Defendants in Bair Hugger Warming Device MDL Seek Dismissal of 53 Cases

MINNEAPOLIS — 3M Co. and Arizant Healthcare Inc. have asked a Minnesota federal judge to dismiss 53 cases in the Bair Hugger Warming Device multidistrict litigation, arguing the plaintiffs failed to comply with the court’s deadlines as to filings for suggestions of death and motions to substitute.

In a Feb. 14 motion filed before Judge Joan Ericksen of the U.S. District Court for the District of Minnesota, defendants contend that counsel for the deceased plaintiff must file a suggestion of death within 90 days of the entry of PTO 23 or the death of the plaintiff, whichever is later.