A growing number of da Vinci robot lawsuit plaintiffs claim to have suffered serious injuries, including punctured and torn organs, damaged blood vessels, and surgical burns, in procedures that utilize the da Vinci Surgical System. Some of these lawsuits allege the injuries were the result of defects in the robot itself, including issues with the electrical current the device uses to cut and cauterize tissue. Others claim that Intuitive Surgical Inc. has watered down training programs in order to convince more doctors to use the da Vinci, something Intuitive Surgical strongly denies.
Plaintiffs who have filed lawsuits against Intuitive Surgical have allegedly suffered complications in a number of robot-assisted surgeries, including da Vinci robot hysterectomy and prostatectomy.
According to court records, the injuries allegedly sustained by da Vinci lawsuit plaintiffs include:
In 2012 alone, the da Vinci robot was used in nearly 400,000 procedures, including prostatectomies, hysterectomies, heart surgeries, and even thyroid procedures. One study published in June 2013 in the Journal of the American Medical Association, for example, found that more men with low-risk prostate cancer were choosing to undergo advanced treatments, including da Vinci prostatectomy, even though these types of procedures may not offer them any added benefits.
Despite its popularity, no large-scale studies have shown that the da Vinci robot offers patients any benefits compared to traditional laparoscopy. In fact, two studies published in 2013 found that complications rates for women who underwent da Vinci robot hysterectomy were roughly the same as those who underwent a laparoscopic procedure. The first, published in the Journal of the American Medical Association in February 2013, also found that robot-assisted hysterectomy was significantly more expensive. The second, published in Obstetrics & Gynecology in September 2013, found da Vinci hysterectomy patients might face a doubled risk of developing pneumonia.
In July 2013, Intuitive Surgical disclosed that it had been named in 33 surgical robot lawsuit claims involving the da Vinci, all of which were filed on behalf of patients who allegedly suffered serious, and in some cases fatal, injuries in da Vinci procedures. However, many legal experts expect more filings, considering the prevalence of the technology.
According to a report that aired on NBC News in June 2013, the Food & Drug Administration (FDA) has received more than 200 reports of patients who suffered serious da Vinci complications since 2007. Eighty-nine of those reports involved deaths. However, a study published in September 2013 in the Journal of Healthcare Quality raised concerns that some da Vinci injuries might be underreported.
The total compensation you might qualify for will depend on the severity of your injuries. However, by filing a da Vinci lawsuit, you may be able to obtain funds to cover all of your injury related damages, including medical bills, lost wages, and pain and suffering.
At Bernstein Liebhard LLP, our attorneys are representing robotic surgery lawsuit clients on a contingency basis. This arrangement means that you will not owe any legal fees unless we recover compensation on your behalf. In that case, you attorney fees will be taken out of a portion of your recovery. The contingency arrangement will be fully detailed in the retainer agreement you sign with Bernstein Liebhard LLP should you choose our firm for your case.
No. The da Vinci robot lawsuits pending against Intuitive Surgical are product liability claims, and allege that injuries were the result of either defects in the device or poor doctor training by the company. Doctors are not being targeted, as these lawsuits are not alleging medical malpractice.
If you decide to proceed with a da Vinci lawsuit, you’ll need to sign a release so that your attorney can access your medical records. It’s also a good idea to begin tracking the expenses related to any medical treatments you’ve undergone because of your injury, as well as your lost wages, so that your lawyer can determine an appropriate amount of compensation.
If you’re ready to move forward, please contact Bernstein Liebhard LLP today for a free, no-obligation da Vinci surgery lawsuit evaluation. Our attorneys have helped hundreds of people obtain compensation for injuries caused by defective medical devices, and have recovered over $3 billion for our clients. To learn how they can help you, please give our office a call at 1-212-779-1414.