Product Liability Claims Dismissed in Bair Hugger Infection Case; Consumer Protection Claims Survive

MINNEAPOLIS — A Minnesota federal judge has dismissed claims of design and manufacturing defect, negligence and breach of warranty in a case alleging infection caused by a Bair Hugger warming device, ruling they are subsumed by the Ohio Products Liability Act.

However, in the Sept. 10 order, Judge Joan Ericksen of the U.S. District Court for the District of Minnesota declined to dismiss the claims alleging violation of Minnesota consumer protection statutes, saying they are not barred by the OPLA and are adequately pled.

Ohio resident Nancy Axline underwent a left total hip arthroplasty on April 21, 2009, during which …