By Joe G. Hollingsworth and Caroline Barker

Joe G. Hollingsworth is a Partner with Hollingsworth LLP and is the WLF Legal Pulse’s Featured Expert Contributor on Litigation Strategies. Caroline Barker  is an Associate with Hollingsworth LLP.

U.S. District Judge Joan Ericksen extinguished an entire federal multidistrict litigation and breathed life into the Court’s gatekeeping duty to guard against unreliable science when it excluded unfounded expert testimony in In re Bair Hugger Forced Air Warming Devices Products Liability Litigation, MDL No. 15-2666, 2019 WL 4394812 (D. Minn. July 31, 2019).  More than 5,800 plaintiffs sued 3Mthe manufacturer of Bair Hugger—which warms patients during knee surgery through a blanket filled with heated forced air—alleging that the forced air escaped the blanket and created turbulence in the operating room, stirring bacteria-carrying dust and causing periprosthetic joint infection when the dust reached the surgical site.