Da Vinci Lawsuit News: Bernstein Liebhard LLP Notes Recent FDA Letter Stating Intuitive Surgical May Have Violated Federal Regulations Concerning its da Vinci Robot

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The Firm is offering free and confidential case evaluations to patients who may have experienced bad robot surgery complications after undergoing a procedure aided by the da Vinci Surgical System.

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Our Firm continues to hear from patients who allegedly experienced surgical burns, excessive bleeding and other serious bad robot surgery complications stemming from use of the da Vinci Surgical System.

In a recent notice from the U.S. Food and Drug Administration (FDA) that may affect da Vinci lawsuit claims, the agency states that Intuitive Surgical possibly violated federal law by failing to first alert regulators when it warned customers about problems with the da Vinci Surgical System, Bernstein Liebhard LLP reports.

According to the letter issued May 30th by the FDA, Intuitive Surgical received 134 complaints and filed 83 medical device reports stemming from use of the device between January 2010 and December 2011.* Following these reports, Intuitive sent a letter to customers in October 2011 offering suggestions and recommendations for proper use of the da Vinci Surgical System. According to a CNBC.com report published on June 25th, the FDA said Intuitive Surgical wrote to its customers in response to complaints regarding “arcing through damaged tip covers that caused patient injury.”**

“Intuitive Surgical’s failure to first notify the FDA begs the question of whether they were trying to hide something from the regulator. We will be watching this development carefully. Our Firm continues to hear from patients who allegedly experienced surgical burns, excessive bleeding and other serious bad robot surgery complications stemming from use of the da Vinci Surgical System,” says Bernstein Liebhard LLP, a nationwide law firm representing victims of defective drugs and medical devices. The Firm is currently offering free and confidential case evaluations to patients who may have experienced robotic surgery complications after undergoing a procedure aided by the da Vinci Surgical System. Da Vinci Lawsuit Claims

According to a statement issued April 19th by Intuitive Surgical, 26 da Vinci lawsuits alleging complications due to the surgery robot had been filed in the U.S. Court records indicate that the nation’s first trial for a claim alleging robotic surgery complications concluded with a ruling in favor of Intuitive last month, but a May 23rd report from Bloomberg.com stated that the attorney for the plaintiff in the case was optimistic that future lawsuits over the da Vinci Surgery Robot would result in favorable outcomes for allegedly injured patients.***(Estate of Fred E. Taylor v. Intuitive Surgical, 09-2-03136-5, Superior Court, State of Washington, Kitsap County)

In a regulatory filing with the U.S. Securities and Exchange Commission issued by Intuitive on April 19th, the manufacturer reported that it had entered tolling agreements in certain bad robot surgery lawsuits over its da Vinci Surgical System to allow “additional time to evaluate the claims, to explore whether the claims have merit and whether they can be resolved without litigation.”**** As of March 14th, 2013, a notice entered in the U.S. District Court, Eastern District of Louisiana on March 14th indicated that Intuitive had settled a lawsuit alleging injuries sustained by a woman whose thyroid procedure was aided by the da Vinci robot. (Silvestrini v. Intuitive Surgical Systems Inc., No. 11-2704 (E.D. La.))

The da Vinci Surgical System was approved in 2000 to aid surgeons performing minimally-invasive laparoscopic, urologic and gynecologic procedures. The device is now also used in thousands of hysterectomies, gall bladder and prostate removal surgeries, thyroid cancer procedures and heart surgeries, according to a Bloomberg.com report from February 28th.*****

Patients who experienced robotic surgery complications may be entitled to compensation for medical bills, lost wages, pain and suffering and other damages incurred by their injuries. Learn more about bad robot surgery complications by visiting Bernstein Liebhard LLP’s website. To speak with one of the Firm’s attorneys, please call 800-511-5092.

*fda.gov/downloads/AboutFDA/CentersOffices/OfficeofGlobalRegulatoryOperationsandPolicy/ORA/ORAElectronicReadingRoom/UCM358468.pdf
**cnbc.com/id/100843549
***bloomberg.com/news/2013-05-23/intuitive-wins-trial-defeats-negligent-training-claims.html
****sec.gov/Archives/edgar/data/1035267/000119312513162385/d508282d10q.htm
*****bloomberg.com/news/2013-05-23/intuitive-wins-trial-defeats-negligent-training-claims.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.

Bernstein Liebhard LLP
10 East 40th Street
New York, New York 10016
800-511-5092

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, (800) 511-5092. Prior results do not guarantee or predict a similar outcome with respect to any future matter.

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Felecia L. Stern, Esq.
Bernstein Liebhard LLP
info (at) consumerinjurylawyers (dot) com
http://www.davincisurgery-lawsuit.com/

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