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