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Bair Hugger Staph Infection Lawsuit

California Man Files Bair Hugger Staph Infection Lawsuit

Posted by Andrew Slania on

Raizner Slania has filed a Bair Hugger staph infection lawsuit on behalf of a California man against 3M Company and Arizant Healthcare. The plaintiff suffered from a serious infection as a result of using the device.

In April 2015, the plaintiff underwent surgery during which the Bair Hugger device was used throughout the procedure. Most patients experience hypothermia during operations, which can increase bleeding risks and lengthen hospital stays. The Bair Hugger is composed of a heating device and a blanket with holes. The heating device sucks in air from the operating room, heats it, and pushes the air through the holes in the blanket to regulate the patient’s body temperature.

Because of the Bair Hugger’s design, it not only introduces warm air but also delivers contaminants straight into a patient’s open surgical wound. The contaminants introduced into the plaintiff’s wound during surgery caused him to develop a deep joint infection. The pathogens identified were staphylococcus aureus and rare gram positive cocci.

Staphylococcus aureus, commonly called staph, is bacteria present in the nose, respiratory tract, and on the skin. However, when staph bacteria presents on an artificial joint, the resulting infection is very difficult to treat. Ordinarily, when the body detects bacteria, it triggers a response from the immune system to fight the bacteria. However, the body can’t detect bacteria present on an artificial joint, so the immune system isn’t triggered and an infection quickly develops.

As a result of the staph infection caused by the Bair Hugger, the plaintiff was forced to undergo extensive medical treatment, including aspirations, incision and drainage, irrigation and debridement, PICC line antibiotics, and multi-staged revision and replacement surgeries, including insertion and removal of an antibiotic spacer.

Not only has the plaintiff suffered physically and emotionally from the infection, but he has also suffered economic damages due to the cost of the extensive medical treatment required to fight his infection. The plaintiff believes 3M and Arizant are in breach of express warranty and that the Bair Hugger device is defective in its design and manufacture.

Get Help With Your Bair Hugger Staph Infection Lawsuit

Patients who underwent hip and knee joint surgeries that utilized the Bair Hugger warming blanket had a right to know of the infection risks associated with the device. If you suffered a deep joint infection after hip or knee surgery within the last five years, the experienced Bair Hugger lawyers at Raizner Slania LLP can investigate your claim and pursue compensation on your behalf. Call us today to schedule a free consultation.

Bair Hugger Staph Infection Attorneys

Oregon Woman Files Lawsuit After Bair Hugger Infection

Posted by Jeff Raizner on

Raizner Slania filed a lawsuit on behalf of an Oregon woman after she suffered a severe infection contracted during surgery caused by the Bair Hugger device. The plaintiff believes the manufacturers, 3M Company and Arizant Healthcare, failed to warn her of the infection risks associated with the device.

In October 2015, the plaintiff underwent surgery during which the Bair Hugger Forced Air Warming system was used during her left total hip arthroplasty. As a direct result of the Bair Hugger, contaminants were introduced into the plaintiff’s open surgical wound, causing her to develop a periprosthetic joint infection (PJI). The pathogen identified as the cause of the infection was staphylococcus aureus.

Staphylococcus aureus, more commonly referred to as staph, is a common infection found in hospitals that can be difficult to treat, particularly in joint replacement patients. Although the body is capable of fighting off most bacteria, bacteria present on artificial joints do not trigger the body’s immune system response. This makes post-surgical PJIs very dangerous for patients and can cause serious and life-threatening side effects.

As a result of the infection caused by the Bair Hugger warming blanket, the plaintiff was forced to undergo hip aspiration, irrigation and debridement, and long-term PICC line antibiotics to treat the infection.

While the plaintiff suffered physically from the infection caused by the Bair Hugger warming blanket, she also struggles economically with the cost of additional medical treatment necessitated by the infection the Bair Hugger caused.

The plaintiff alleges the Bair Hugger is defective in design and manufacture and that the companies committed consumer fraud and/or unfair and deceptive trade practices under Oregon state law.

What Is The Bair Hugger?

The Bair Hugger is a heating device used to regulate body temperature during surgery. The device consists of a pump pushing air through a blanket draped over the patient, dispersing the pumped air over the patient through tiny holes in the blanket. Unfortunately for patients, it is now believed the pump system can suck in airborne contaminants, push them over the patient’s body, and force them into open surgical wounds, causing infections.

Raizner Slania: Bair Hugger Staph Infection Attorneys

If you underwent a hip or knee joint replacement surgery within the last five years and suffered from a post-surgical infection, you may be able to obtain compensation for your injuries. Call the experienced Bair Hugger Staph Infection Attorneys at Raizner Slania today to learn your legal options and protect your rights.

Grieving Parents’ Lawsuit Exposes Lack of Concern, Misplaced Priorities within NCAA

Posted by Jeff Raizner on

The Washington Times recently published an in-depth article into the death of Derek Sheely, a fullback at Frostburg State University who collapsed during football practice and never regained consciousness. The official cause of death was traumatic brain injury.

Until an email arrived from a John Doe who identified himself as a teammate of Derek’s, the family thought the death was a tragic accident. John Doe told of negligence by Frostburg coaches, staff and a head coach who belittled Derek for complaining of a headache moments before he collapsed. A concussion test was never performed on Derek who had a head injury bandaged four times from the initial injury two days prior to his collapse.

All of this equals a tragedy but the lack of action by the university and NCAA catapult this to a tragedy that is unbelievable and could readily have been prevented. Derek’s mother wrote a letter to the president of the NCAA and received a four-paragraph reply of sympathies, and then coldly directed her to the organization’s health and safety website. The university promised an inquiry but at press time, no players on the field that day had been contacted for questioning by the school or NCAA. The head coach who told Derek to stop griping was revealed to have a slew of charges from drugs, and trespassing to driving under the influence. Video of the Derek collapsing has disappeared.

Most troubling is the climate around football and injuries. The motto of Frostburg’s team policy in 2011 was “great champions can distinguish between pain and injury.” Players who complained of injury had to clean the field after practice. The NCAA’s “bible” of regulations lists such details as logo size, how big a notecard may be and mentions recruits 495 times; concussions are given 195 words. In a deposition this year in an unrelated federal lawsuit, former NCAA director of health and safety admitted the concussion rule

ncaa class action

NCAA Concussion Lawsuits Filed

Posted by Jeff Raizner on

Research linking the repeated head injuries sustained in contact sports to Chronic Traumatic Encephalopathy (CTE) has existed for decades, however, it was thought to only affect boxers, who take repeated direct hits to the head during a fight. The past decade has seen advances in our understanding of CTE that show a direct link between other contact sports like football and CTE.

Despite the clear link between sports and CTE, many sports organizations like The National Collegiate Athletic Association (NCAA) have failed to implement appropriate safety protocols and to properly educate players on the risks of CTE.

This week, Raizner Slania filed six class action lawsuits asserting concussion claims against The National Collegiate Athletic Association (NCAA) and several Division 1 universities and athletics conferences for failing to implement proper safety protocols and for concealing the dangers of concussions to student-athletes. The classes of players for whom we filed suit including former athletes from Penn State University, Auburn University, University of Georgia, University of Oregon, University of Utah and Vanderbilt University.

These NCAA concussion lawsuits come just weeks after an appeals court upheld a settlement that provides retired NFL football players with compensation for brain injuries sustained during play. While these lawsuits and the NFL affirmation aim to compensate injured players, they are also establishing a legal responsibility for sports organizations to take care of their players. Despite the advances that have recently been made for former NFL players, however, the NCAA has remained recalcitrant in providing real relief to the young men and women who trusted this organization to look out for them.

Our firm represents many former athletes from a number of Division 1 and other major athletic programs. We expect that additional suits will be filed over the coming weeks and months, and will provide updates on the litigation on our blog and through our Facebook and Twitter pages.

NCAA Concussion Lawyers

If you or a loved one experienced brain trauma after suffering a head injury while playing for an NCAA regulated team or other college sports organization, please contact the attorneys at Raizner Slania. Our consultations are free and confidential, and we work on a contingency fee basis, meaning you owe us nothing unless we help you obtain compensation.

NCAA Injury Report of Held Players Documents the Number of Concussions Sustained by Collegiate

Posted by Jeff Raizner on

Covers.com released the injury report for this weekend’s college football teams and the number of concussions is staggering. The information from the injury reports is compiled from information released by the universities.

The following teams have reported concussions and will hold players due to the diagnosis:’

· Air Force Falcons
· Alabama Crimson Tide
· Alabama-Birmingham Blazers
· Arizona Wildcats
· Colorado State Rams
· Florida State Seminoles
· Georgia State Panthers
· Houston Cougars
· Indiana Hoosiers
· Louisiana State Tigers
· Marshall Thundering Herd
· Maryland Terrapins
· Mississippi State Bulldogs
· Navy Midshipmen
· Nevada Wolf Pack
· Northern Illinois Huskies
· Oregon Ducks
· South Carolina Gamecocks
· UCLA Bruins
· UL Lafayette Ragin’ Cajuns
· Utah Utes
· Wake Forest Demon Deacons
· West Virginia Mountaineers

If you or someone you love played football in the NCAA and is now suffering from long-term brain injury symptoms, please contact the attorneys at Raizner Slania.

Why the NCAA Has Greater Liability than the NFL

Posted by Jeff Raizner on

Although at the onset, the liability of the NCAA concerning head injuries seems to be similar to that of the NFL, one detail is significant: unlike their professional counterparts, student-athletes do not have the ability to negotiate labor practices. NCAA is supposed to be party protecting the student-athletes, while NFL players have employers and a union to look out for their interests.  This increased responsibility to student athletes means the NCAA is legally responsible in the courts when they fail to protect athlete safety, as they unfortunately have done for so many years.

The crux of the argument for many former student-athletes is the painstaking detail the NCAA goes into for all aspects of sports- from regulating the type of cream cheese athletes are allowed to how recruits can be contacted; the NCAA has a regulation on everything but concussion management. One former player pointed out the lack of NCAA attention when discussing his medical bills. Had a booster paid the medical bills, sanctions would have resulted.

Emails included as evidence in one lawsuit against the NCAA exhibit their lack of concern for head injuries. When asked if concussion recommendations at the youth level exceeded what was required at the college level, the director of health and safety replied, “”Well since we don’t currently require anything all steps are higher than ours.”

From 2004-2009, the NCAA injury reports estimate more than 16,000 football players suffered concussions. In addition to that large number of potentially life-changing injuries, the NCAA provided partial funding for head injury research and knew the results as early as 2003.

The NCAA has a duty to protect student-athletes. The association gains financially each year from these players yet provides nothing after they graduate and resume normal life. The attempt to shift the development of concussion protocols to individual schools is nothing more than an attempt to avoid responsibility.