Werth v. Hill-Rom, Inc.

856 F. Supp. 2d 1051, 88 Fed. R. Serv. 220, 2012 WL 1379660, 2012 U.S. Dist. LEXIS 65259
CourtDistrict Court, D. Minnesota
DecidedApril 18, 2012
DocketCiv. No. 10-2235 (RHK/FLN)
StatusPublished
Cited by14 cases

This text of 856 F. Supp. 2d 1051 (Werth v. Hill-Rom, Inc.) is published on Counsel Stack Legal Research, covering District Court, D. Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Werth v. Hill-Rom, Inc., 856 F. Supp. 2d 1051, 88 Fed. R. Serv. 220, 2012 WL 1379660, 2012 U.S. Dist. LEXIS 65259 (mnd 2012).

Opinion

MEMORANDUM OPINION AND ORDER

RICHARD H. KYLE, District Judge.

INTRODUCTION

On January 21, 2008, M.W. was born at Mercy Hospital in Coon Rapids, Minnesota, to Plaintiffs Justin and Melissa Werth. Shortly after his birth, M.W. was prescribed supplemental oxygen therapy due to a respiratory condition; he was immediately moved to a nursery, where his head was was placed under an oxygen hood and he was laid in a bassinet under a baby warmer, Stabilet model 1250A, manufactured by Defendant Hill-Rom, Inc. (“Hill-Rom”). Early the following morning, a nurse was checking M.W.’s vital signs, and as she leaned toward him with a stethoscope, a fire erupted in the bassinet. Nurses quickly removed M.W. and extinguished the flames, but not before he had suffered severe burns.

Plaintiff Allina Health System (“Allina”), Mercy Hospital’s owner, assembled a team of five experts to determine the fire’s cause. After conducting a time-consuming (and expensive) investigation, the team opined that a hot particle had broken from the baby warmer and fallen into the bassinet, igniting the flammable materials (blankets and the like) below. Together, the Werths and Allina (collectively, “Plaintiffs”) then commenced this action against Hill-Rom, asserting claims for strict products liability, breach of warranty, and negligence.

With discovery complete, Hill-Rom now moves to exclude the causation opinion offered by Plaintiffs’ experts, pursuant to Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993). For the reasons that follow, its Motion will be granted.1

BACKGROUND

I. The incident baby warmer (Hill-Rom Stabilet Model 1250A)

Allina purchased the incident baby warmer from Hill-Rom in 1994. (Doc. No. 94, Ex. F.) It is in the shape of an inverted “L.” (Id. Ex. A at 6.) The vertical portion of the “L” is referred to as the “column,” and a “heater element assembly” (sometimes referred to as the “warmer head”) extends perpendicularly from the top of the column, radiating heat downward toward a bassinet below. (Id.) The side of the heater element assembly closest to the vertical column is referred to as the “column side,” while the opposite end is referred to as the “front side.”

For purposes of the instant Motion, the key components of the heater element assembly are the “heating element” and its incorporated and adjacent parts. The heating element is a hollow, cylindrical quartz tube shaped much like a fluorescent light bulb. (Id. at 172-73.) Passing through the quartz tube is a wire that heats the tube when connected to electricity. (Id.) The heat emitted from the tube rises upward and is then reflected down to the bassinet by a metal heat shield (or “reflector”), which sits above the heating [1054]*1054element and is shaped like an upside-down “U.” {Id. at 172,179.)

On each end of the quartz tube is a ceramic “end cap.” One side of the end cap is open (into which the end of the quartz tube is inserted), and the other side of the end cap contains a spring-loaded “male” electrical contact. {Id. at 172-74.) The quartz tube and its end caps are inserted into electrical contacts embedded in the heater element assembly’s housing, resulting in the tube being held in place above the bassinet by tension from the springs in the end caps. {Id.) In addition, the heating element has a slight downward orientation from the front side to the column side-that is, the front side is slightly higher than the column side. The quartz tube, therefore, rests inside the warmer head on an angle approximately 6° below horizontal. (Kemal Dep. at 112-14.)2

Records from the U.S. Food and Drug Administration disclose that certain Hill— Rom baby warmers, including the type at issue here, were recalled in the early 1990s. (Doc. No. 94, Ex. A at 166.) In several instances, hot particles were noted to have fallen from the heating element into the bassinet below, causing burns or melting holes, although no injuries or fires were reported. {Id.) As a result, in May 1994, Hill-Rom modified the design of its baby warmers to include protective “end covers.” End covers are small metal plates with vertical “lips” that attach to the heater element assembly, resting below the quartz tube’s end caps. {Id. at 167; Kemal Dep. at 75-76.) The end covers are intended to catch particles that might break off the end of the quartz tube. No similar incidents have been reported after this modification, and it is undisputed that these end covers were installed on the baby warmer at issue in this case. (Doc. No. 94, Ex. A at 167; Doc. No. 128, Ex. 11; Kemal Dep. at 76.)

II. The actions following the fire

Immediately after the fire, hospital staff secured the incident baby warmer, bassinet, and all other items being used by M.W. (blankets, IV tubes, oxygen hood, etc.), locking everything in a secure room with controlled access. (Doc. No. 94, Ex. A at 2.) A short time later, the Coon Rapids Fire Department and the Office of State Fire Marshal examined the scene, resulting in some of these items being moved. The conclusions reached by the Fire Department and State Fire Marshal (if any) are undisclosed in the record. Following that examination, however, Ahina re-secured the evidence and then retained a team of experts to develop an investigation protocol and determine the fire’s cause. {Id. at xxiii, 2.)3

[1055]*1055The team first invited “all interested parties,” including Hill-Rom, to attend a physical inspection of the accident scene and the evidence. (Id. at xxiii.) As part of that inspection, hundreds of photographs were taken of the incident baby warmer and the items inside the bassinet, as well as the nursery where the fire occurred. Over the next several months, the team conducted a bevy of laboratory tests on both the incident baby warmer and exemplar warmers, including metallurgical testing, chemical analyses, microscopic examinations, and temperature and electronics testing. (See generally id. at 3-13.) The team also performed a number of experiments that included reconstructing the accident scene and testing the medical and electrical devices connected to the incident warmer (or exemplars thereof). (Id.) Ultimately, the team prepared a 296-page report (the “Report”), including dozens of appendices, detailing its examinations, findings, and conclusions. (Doc. No. 94, Ex. A.)

In addition to gathering and examining the evidence, the team considered several hypotheses as to the fire’s cause. (Id. at xxiv.) It analyzed burn patterns in the bassinet to determine where ignition occurred and what ignition sources were present in that location. (Id.) It considered several possible sources, including electro-static discharge (“ESD”) from the nurses tending to M.W., malfunction of a medical device in the vicinity of M.W. (other than the warmer), unstable or reactive chemicals, and the incident warmer itself. (Id.

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856 F. Supp. 2d 1051, 88 Fed. R. Serv. 220, 2012 WL 1379660, 2012 U.S. Dist. LEXIS 65259, Counsel Stack Legal Research, https://law.counselstack.com/opinion/werth-v-hill-rom-inc-mnd-2012.