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Is There a Class Action Lawsuit Against the Makers of Bair Hugger?

Is there a class action lawsuit against the makers of Bair Hugger? The recent attention and controversy around the Bair Hugger blanket has made many wonder if there will be a class action lawsuit surrounding its usage.

Recently, there has been the consolidation of multi district litigation (MDL) involving Bair Huggers but that is not the same as a class action lawsuit. MDL proceedings arise when many actions involve similar factual questions. To conserve judicial resources, all cases are consolidated into one court (state or federal) and that court handles shared issues in discovery and other pre-trial matters. However, the cases are not merged into one and individual suits within the MDL case can arrive at different outcomes. Consolidation is only used to decide issues that are shared by many cases-not to decide the outcome of every case at once.

On the other hand, class action lawsuits occur when a narrow group of plaintiffs pursue an action on behalf of a larger group and, in this case, their results are binding on that larger group. To establish a class action pool, a court must certify that there are common questions of law and fact within the group, there are sufficient claims to justify deciding them in one lawsuit, the lead plaintiffs are representative of the entire group, and the lead plaintiffs represent the interests of the entire group.

So far there have been MDL proceedings but no class action lawsuits involving the Bair Hugger. To read more about the MDL case, click here:


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