8th Cir. Upholds Defense Verdict in Bair Hugger Warming Device Case

MINNEAPOLIS — A federal appeals panel has refused to overturn a defense verdict in a Bair Hugger Forced Air Warming System case, finding the plaintiffs were not prejudiced by the trial court’s exclusion of evidence of 3M Co’s knowledge of the device’s risks and utility.

In an Aug. 17 order, the 8th Circuit U.S. Court of Appeals panel further ruled that the trial court did not abuse its discretion by allowing 3M’s expert, Dr. John Abraham, to testify about operating-room airflow.

On Nov. 9, 2010, Louis Gareis underwent right total knee replacement surgery during which the Bair Hugger was used. …