With Bair Hugger lawsuits mounting against manufacturer 3M, plaintiff William Lichlyter proposed a multidistrict litigation consolidation. According to PRLeap, at least 14 claims could qualify for centralization under a Bair Hugger MDL. Lichlyter’s lawyer filed the transfer motion on August 21, 2015. Lichlyter asked to move the MDL into the U.S. District Court, District of Minnesota.
Why Centralize Claims Under One Bair Hugger MDL?
The plaintiff requesting this transfer argued that handing all related claims under a single Bair Hugger MDL would be more efficient. According to the motion, Bair Hugger cases involve common issues surrounding discovery. So combining these claims under one Bair Hugger MDL could:
- reduce duplicative discovery findings
- make the litigation faster and more convenient for all those involved
- promote just conduct across the board
Lichlyter also argued that the number of lawsuits will likely increase, making MDL consolidation the best available option.
The U.S. Judicial Panel and Multidistrict Litigation (JPML) centralizes litigation in order to:
- conserve legal resources
- prevent inconsistent pretrial rulings
Going by Lichlyter’s reasoning, creating a Bair Hugger MDL echoes the JPML’s consolidation aims.
3M Opposes Bair Hugger MDL Motion
Due to Lichlyter’s motion, 3M publicly announced it opposes Bair Hugger MDL consolidation. Shortly thereafter, 3M and its Arizant Healthcare, Inc. subsidiary filed a joint response disputing Lichlyter’s motion. The Joint Response was filed on September 14, 2015 and explained that the complaints awaiting trial have no scientific basis and that each claim has too many individual factors to adequately handle within a multidistrict litigation.
Take Action Against Bair Hugger
Those who have filed Bair Hugger lawsuits against 3M and its Arizant subsidiary allege that the forced-air warming device, led to the growth of severe bacterial infections during knee and hip replacement procedures. Specifically, they claim that the device blows air from the operating room ground into open areas of the body, leading to adverse health events. This is more detrimental during implant surgery as bacteria may have a higher chance of getting deep within the joint and creating a harder-to-treat infection. Some plaintiffs claim that these infections led to permanent damage beyond pain and suffering.
What You Can Do
If you or a loved one experienced a severe Bair Hugger infection, you may be eligible for compensation. Get your free claim evaluation now to see if you may qualify in just minutes. Once we’ve received your information, a nearby attorney will call to discuss your case and review compensation options.
Mandy Voisin
Mandy Voisin is a freelance writer, blogger, and author of Girls of the Ocean and Star of Deliverance. As an accomplished content marketing consultant, mom of four and doctor's wife, Mandy has written hundreds of articles about dangerous drugs and medical devices, medical issues that impact disabled Americans, veterans' healthcare and workers' compensation issues since 2016.