Man Suffers Amputation Due to Allegedly Defective Device, Files Suit

A veteran of both the New Orleans Police Department and the Vietnam War is suing 3M Co. due to an alleged defect in its Bair Hugger Blanket Device that lead to the amputation of his leg.

Lee Edward Peyton filed suit in the U.S. District Court for the Eastern District of Louisiana on March 4 against 3M Co. and Arizant Healthcare Inc., alleging breach of express warranty, design defect, and liability under the Louisiana Products Liability Act.

According to the suit, Peyton underwent total knee joint replacement surgery in his left knee at Omega Hospital in Jefferson Parish.  During the surgery, a Bair Hugger blanket was used keep Peyton warm.  The device utilizes a portable heater/blower connected by a flexible hose to a disposable blanket that is placed on or under a patient to keep them warm by blowing hot air through the tube and blanket onto the patient.

After the surgery, Peyton claims that he developed severe pain and swelling in his knee.  The area around the surgery site also produced puss and a foul smell immediately following the operation.  As a result of these complications, the knee implant failed and Peyton had numerous related medical emergencies, including six more surgeries, the removal of the knee joint, and, subsequently, the amputation of his left leg just below the hip.

Peyton alleges that the Bair Hugger blew contaminants onto his open surgical wound, which caused him to contract a methicillin-resistant Staphylococcus aureus infection, commonly known as Staph or MRSA, in his left knee which caused the aforementioned complications.  Peyton maintains that the Bair Hugger blanket device was defective and that defendants had knowledge of the defect, but misled both the public and the FDA about the effectiveness and safety of the device.  The complaint states that defendants reduced the efficiency of their device between 2002 and 2009, which allowed pathogens to accumulate in the airways due to the reduced blower.

The attorneys at Broussard & David have the knowledge and experience necessary to handle cases of this nature and will fight to obtain fair compensation for your injuries. If you or a loved one has suffered harm as a result of the negligence of another, contact the attorneys at Broussard & David to discuss your legal rights at (337) 233-2323 (local) or (888) 337-2323 (toll-free).

Super Lawyers
Multi-Million Dollar Advocates Forum
National Board of Trial Advocacy
Million Dollar Advocates Forum
Martindale-Hubbell
The National Trial Lawyers