Gareis v. 3M Company, No. 18-3553 (8th Cir. 2021)Annotate this Case
The Eighth Circuit affirmed the district court's judgment in plaintiffs' case, which is part of the Bair Hugger multidistrict litigation (MDL). The court concluded that the district court did not abuse its discretion by excluding (1) evidence of 3M's knowledge of the risks and utility of the Bair Hugger and (2) evidence of reasonable alternative designs to the Bair Hugger besides the TableGard. Furthermore, even assuming the risk-utility and reasonable-alternative design evidence was erroneously excluded, plaintiffs failed to show that they suffered prejudice from the exclusion of the evidence. The court also concluded that the district court did not abuse its discretion by allowing 3M's expert to testify about operating-room airflow. Even if the admission of the testimony was erroneous, there was no basis to reverse the jury's verdict on this ground. Finally, the court concluded that the district court did not err in granting summary judgment to 3M on plaintiffs' failure-to-warn claim asserted under both negligence and strict-liability theories. The court explained that, even if the district court erred, the error was harmless.