Plaintiff's Motion For a New Bair Hugger Trial Rejected

  • Bair Hugger Mass Tort Medical Record Review and Outsourcing Services

In an order issued on October 27, Minnesota federal judge Joan N. Ericksen denied a couple's motion for a new trial in the first Bair Hugger bellwether case against 3M. The order stated that the court did not exclude evidence that would have helped the plaintiff prove the design defect in the warming blanket.

The plaintiff, Louis Gareis, from South Carolina sought to admit the evidence of the defendant's "knowledge of risk-utility." However, under South Carolina law, the focus in a strict liability "centers upon the alleged defectively designed product’’ and not the manufacturer's mental state. Plaintiff’s claims of negligence, failure to warn, deceptive trade practices, and misrepresentation were all dismissed on summary judgment in June 2018. Gareis suffered a deep joint infection in 2010 for which he underwent a total right knee replacement surgery when a 3M Bair Hugger warming blanket was used. In the lawsuit filed against 3M, Gareis blamed the defective design of the product which required him to undergo several antipsychotic treatments and revision surgery.

The second bellwether trial begins in December 2018, involving claims by Kurtis Skarr and his wife, Debbie, of Idaho. More than 4,467 hip and knee infection lawsuits are filed against the Bair Hugger warming blanket maker. Similar cases are consolidated into a multidistrict litigation (MDL 15-2666; In Re: Forced Air Warming Devices Products Liability Litigation) in the District of Minnesota.

We are social:

Accreditations

NSIC - CRISIL

NSIC-CRISIL has assigned a "SE 2A" rating to Neural IT, indicating a company with High Performanc...

ISO 27001 Certification

Neural IT is officially ISO 27001:2013 (ISO 27001) certified by Alcumus ISOQAR Limited as the Cer...

HIPAA

Neural IT has successfully implemented HIPAA for securing Health records....

Associations

NYSTLA

NYSTLA - "Neural IT is proud to be associated with NYSTLA (New York State Trial Lawyers Associati...

CAOC

CAOC - "Neural IT is proud to be associated with CAOC (Consumer Attorneys of California) as a Ven...

CAALA

CAALA - "Neural IT is proud to be associated with CAALA (Consumer Attorneys Association of Los An...

News & Events

sharing-smiles-sharing-happiness-on-national-smile-day-event-neural-it
Amidst the chaos of COVID-19 pandemic, we have something to cheer about as today is National Smile Day, and a smile is…
Happy Mother's Day from Neural IT
The cagey pandemic has halted our lives, but the only spirits that kept igniting during the crisis are the ones whom we…
Team Nerual IT Being Creative Remotely- image
Being quarantined doesn't stop one from being creative, but idleness does.

Latest Tweets