blanket Linked To Infections, Additional Surgeries
In a recent lawsuit filed against 3M Co. and Arizant Healthcare, Inc., a Louisiana man alleges a defect in a medical device caused him great harm and injury. This is the latest in a series of lawsuits regarding this medical device.
The Bair Hugger is a blanket used during knee and hip replacement surgery to keep a patient’s exposed skin warm. The defective product lawsuit alleges the Bair Hugger blanket has a defect in its design that allows contaminated air to enter the mechanism causing microorganisms to blow into open surgical wounds causing infection. Because of this defect, the plaintiff had to have 15 additional surgeries because of an infection caused by contaminated air being blown into his open surgical wound during knee surgery.
Allegations of Wrongful Acts
As part of his defective medical product lawsuit, the plaintiff alleges the manufacturer continued to market the device even after it knew about the design defect, the manufacturer failed to warn the public or medical community against the potential dangers associated with the defect, and, the manufacturer deliberately deceived the United States Food and Drug Administration regarding the safety of the device.
The lawsuit relies on several legal arguments associated with defective product lawsuits including:
- Fraud and deceit
- Breach of implied and express warranties
- Product liability
Should the plaintiff prove any one of the above legal arguments, he will be entitled to damages under his product liability claim. In order to receive damages for his injuries, the plaintiff will not be required to prove misconduct by manufacturer. It is sufficient to prove that the design defect caused the medical device to be unreasonably dangerous and this dangerous defect was the cause of the plaintiff’s injures.
Potential Damages in a Defective Medical Device Lawsuit
The plaintiff is not entitled to any damages related to his knee surgery that is not directly related to the defective medical device. In other words, the plaintiff may only receive damages for injuries and damages he sustained as a result of the use of the Bair Hugger during his surgery. Pain and suffering associated with a typical knee surgery will not be compensated. If the plaintiff proves his case, he may be entitled to compensation for damages including but not limited to:
- Medical expenses related to the 15 subsequent surgeries and other medical expenses incurred as a result of the infection and injury caused by the Bair Hugger
- Lost wages or economic losses suffered because of the injuries caused by the defective product
- Physical pain and suffering caused by the subsequent surgeries
- Emotional distress and mental anguish
- Loss of enjoyment of life
- Permanent disability
Have You Been Injured by a Defective Medical Product?
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