New York, New York (PRWEB) August 08, 2013
Robotic surgery lawsuits (http://www.davincisurgery-lawsuit.com/) involving the da Vinci Surgical System continue to mount in courts throughout the U.S., Bernstein Liebhard LLP reports. According to court documents, a 45-year-old woman from Parlin, New Jersey recently filed a da Vinci lawsuit over surgical burns and other serious injuries she sustained during a hysterectomy, allegedly due to defects in the robot. Her lawsuit, which was filed on July 19th in U.S. District Court, District of New Jersey, accuses Intuitive Surgical Inc. of failing to warn doctors about issues with the robot’s electrical current that could cause electricity to jump from one of the da Vinci’s arms into a patients’ body. According to a report from the New Jersey Star-Ledger, the case appears to be the first da Vinci lawsuit filed in the state.* (Case No. 2:13-cv-04327-CCC-JAD)
“As her lawsuit makes clear, this patient chose to undergo a da Vinci hysterectomy because she believed it would offer her a better outcome. The experience described in her robotic surgery lawsuit echoes much of what we have heard from our own clients,” says Bernstein Liebhard LLP, a nationwide law firm representing the victims of defective drugs and medical devices. The Firm is currently offering free robotic surgery lawsuit evaluations to individuals who allegedly suffered serious injuries, including surgical burns and damage to organs and tissues, in procedures involving the da Vinci Surgical System.
Da Vinci Lawsuits
According to a July 22nd regulatory failing, Intuitive Surgical has been named in at least 33 robotic surgery lawsuits filed on behalf of patients who suffered serious, and in some cases fatal, complications in da Vinci procedures. According to the company, all of the lawsuits allege that injuries were the result of defects in the da Vinci and/or inadequate doctor training on the part of Intuitive. Intuitive also disclosed that it had entered into tolling agreements in some of these cases, “in an effort to provide an orderly process for evaluating claims before they result in costly litigation.” **
In recent months, the da Vinci Surgical System has been at the center of a growing controversy over its safety and efficacy. Last month, Intuitive Surgical received a Warning Letter from the U.S. Food & Drug Administration (FDA) after an agency inspection of its headquarters revealed, among other things, that the company had failed to adequately report device corrections and patient adverse events. According to an NBC News report that aired in June, the FDA has received more than 200 reports of da Vinci patients who suffered burns, cuts and infections since 2007, including 89 that involved fatalities. The agency is now in the process of surveying doctors who use the machine to determine if a recent increase in such reports is a sign that there could be a problem with the da Vinci technology.***
Victims of serious injuries allegedly caused by the da Vinci Surgical System may be entitled to compensation for medical expenses, lost wages, pain and suffering, and more. Learn More about potential da Vinci complications by visiting Bernstein Liebhard LLP’s website. Free, no-obligation legal evaluations can also be arranged by calling 800-511-5092.
*nj.com/news/index.ssf/2013/08/botched_operation_could_have_been_prevented_suit_alleges.html, Star-Ledger, August 4, 2013
** http://www.sec.gov/Archives/edgar/data/1035267/000119312513297410/d551118d10q.htm, Intuitive Surgical, July 22, 2013
***rockcenter.nbcnews.com/_news/2013/06/14/18958967-robotic-surgery-is-high-tech-tour-de-force-but-is-it-safe, NBC News, June 14, 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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