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Backbreaker - Outpatient Surgery Magazine - April 2019

Outpatient Surgery Magazine, providing current information on Surgical Services, Surgical Facility Administration, Outpatient Surgery News and Trends, OR Excellence and more.

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financial motives in mind. Augustine Surgical sold the Bair Hugger to Arizant in 2003, and now it's selling a compet- ing product, says 3M. Dr. Augustine has also tried to sell the HotDog system to 3M, say- ing "it would clean up their mess" to have an air-free warming product for implant patients. "Augustine created a 'prob- lem' with the Bair Hugger sys- tem, then helped create the research that attempts — but fails — to prove such a prob- lem exists," says 3M on its website defending the Bair Hugger. "Working with a Texas law firm, he helped develop the 'research' to sup- port the litigation now under way in Minnesota federal court." Thus far, the courts have sided with 3M, but the legal process is still unfolding. One bellwether case went to trial last year, and 3M pre- vailed after a couple hours of jury deliberation. In January, the Minnesota Court of Appeals upheld a decision to dismiss dozens of state cases against the company, writing "that the relevant scientific community has not accepted the novel scientific opinion that (forced- air warming devices) cause an increased risk of SSIs." 3M says more A P R I L 2 0 1 9 • O U T PA T I E N T S U R G E R Y. N E T • 4 5 • NOTHING PERSONAL "I don't have a vendetta against 3M," says Dr. Augustine. "I just want them to stop using my invention to stop causing infections." Pamela Bevelhymer, RN, BSN, CNOR

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