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out. The next trial is scheduled for December.
Attorneys for the plaintiff in this case, Louis Gareis, had to prove
not only that the Bair Hugger's defective design caused their
client's infection, but also that other forced-air blowing devices
were available at the time of the surgery.
"We expected the decision given the rulings we got from the
court," says Kyle Farrar, the attorney for Mr. Gareis. "We were
trying this case with two hands tied behind our backs."
In a statement, 3M says the verdict "affirms the science behind
the Bair Hugger system, which has been proven to be a safe and
effective way to warm patients during surgery. This litigation
stems directly from a decade-long campaign by a competitor to
malign the technology behind the Bair Hugger system. 3M is
grateful that the jury put science first."
That competitor is widely believed to be anesthesiologist Brent
Augustine, MD, an outspoken critic of forced-air warming who
actually invented the Bair Hugger warming blanket and intro-
duced it to great success in 1988. 3M took over the Bair Hugger in
2010 when it acquired Arizant, the company Dr. Augustine formed
to market the warming blankets.
Dr. Augustine now markets an air-free warming system called
the HotDog, so named because conductive polymer fabric inside
its blankets and mattresses warms the patient from above and
below simultaneously.
In letters sent to healthcare providers last August, the FDA said
it found no conclusive evidence to link the Bair Hugger to
increased risk of surgical site infections, and noted it was safe to
continue using the device when it is "clinically warranted" to do
so. — Mike Morsch
