New York, New York (PRWEB) May 21, 2013
The nation’s first trial involving a da Vinci surgery robot lawsuit is nearing its conclusion in Washington state court, Bernstein Liebhard LLP reports. According to Bloomberg.com, during closing statements yesterday, an attorney for the Plaintiffs compared Intuitive Surgical to a car dealership, alleging the company wanted to tie sales and services for its customers. Intuitive “wanted to do all the training to keep control of surgeons, to keep control of hospitals and keep control of surgeries,” he insisted. The attorney also reiterated Plaintiff’s allegations that Intuitive knew it wasn’t providing adequate training to doctors when it simplified its instructional protocols in 2006.* (Estate of Fred E. Taylor v. Intuitive Surgical Inc., 09-2-03136-5, Superior Court, State of Washington, Kitsap County (Port Orchard).
“We are looking forward to the outcome of this trial, as we continue to receive numerous alleged bad robot surgery inquiries involving the da Vinci Surgical System. While Intuitive has strongly denied that they engaged in inadequate surgeon training and improper certification, training is clearly an issue in this and many other da Vinci lawsuits,” says Bernstein Liebhard LLP, a nationwide law firm representing the victims of defective drugs and medical devices. The Firm is currently offering free legal evaluations to victims of alleged bad robot surgery complications in minimally-invasive procedures involving the da Vinci Surgical System.
Da Vinci Surgery Robot Lawsuits
Intuitive Surgical reported on April 19th that it has been named in 26 da Vinci lawsuits filed on behalf of victims of alleged bad robot surgery. According to the company, these claims allege that plaintiffs’ injuries were the result of defects in the da Vinci robot and/or Intuitive’s failure to provide adequate training resources to healthcare professionals. **
The da Vinci surgery robot lawsuit currently at trial in Washington was filed by the family of a man who died last August allegedly due to serious injuries he sustained during prostate removal surgery. Among other things, his family claims he was not told that the surgeon performing the procedure had never before operated unassisted with the da Vinci robot. In court filings, that doctor maintained he was told by Intuitive that only two assisted surgeries were needed to achieve “basic competency,” even though the company’s own consultants had reported 20 or more operations were needed. According to a March 21st report from Bloomberg.com, emails disclosed in the proceeding include one in which an Intuitive manager commended a sales represented after he convinced a hospital that five supervised operations were too many. In yet another, an Intuitive sales team was told by their manager not to “let proctoring or credentialing get in the way” of meeting goals on the number of robot surgeries.***
Earlier this year, the U.S. Food & Drug Administration (FDA) launched a survey of doctors, following an increase in adverse event reports related to the da Vinci robot. According to a March 1st report from Bloomberg.com, the agency is interested in the types of complications surgeons may have observed in robot surgeries, as well as their training on the da Vinci. **** Earlier this month, Intuitive Surgical alerted hospitals to an instrument issue that has the potential to cause surgical burns in some da Vinci patients. According to an Urgent Medical Device Notification dated May 8th, “micro-cracks" in some models of the monopolar curved scissors used with the da Vinci Surgical System "may create a pathway for electrosurgical energy to leak to tissue during use and potentially cause thermal injury.”*****
Victims of alleged bad robot surgery associated with the da Vinci Surgical System may be entitled to compensation for medical expenses, lost wages, pain and suffering, and more. A wealth of information regarding da Vinci lawsuits is available at Bernstein Liebhard LLP’s website. For a free, no-obligation case evaluation, please call Bernstein Liebhard LLP today at 800-511-5092.
*bloomberg.com/news/2013-05-20/intuitive-resembled-a-car-dealership-lawyer-tells-jury.html; Bloomberg, May 20, 2013
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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Felecia L. Stern, Esq.
Bernstein Liebhard LLP
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