Da Vinci Robot Lawsuit Help Center


Originally designed to provide surgeons with greater visibility when performing minimally-invasive procedures, use of the da Vinci Surgical System has prompted a rising number of individuals to file da Vinci robot lawsuit claims. These cases allege surgical burns, torn blood vessels and other life-threatening injuries caused by the remote-controlled robot.

By filing a da Vinci lawsuit, you may receive compensation for medical expenses, lost wages, pain and suffering and other damages stemming from use of the device manufactured by Intuitive Surgical. According to a regulatory filing in April 2013, the company had been named in at least 33 lawsuits. A recent Bloomberg.com report revealed that 10 of these da Vinci-related cases had been filed over a 15-month period, which may predict a larger litigation in the future.

See below for robotic surgery complications have been associated with use of the da Vinci Surgical System, according to the FDA:

  • Surgical tears, burns to vital organs
  • Excessive bleeding
  • Surgical tears, burns to arteries and other blood vessels
  • Bowel injuries
  • Cut ureters
  • Death

If you or a loved one experienced any of the above injuries, don’t hesitate in contacting a lawyer at Bernstein Liebhard LLP today. You may be eligible to file a da Vinci surgery lawsuit.

FDA Investigates Complications Associated with da Vinci Lawsuit Claims

da vinci robot lawyerA recent report from Bloomberg.com indicates that the da Vinci Surgical System was used in 500,000 procedures during 2012, which included hysterectomies, prostatectomies, gall bladder removals, heart procedures and thyroid cancer surgeries. It is noteworthy to add that the health care technology was approved by the U.S. Food and Drug Administration (FDA) in 2000 as the only robot to aid in soft-tissue surgeries.

However, recent research suggests that potential problems with the da Vinci robot, not to mention the growing litigation of da Vinci robot lawsuit filings, have prompted the FDA to take action in further investigating the safety of the device. According to a Bloomberg article published March 1st, the agency has begun conducting a survey to measure complication rates and learn more about surgeon training in how to use the device at top hospitals in the U.S. Involved in this survey are facilities that are part of the FDA’s product safety network, to whom the agency asked questions regarding surgeon training and the types of procedures the da Vinci is best and least suited for.

With this survey, the FDA is hoping to determine whether the high amount of reports alleging complications with the surgery robot is “a true reflection of problems,” or caused by issues unrelated to its design, said a spokeswoman for the agency.

After a study was published in the Journal of the American Medical Association (JAMA) in February 2013 that revealed hysterectomies performed using the da Vinci did not offer greater benefit to patients than traditional laparoscopy, even though they were substantially more expensive, the FDA began its investigation of the da Vinci Surgical System in the U.S. According to Bloomberg, the cost of a da Vinci robot is tagged at $1.5 million. Data from Intuitive Surgical indicates that several hospitals in the U.S. own more than one.

Since this information came to light, the American Congress of Obstetricians and Gynecologists (ACOG) has since made its members aware that robotic hysterectomies may not improve patient outcomes, and should therefore not be considered a first choice for most patients.

In 2011, a study released by the Journal for Healthcare Quality found that hospital websites overstated the efficacy of surgery robots, but failed to mention the potential risks they may pose to patients. There were also no controlled studies showing patient benefit in procedures involving the devices, the research also pointed out.

Since 2000 though, Citron Research reported in January that some 4,600 complaints involving the da Vinci Surgical System have been filed with the FDA. 3,900 of complaints had been filed between 2007 and 2012, according to the FDA’s MAUDE database, and 70 deaths had been linked to the device since 2009. This information was taken from a Bloomberg.com report.

Da Vinci Surgery Lawsuit Claims on the Rise

According to a regulatory filing issued with the U.S. Securities and Exchange Commission in July 2013, at least 33 lawsuits naming the da Vinci Surgical System had been filed in the U.S.

CNBC.com also recently pulled quotes from adverse event reports filed with the FDA, some of which are being used in a court deposition for claims filed against Intuitive Surgical.

One such complaint detailed a surgeon’s struggle in using the robot during a hysterectomy. On Dec. 28, 2012, the doctor said “the bipolar instrument fired unintentionally during a procedure. The instrument tip did touch the patient’s uterus [and] the customer was able to successfully complete the case plus two additional cases using the same generator with no further incidents.”

Another FDA-filed report talked of a da Vinci robot hysterectomy performed on Dec. 13, during which the da Vinci Surgical System hit the patient in the face during a procedure, which caused the surgeon to revert back to traditional surgical methods.

Over a period of 15 months, Bloomberg.com reported in March 2013 that 10 da Vinci Robot lawsuit claims alleging surgical burns, cut ureters, bowel injuries, excessive bleeding and even death had been filed.

Contact an Attorney to File a da Vinci Robot Lawsuit

If you or a loved one underwent a seemingly routine procedure using the da Vinci surgery robot and sustained surgical burns, organ damage, cut ureters or another side effect, you may be entitled to compensation for your injuries. For more, contact the attorneys at Bernstein Liebhard LLP, who are currently offering free and confidential case evaluations for potential lawsuit claimants. Contact the Firm today to find out more at 1-212-779-1414.