May 1, 2013

Da Vinci Robotic Surgery Lawsuits: Bernstein Liebhard LLP Comments on Growing Litigation Involving the Da Vinci Surgical System


Da Vinci robotic surgery lawsuits involving the da Vinci Surgical System continue to mount in courts around the country, Bernstein Liebhard LLP reports. In a filing with the U.S. Securities and Exchange Commission (SECS) on April 19th, Intuitive Surgical reported that it has been named in 26 lawsuits filed on behalf of alleged victims of da Vinci surgery complications. The company further reported that it had entered into tolling agreements with certain plaintiffs in order to allow “additional time to evaluate the claims, to explore whether the claims have merit and whether they can be resolved without litigation.”*

“We are certainly not surprised to hear that Intuitive Surgical is named in a growing number of da Vinci robot lawsuits. Our Firm continues to receive an increasing number of inquiries from individuals who suffered serious injuries and complications, allegedly due to the da Vinci Surgical System,” says Bernstein Liebhard LLP, a nationwide law firm representing the victims of defective drugs and medical devices. The Firm is currently evaluating da Vinci surgical robot lawsuits on behalf of individuals who were allegedly injured during minimally-invasive procedures involving the da Vinci Surgical System.

Da Vinci Robot Lawsuits 
According to Intuitive Surgical’s SEC filing, the da Vinci robot lawsuits currently pending against the company allege that plaintiffs’ injuries were the result of defects in the da Vinci Surgical System and/or Intuitive’s failure to provide adequate training resources to healthcare professionals. Plaintiffs further allege Intuitive failed to adequately disclose the risk of possible da Vinci surgery complications, and/or misrepresented the benefits of the da Vinci Surgical System.
According to court records, the nation’s first trial involving allegations of da Vinci surgery complications began earlier this month in Washington state court. The lawsuit was filed by the family of a man who died last August, allegedly due to injuries he suffered as a result of a da Vinci prostatectomy. (Estate of Fred E. Taylor v. Intuitive Surgical Inc., 09-2-03136-5, Superior Court, State of Washington, Kitsap County) In addition to the case currently at trial, court filings indicate that Intuitive filed a petition in February with the U .S. District Court, Northern District of California seeking coordination of 11 da Vinci robotic surgery lawsuits before a single judge. (Cook v. Intuitive Surgical Inc., No. 12-6363 (N.D. Calif.) According to a notice entered in the U.S. District Court, Eastern District of Louisiana on March 14th, the company has already agreed to settle one da Vinci robot lawsuit filed by a woman who allegedly suffered serious complications during a thyroid procedure. (Silvestrini v. Intuitive Surgical Systems Inc., No. 11-2704 (E.D. La.)
The da Vinci Surgical System has been on the market since 2000, and is used in a wide range of minimally-invasive surgeries, including hysterectomies, gall bladder removal, prostate removal, heart surgeries, and thyroid procedures. According to a recent Bloomberg.com report, the U.S. Food & Drug Administration (FDA) has launched a survey of doctors to determine if an increase in reports of da Vinci surgery complications could be the result of a problem with the technology. According to the report, the da Vinci robot was associated with 70 deaths in informal incident reports sent to the agency since 2009. Reports to the FDA of possible da Vinci robotic surgery complications have also increased, jumping to at least 115 in 2012 from 24 in 2009, Bloomberg said.**
Victims of alleged da Vinci surgery complications may be entitled to compensation for medical expenses, lost wages, pain and suffering, and more. A wealth of information regarding da Vinci robot lawsuits is available at Bernstein Liebhard LLP’s website. For additional information, please call Bernstein Liebhard LLP today at (877) 779-1414.
*sec.gov/Archives/edgar/data/1035267/000119312513162385/d508282d10q.htm
**bloomberg.com/news/2013-02-28/intuitive-surgical-robots-probed-by-u-s-in-survey-of-surgeons.html

About Bernstein Liebhard LLP Bernstein Liebhard LLP is a New York-based law firm exclusively representing injured persons in complex individual and class action lawsuits nationwide since 1993, including those who have been harmed by dangerous drugs, defective medical devices and consumer products. The firm has been named by The National Law Journal to the “Plaintiffs’ Hot List,” recognizing the top plaintiffs’ firms in the country, for the past 10 consecutive years.

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New York, New York 10016
(877) 779-1414

ATTORNEY ADVERTISING. © 2013 Bernstein Liebhard LLP. The law firm responsible for this advertisement is Bernstein Liebhard LLP, 10 East 40th Street, New York, New York 10016, (212) 779-1414. Prior results do not guarantee or predict a similar outcome with respect to any future matter.
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Contact Information:
Felecia L. Stern, Esq.
Bernstein Liebhard LLP
info(at)consumerinjurylawyers(dot)com
http://www.davincisurgery-lawsuit.com/

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