Judge Tosses 5,000+ Lawsuits Over 3M's Bair Hugger Surgical Blankets
On Wednesday, U.S. District Judge Joan Ericksen of Minnesota granted 3M’s motion to exclude the plaintiffs’ general causation experts, effectively ending an MDL over Bair Hugger surgical blankets.
August 01, 2019 at 12:10 PM
4 minute read
A federal judge has granted summary judgment against more than 5,000 lawsuits over 3M surgical warming blankets after she tossed the plaintiffs’ experts.
On Wednesday, U.S. District Judge Joan Ericksen of the District of Minnesota granted 3M’s motion for summary judgment that sought to exclude the plaintiffs’ general causation experts. The lawsuits, coordinated in multidistrict litigation, had alleged that the Bair Hugger Forced Air Warming system increased the risk of infection.
“There is no legitimate scientific support for the plaintiffs’ theory,” said Todd Fruchterman, general manager of 3M Medical Solutions Business, in a statement Thursday. “Most importantly, we want physicians and patients to understand that the practice of patient warming is supported by leading health care institutions, professional societies and the U.S. Food and Drug Administration. Our industry-leading 3M Bair Hugger system has been proven to be a safe, effective and efficient method of delivering patient warming therapy.”
Co-lead plaintiffs attorneys Genevieve Zimmerman of Meshbesher & Spence in Minneapolis and Gabriel Assaad of Kennedy Hodges and Kyle Farrar of Farrar & Ball, both in Houston, did not respond to requests for comment.
The U.S. Judicial Panel on Multidistrict Litigation coordinated the MDL over the Bair Hugger in 2015. Last year, a federal jury sided with 3M in the first bellwether trial, which ended in a defense verdict.
After trial, 3M filed a motion for Ericksen to reconsider a 2017 order on summary judgment. In its renewed motion for summary judgment, filed on Jan. 24, 3M cited newly released scientific research that refuted claims from plaintiffs’ attorneys that the Bair Hugger disrupts a protective “forcefield” around patients during surgery, an idea that plaintiffs’ own expert called “absolute rubbish” and “silly” during the first bellwether trial.
In a Feb. 21 response, plaintiffs’ attorneys countered there was no “new groundbreaking evidence” refuting their experts’ opinions and that 3M had engaged in a “game of semantics” and “thrown up yet another smokescreen of mischaracterizations and faux science in a blatant attempt to re-litigate settled issues of general causation.”
Ericksen ordered both sides to provide more details in a May 6 order, such as addressing the newly released scientific research and providing any studies excluding other causes of infection during surgeries.
That prompted 3M to criticize the “built-for-litigation methodology” of plaintiffs’ experts, citing the U.S. Court of Appeals for the Fourth Circuit’s ruling last year tossing the plaintiffs’ experts in 3,128 lawsuits over Pfizer’s cholesterol drug Lipitor.
“Plaintiffs’ science is manufactured for the courtroom. It is not real science, it is not reliable, and it should be excluded,” wrote Benjamin Hulse, a partner at Blackwell Burke in Minneapolis, in a May 16 brief.
In their own May 16 brief, plaintiffs’ attorneys said the judge’s questions focused on specific, not general causation, and noted that a federal magistrate judge rejected their request earlier this year to depose the authors of the new scientific research that 3M cited.
On Wednesday, Ericksen granted 3M’s motion for summary judgment to exclude plaintiffs expert testimony. She directed the court clerk to enter judgment on “all remaining member cases in this MDL.”
Her memorandum outlining her reasons was under seal, but her order said she would unseal the document after lawyers on both sides submit suggestions for redactions by Aug. 6.
According to 3M’s press release, a Minnesota Court of Appeals decision six months earlier had upheld dismissal of 61 other Bair Hugger cases in state court.
The ruling has no impact on two cases remaining in state courts—one in Missouri, and one in Texas. It also comes after lawyers in the MDL have lobbed sanctions against one another, with 3M accusing plaintiffs attorneys of disclosing sealed documents as part of a motion to compel in the Texas state court case.
A federal magistrate judge in Minnesota heard arguments July 16 but has yet to rule on the sanctions motions.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllDivided State Court Reinstates Dispute Over Replacement Vehicles Fees
5 minute readAm Law 200 Firm to Defend PUMA in Latest Quarrel Over Patented Shoe Technology
Apple Asks Judge to 'Follow the Majority Practice' in Dismissing Patent Dispute Over Night Vision Technology
Who Got the Work: 16 Lawyers Appointed to BioLab Class Action Litigation
4 minute readTrending Stories
- 1Gibson Dunn Sued By Crypto Client After Lateral Hire Causes Conflict of Interest
- 2Trump's Solicitor General Expected to 'Flip' Prelogar's Positions at Supreme Court
- 3Pharmacy Lawyers See Promise in NY Regulator's Curbs on PBM Industry
- 4Outgoing USPTO Director Kathi Vidal: ‘We All Want the Country to Be in a Better Place’
- 5Supreme Court Will Review Constitutionality Of FCC's Universal Service Fund
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250