MDL Plaintiffs to Appeal Dismissal of 89 Bair Hugger Injury Cases

MINNEAPOLIS — Plaintiffs in the MDL for cases alleging injuries caused by 3M Co.’s Bair Hugger Warming Unit are appealing the dismissal of 89 cases for failing to timely file a suggestion of death, as required by Pretrial Order No. 23.

Plaintiffs filed a notice of appeal with the 8th Circuit U.S. Court of Appeals on Sept. 6, explaining that they will challenge Judge Joan N. Ericksen of the U.S. District Court for the District of Minnesota’s Aug. 5 ruling that that there is good cause for enforcing PTO No. 23 and that it is not unconstitutional.

The Bair Hugger, …