Design Defect Claims to Proceed to Trial in Bellwether Bair Hugger Warming Device Case

MINNEAPOLIS — In the first bellwether Bair Hugger warming device case set for trial, a federal judge has denied the defendants’ motion for summary judgment as to a majority of the claims, ruling that the expert testimony establishes a question of fact as to whether the device caused the plaintiff’s deep joint infection.

However, in the April 13 order, Judge Joan N. Ericksen of the U.S. District Court for the District of Minnesota awarded defendants 3M and Arizant Healthcare Inc. summary judgment on the plaintiff’s failure-to-warn claims, ruling that the available data would not have alerted a reasonable manufacturer that …