Bair Hugger Staph Infection

Colorado Couple File Bair Hugger Staph Infection Lawsuit

Raizner Slania has filed a Bair Hugger Staph infection lawsuit on behalf of a Colorado couple against 3M Company and Arizant Healthcare after the wife suffered a severe infection.

In December 2011, the plaintiff underwent a right total knee arthroplasty in which the Bair Hugger warming blanket was used throughout the scope of the procedure. The Bair Hugger caused contaminants to be introduced into the plaintiff’s open surgical wound, causing the development of a deep joint infection or DJI. The pathogen identified was staphylococcus aureus.

Staphylococcus aureus (S. aureus) is known commonly as a staph infection. S. aureus is a gram-positive, round-shaped bacterium, meaning it has very thick cell walls. These thick walls can make S. aureus difficult to treat. When on the skin, S. aureus can cause swelling, boils, pimples, and other staph infections. However, when S. aureus is inside the body it can cause life-threatening infections like pneumonia, meningitis, and bacteremia, among others.

As a result of the infection caused by the Bair Hugger, the plaintiff was forced to undergo extensive medical treatment including multiple irrigation and debridements with synovectomy and polyethylene exchanges and long-term PICC line antibiotics.

Why Are DJIs So Dangerous?

Ordinarily when bacteria are present in the body, it triggers an immune system response which helps fight the infection. However, when bacteria are present on artificial joints it doesn’t trigger an immune system response, meaning the bacteria can go unchecked and cause life-threatening conditions.

The Bair Hugger is used to regulate a patient’s body temperature during surgery, but a defect in its design allows contaminated air to be spread over open surgical wounds. This distributes bacteria onto artificial joints and causes difficult-to-treat infections.

The plaintiffs allege they were never warned about the dangerous infection risk associated with Bair Hugger by the manufacturers. Not only has the plaintiff wife suffered physically, but the couple has also suffered financially. The plaintiffs had the right to know about all risks associated with the Bair Hugger prior to its use.

Bair Hugger Staph Infection Attorneys 

If you or someone you love sustained an infection from a hip or knee joint surgery within the last five years, you may be able to hold 3M and Arizant responsible. Contact the Bair Hugger staph infection attorneys at Raizner Slania today for a free consultation to discuss your case.

Commercial Fire Damage Lawyers

Industrial Building Owner Files Lawsuit After Insurance Denial

Our client, an industrial building owner, has filed a lawsuit against Rockhill Insurance Company, International Insurance Company Hannover SE, Antares AUL 1274, Liberty Syndicated LIB 4472, and Vericlaim Inc.

January 2017 Fire

On January 1, 2017, the plaintiff’s property suffered severe damage from a fire that broke out on the property. Immediately upon discovering the damage, the plaintiff filed an insurance claim and asked that the cost of repairs be covered pursuant to the policy.

On February 14, 2017, authorized adjusting representatives from Vericlaim confirmed that the damages were covered under the policy and approved payment for the damage in an official insurance company estimate of damages. On the same day, plaintiffs accepted the estimate of damages creating a binding and enforceable agreement. This should have led to the conclusion of the claim.

Rockhill, Hannorver, Antares, and Liberty are the insurers on the property. In response to the fire claim, the carriers assigned adjusters, consultants, and agents to the plaintiff’s file that were inadequately and improperly trained. In addition, these representatives violated standard insurance practices when directed by the carriers.

Specifically, the claim was assigned to an adjuster who originally prepared the accepted estimate of damages. The carriers refused to honor their coverage representation, and the adjuster failed to stand by the commitment he had made on behalf of the carriers.

Adjusters on the claim failed to perform a thorough investigation of the claim and instead delayed the claim payment and pointed to an approved vendor report in order to reach the non-payment outcome that they desired.

After the February 14 estimate of damages, the carriers and their administrators engaged in deceptive and unfair claim practices by attempting to leverage the claim amount that they knew they owed. The carriers and the adjusters on the claim ignored the promises they made on the claim payment and attempted to invoke appraisal as part of an unlawful negotiating process.

Because the carriers and adjusters confirmed coverage and the undisputed amount owed on the claim to plaintiff on February 14, 2017, they waived any right to later disclaim coverage and put the entire claim in an expensive and wasteful appraisal process.

As a result, the carriers crossly underpaid the claim and the plaintiff has still not been fully paid under the policy. The plaintiff was forced to hire a consultant to properly evaluate the property damage because the carriers refused to do so.

On June 14, 2017, the carriers attempted to place this matter into appraisal, which is in direct violation of the Texas Insurance Code, the common law duty of good faith and fair dealing, and is in breach of their contractual commitments. To put it simply, the carriers chose to act unreasonably in refusing to issue the claim payment their authorized representative confirmed and the plaintiff accepted.

Because of the carriers’ wrongful denials, the plaintiff has been unable to make necessary repairs to the property, which has caused additional damage.

The Carriers Acted In Bad Faith

Our client alleges numerous violations of the Texas Insurance Code, including the failure to effectuate a prompt, fair, and equitable settlement of a claim and misrepresentation of the insurance policies under which it affords property coverage to the plaintiff. The plaintiff also states the carriers are in breach of the insurance contract and have violated the Deceptive Trade Practices-Consumer Protection Act.

Commercial Fire Damage Lawyers

Insurance companies will often do anything to avoid paying out on claims. When an insurance company operates in bad faith, you will need experienced commercial fire damage lawyers to help you get what you are rightfully owed under your policy. If your insurance company is denying, delaying, or under-paying your fire damage claim, contact Raizner Slania immediately.

Bair Hugger E. Coli Infection

Nevada Man Files Bair Hugger E. Coli Infection Lawsuit

Raizner Slania has filed a Bair Hugger E. Coli infection lawsuit on behalf of a Nevada man after he sustained an infection from the device. The Nevada man claims the manufacturers, 3M Company and Arizant Healthcare, failed to warn him of the infection risk associated with the device.

In October 2014, the plaintiff underwent a right total knee replacement surgery in which the Bair Hugger warming blanket was used throughout the scope of the procedure. The Bair Hugger is designed to regulate a patient’s body temperature by dispersing air into a blanket with holes draped over the patient. Because of this design, the Bair Hugger has the potential to suck up air with contaminants and force the air into a patient’s open surgical wound.

As a direct result of using the Bair Hugger, contaminants were introduced into the plaintiff’s open surgical wound that caused him to develop a periprosthetic joint infection (PJI) also known as a deep joint infection (PJI). The pathogen identified was E. Coli bacteremia.

Escherichia Coli or E. Coli as it is more commonly known, can cause a variety of infections, including meningitis and streptococcal infections. E. Coli might best be known for causing food poisoning, E. Coli joint infections can cause serious side effects, like septic arthritis, osteomyelitis (inflammation of the bone), and endocarditis (an infection in the heart’s lining).

The plaintiff was forced to undergo extensive treatment to fight the E. Coli infection, including multi-staged removal and revision arthroplasties, aspiration, extensive irrigation and debridements, placement and removal of antibiotic spacers, long-term PICC line antibiotics. The plaintiff suffered additional complications from his medical treatment, including anemia and acute renal failure.

The plaintiff suffered physically from his infection caused by the Bair Hugger and economically due to the cost of extensive medical treatment. The plaintiff alleges the Bair Hugger is defective in both design and manufacture and that 3M and Arizant have committed consumer fraud and/or engaged in unfair and deceptive trade practices under Nevada state law.

Bair Hugger E. Coli Infection Lawyers

If you suffered an E. Coli infection or any other type of infection after a hip or knee joint surgery within the last five years, you may be able to file a claim against the Bair Hugger manufacturers. Call the experienced Bair Hugger E. Coli infection lawyers at Raizner Slania today for a free consultation to discuss your case.

Texas Insurance Lawyers

Harris County Retail Building Owner Files Insurance Lawsuit

Our client, a retail building owner, has filed an insurance lawsuit against Lexington Insurance Company, Clear Blue Specialty Insurance Company, Arch Specialty Insurance Company, James River Insurance Company, Landmark American Insurance Company, Aspen Specialty Insurance Company, Sompo American Insurance Company, and McLarens, Inc. The carriers wrongfully denied the plaintiff’s commercial hail damage insurance claim under Texas law.

June 2013 Hailstorm

On June 5, 2013, the plaintiff’s property was substantially damaged by a wind and hailstorm that swept through Harris County. The storm caused damage to the roof, HVAC, exterior, and interior of the property. Immediately upon discovering the damage, the plaintiff filed an insurance claim with the carriers for damages caused by the storm.

In response to the claim, the carriers assigned adjusters, consultants, and agents to the plaintiff’s file that were inadequate and improperly trained. Specifically, the carriers assigned the claim to McLarens, Inc. who in turn assigned the claim to an employee.

McLarens and its employee failed to perform a thorough investigation of the claim. The employee performed a substandard inspection of the property, failed to prepare any estimates or scopes of damages to the property, and/or failed to provide them to the insured. The employee falsely claimed the damage was merely cosmetic, however an adequate investigation would have proved otherwise.

Based on the employee’s haphazard investigation, the carriers grossly underpaid and wrongly denied the plaintiff’s insurance claim. The carriers represented to the plaintiff that some damages were not covered under the policy, when in fact they were. The plaintiff was forced to hire its own consultant to independently evaluate the damages to the property because the carriers refused to do so.

Violations of the Texas Insurance Code

Our client alleges the carriers violated the Texas Insurance Code by failing to effectuate a prompt, fair, and equitable settlement of a claim, failing to adopt and implement reasonable standards for prompt investigation of a claim, and failing to affirm or deny coverage of a claim within a reasonable time.

Texas Insurance Lawyers

When you pay your premium, you deserve to be compensated by your insurance company in the event of natural disaster. If your insurance carrier delayed, denied, or undervalued your claim, the Texas insurance lawyers at Raizner Slania can help. Call us today for a free consultation to discuss your case.

Hail Damage Insurance Lawsuit

Denton County Gas Station Files Hail Damage Insurance Lawsuit

Raizner Slania has filed a bad faith insurance lawsuit on behalf of a Denton County gas station and convenience store after Nationwide Property & Casualty Insurance Company wrongfully denied its commercial hail damage insurance claim.

March 2016 Hailstorm

On March 23, 2016, a wind and hailstorm swept through Denton County, Texas. As a result, the plaintiff’s property was substantially damaged, including damage to the roof, exterior, interior, products, and other business property. Immediately upon discovering the damages, the plaintiff filed an insurance claim with Nationwide to cover the cost of repairs pursuant to the policy.

In response to the claim, Nationwide assigned adjusters, consultants, and agents to the plaintiff’s file that were inadequate and improperly trained. Specifically, Nationwide assigned the claim to an adjuster who was charged with the responsibility of assessing the damages. The adjuster performed a haphazard investigation of the damages and prepared a grossly undervalued estimate of damages to the structure that ignored obvious damages to the property. Additionally, the adjuster failed to engage appropriate, non-biased consultants to evaluate the damage.

Nationwide relied solely on the adjuster’s incomplete and inadequate investigation to determine what amounts to pay on the claim. As a result, the plaintiff was grossly underpaid for the cost of repairs and has been unable to complete repairs to the property. Nationwide misrepresented coverage under the policy to the plaintiff, stating that certain damages were not covered, when in fact they were.

Nationwide Violated The Texas Insurance Code

Our client cites numerous violations of the Texas Insurance Code, including failure to effectuate a prompt, fair, and equitable settlement of a claim and failure to implement reasonable standards for the investigation of claim. Additionally, our client alleges Nationwide violated the Deceptive Trade Practices-Consumer Protection Act (DTPA), which provides additional protections to consumers who are the victims of deceptive, improper, or illegal practices.

Know Your Rights As A Policyholder

If your gas station or convenience store has suffered hail damage, your insurance company should pay to cover the cost of repairs. Unfortunately many insurance companies try to find ways to minimize payouts. When this happens, you will need an experienced Texas insurance lawyer to help you get your rightful compensation. If you are facing a dispute over an insurance claim, contact Raizner Slania today to discuss your rights.

Bair Hugger Infection Attorneys

South Carolina Couple File Bair Hugger Infection Suit

Raizner Slania has filed a lawsuit on behalf of a South Carolina couple against 3M Company and Arizant Healthcare after the husband suffered an infection from the Bair Hugger warming blanket.

In February 2014, the plaintiff underwent a left total knee replacement in which the Bair Hugger was used throughout the scope of the procedure. Because most patients experience hypothermia during surgery, the Bair Hugger warming blanket is used to regulate body temperature. While regulating body temperature can help reduce bleeding risks and shorten hospital stays, a defect in the Bair Hugger’s design allows contaminated air to be pushed into a patient’s open surgical wound, causing infections.

During the plaintiff’s surgery, contaminants were introduced into the his open surgical wound that caused him to develop a deep joint infection or DJI. The pathogen identified was Methicillin-sensitive Staphylococcus aureus (MSSA) and a rare gram positive cocci.

MSSA is a type of the common Staph infection that can naturally be found on the skin or in the nose. However, when MSSA is introduced into an open surgical wound, it can lead to severe and potentially fatal infections. MSSA can cause a variety of dangerous complications like septicemia or infection of the blood.

MSSA can be extremely difficult to treat when it causes a deep joint infection. While the presence of bacteria usually triggers the body’s immune system response, if the infection is present on an artificial joint it will not trigger a response.

As a result of the infection caused by the Bair Hugger, the plaintiff was forced to undergo knee aspiration, extensive irrigation and debridement with hardware exchange, and long-term PICC line antibiotic therapy.

The plaintiff has suffered severely from the infection both physically and financially with the cost of extensive medical treatment. The South Carolina couple asserts 3M and Arizant failed to warn them of the infection risks associated with the device and that the device is defective in design and manufacture.

Bair Hugger Infection Attorneys

If you or someone you love suffered an infection after a hip or knee joint surgery, you may able to obtain compensation for your injuries. The experienced Bair Hugger infection attorneys at Raizner Slania can help you understand your legal options and pursue compensation on your behalf. Call us today to schedule a free consultation.