da Vinci Robot Lawsuit
FDA-approved for use in the United States since 2000, the da Vinci robot is used in a wide variety of laparoscopic, gynecologic and urologic surgeries, including gall bladder and prostate removal, heart surgeries, hysterectomies and thyroid operations. Marketed by Intuitive Surgical, Da Vinci robotic surgery is a remote controlled system that is intended to give surgeons better range of movement in a host of minimally invasive procedures. The Da Vinci robot was also promoted as a means to help speed recovery and minimize blood loss during surgical treatment. However, the instrument has not always been successful in achieving that end.
While such innovations in medical technology are aimed to improve patient care and health, patients all over the country who have experienced a bad result are seeking the advice of personal injury lawyers. The legal team of The Sanders Firm is currently evaluating the experiences of those who have suffered injuries after having robotic surgery.
Who can file a Da Vinci robot lawsuit?
The Sanders Firm understands that da Vinci robotic surgery carries huge risks and has resulted in numerous botched surgeries in hospitals across the country. To date, the Food and Drug Administration (FDA) has received more than 4,600 adverse event reports associated with the robotic system. Even more disturbing, a new report published by Citron Research has identified more than 80 deaths related to the Da Vinci robot. Victims with organ damage, surgical burns or other serious harm have sought damages through filing a robotic surgery lawsuit against the maker of the da Vinci robot, Intuitive Surgical. Plaintiffs are requesting compensation for past and future medical expenses, lost wages, diminished earning capacity, rehabilitation, pain and suffering, and more.
Da Vinci robot: defective device?
In 2011 the da Vinci system manufacturer, Intuitive Surgical, grossed some $233 million selling the device to hospitals, many of which are under immense pressure to stay competitive by offering cutting-edge technologies to their patients. Intuitive Surgical has installed more than 2,460 robot systems in nearly 2,000 hospitals worldwide and it’s estimated that over 200,000 Da Vinci robotic surgery procedures are performed every year, the most common being:
- Gastric bypasses
- Gall bladder removals
- Thyroid cancer surgeries
- Prostate removal
Patients who have filed a Da Vinci robot lawsuit claim the system has serious design flaws. A product liability lawyer may argue that that the Da Vinci is not only a defective medical device, but that a lack of sufficient physician training is also to blame for patient injuries.
Injuries resulting from Da Vinci robotic surgery
Individuals who have filed lawsuits from da Vinci robot complications have cited injuries including:
- Ureter cuts
- Organ puncture
- Internal burns
- Tears of blood vessels and intestines
- Severe bowel injuries
- Vaginal cuff dehiscence
- Excessive bleeding
Recent Da Vinci robot lawsuits
Multi-million dollar lawsuits have been lodged in courtrooms throughout the nation. Plaintiffs are accusing Intuitive Surgical of producing a defective medical device that suffers from inherent design defects and that the company manufactured the robot with structural flaws. Other product liability cases involving the da Vinci robot include charges of failure to warn, negligence, and medical malpractice/negligence. Some notable da Vinci robot claims include:
- The family of a man who underwent Da Vinci robotic surgery was awarded $7.5 million after the victim’s intestines were punctured during spleen removal. The doctor admitted it was his first attempt at using the robot on a live patient.
- A woman sued Wentworth-Douglass hospital, after both of her ureters were severed during a routine hysterectomy. She filed the Da Vinci robot lawsuit alleging her surgeons lacked adequate training.
- Intuitive Surgical was named as defendant in a $490 million lawsuit. The patient’s bladder and left ureter were allegedly seriously damaged during a hysterectomy. The plaintiff is seeking compensation for negligence, fraud, breach of warranty, unjust enrichment and pain and suffering, and her husband requests damages for loss of consortium.
Since 2003, Da vinci robotic surgery has been the subject of myriad medical malpractice and product liability lawsuits, some alleging wrongful deaths. At first, the complaints were levied against surgeons, who were charged with being undertrained for the new technology. However, more recent actions have been filed against the manufacturer of the robot. Claimants are alleging that the device is defective, and that Intuitive Surgical’s marketing strategies may be unethical. In many cases, plaintiffs argue that the company failed to provide adequate training in the use of the da Vinci robot before certifying physicians.
A product liability lawyer can help
With more studies and reports linking Da Vinci robotic surgery with a slew of life-threatening injuries, product liability lawyers are watching these developments closely. Some physicians estimate that it can take up to 750 surgeries to become proficient with the robot, yet many surgeons are permitted to perform this surgery with much less training. Moreover, recent research shows there are few benefits to robotic surgery – especially in cases of gynecological or prostate procedures – and legal experts suspect the number of Da Vinci robot lawsuits to rise exponentially in the coming months and years.
If you or someone you care about has suffered injuries from Da Vinci robotic surgery, you may be entitled to compensation. Whether your case is the result of undertrained surgeons or defective medical devices, you deserve compensation for your pain and suffering. Please contact the Sanders Firm to schedule your free and confidential da Vinci robot lawsuit evaluation today. Call The Sanders Firm at 1-800-FAIR-PLAY to speak with a leading product liability lawyer. We’re ready to fight for your rights.