Da Vinci Robotic Surgery Lawsuits: Bernstein Liebhard LLP Comments on Opening Statements in First Trial Involving the Da Vinci Surgical System

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The Firm is currently investigating da Vinci surgical robot lawsuits on behalf of individuals who allegedly suffered organ perforations, lacerations, blood vessel tears, surgical burns, and other alleged da Vinci robotic surgery complications.

Bernstein Liebhard LLP | Consumer Injury Lawyers
We have been contacted by many individuals who allegedly suffered da Vinci robotic surgery complications similar to those described in this lawsuit.

Bernstein Liebhard LLP notes that opening statements have been delivered in the nation’s first trial of a da Vinci robotic surgery lawsuit. According to a report from Bloomberg.com, the plaintiff’s attorney told a Washington State Superior Court jury yesterday that evidence would show that Intuitive Surgical “watered-down” its training program for the da Vinci Surgical System in order to induce more hopitals to purchase the expensive machines. Among other things, the attorney alleged that this compromised training program and Intuitive Surgical’s aggressive marketing campaign led to the da Vinci robotic surgery complications which eventually caused the death of a patient following a botched prostate removal procedure.* (Estate of Fred E. Taylor v. Intuitive Surgical Inc., 09-2-03136-5, Superior Court, State of Washington, Kitsap County)

“We have been contacted by many individuals who allegedly suffered da Vinci robotic surgery complications similar to those described in this lawsuit. Although Intuitive Surgical challenges any suggestion that they engaged in inadequate surgeon training and improper certification, training issues are obviously at issue in the Washington lawsuit,” says Bernstein Liebhard LLP, a nationwide law firm representing the victims of defective drugs and medical devices. The Firm is currently evaluating da Vinci robotic surgery lawsuits on behalf of individuals who allegedly suffered serious complications in minimally-invasive procedures involving the da Vinci Surgical System.

Da Vinci Surgical Robot Lawsuits
According to court documents, the deceased at the center of the Washington case allegedly suffered kidney failure, brain damage, permanent incontinence, and a 1-inch tear in his rectum during a da Vinci prostatectomy. His family’s lawsuit claims that prior to the operation they were not informed that the doctor performing the procedure had never before operated unassisted with the da Vinci robot. In court filings, the surgeon maintains he was told by Intuitive that he needed only two assisted surgeries to achieve “basic competency,” even though the company’s own consultants had reported 20 or more operations were needed.

According to Bloomberg.com, the da Vinci Surgical System has been on the market since 2000, and was used in more than 300,000 procedures last year, including hysterectomies, gall bladder removal, prostate removal, heart surgeries, and thyroid procedures. In January, the U.S. Food & Drug Administration (FDA) launched a survey of doctors to determine if an increase in reports of da Vinci surgery complications could be the result of a problem with the technology. Since 2009, the da Vinci robot was associated with 70 deaths in informal incident reports sent to the agency. Reports to the FDA of possible da Vinci robotic surgery complications have also increased, jumping to at least 115 in 2012 from 24 in 2009, Bloomberg said.**

Court filings show that the da Vinci robotic surgery lawsuit currently at trial in Washington is one of about a dozen similar cases currently pending in courts around the country. According to a notice entered in the U.S. District Court, Eastern District of Louisiana on March 14th, the company has already agreed to settle one claim filed by a woman who allegedly suffered serious complications during a thyroid procedure. (Silvestrini v. Intuitive Surgical Systems Inc., No. 11-2704 (E.D. La.) On February 19th, Intuitive filed a petition with the U .S. District Court,
Northern District of California seeking coordination of 11 da Vinci robotic surgery lawsuits before a single judge. (Cook v. Intuitive Surgical Inc., No. 12-6363 (N.D. Calif.))

Victims of alleged da Vinci robotic surgery complications may be entitled to compensation for medical expenses, lost wages, pain and suffering, and more. A wealth of information regarding da Vinci surgical robot lawsuits is available at Bernstein Liebhard LLP’s website. For additional information, please call Bernstein Liebhard LLP today at (877) 779-1414

*bloomberg.com/news/2013-04-16/intuitive-watered-down-robot-training-lawyer-says.html
**bloomberg.com/news/2013-02-28/intuitive-surgical-robots-probed-by-u-s-in-survey-of-surgeons.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
(877) 779-1414

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, (212) 779-1414. Prior results do not guarantee or predict a similar outcome with respect to any future matter.

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

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