Last month, we wrote about the Bair Hugger warming blanket litigation and deep joint infections that resulted when the devices were used postoperatively following total joint arthroplasties. Since that time, the multidistrict litigation (MDL) Plaintiffs’ Steering Committee and the Defendants have each selected 16 cases out of a pool of 150 cases that were chosen randomly by Judge Joan N. Ericksen for purposes of bellwether trial selection.
Limited discovery will now begin on these 32 cases, which will include the parties obtaining medical records for the patients, as well as records from third parties such as the surgery centers where the procedures were performed. Once that process concludes, the parties will further narrow down the pool to a total of eight cases to be set for full discovery and those cases will eventually proceed to trial. The goal of this process is to select cases that are representative of all the filed cases, which will help encourage settlement negotiations by establishing high and low values. The first bellwether trial is currently scheduled to begin on Feb. 5, 2018.
Beasley Allen lawyers Matt Munson and Megan Robinson continue to investigate and file lawsuits related to 3M’s Bair Hugger warming device. To discuss a potential Bair Hugger claim, contact Matt or Megan at 800-898-2034 or by email at Matt.Munson@beasleyallen.com or Megan.Robinson@beasleyallen.com.
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