8th Cir. Panel Upholds Dismissal of Bair Hugger Warming Device Case

MINNEAPOLIS — A federal appellate panel has upheld dismissal of a case alleging infection caused by a Bair Hugger warming device during hip implant surgery, agreeing with the lower court that the product liability claims are subsumed by the Ohio Products Liability Act.

On Aug. 5, the 8th Circuit U.S. Court of Appeals panel ruled that Ohio substantive law governs the case because Ohio, rather than Minnesota, has the more significant relationship to the action.

Ohio resident Nancy Axline underwent a left total hip arthroplasty on April 21, 2009, during which a Bair Hugger Forced Air Warming unit was used …