New York, New York (PRWEB) January 06, 2014
As da Vinci robot lawsuit (http://www.davincirobotlawsuithelp.com) filings continue to mount in courts around the country, Bernstein Liebhard LLP notes that two insurers for Intuitive Surgical, Inc. recently filed suit in California Federal Court seeking to rescind policies that cover product liability claims involving the da Vinci Surgical System. According to a complaint filed by Navigators Specialty Insurance Co. on December 16, 2013, in U.S. District Court, Northern District of California, Intuitive Surgical allegedly failed to disclose tolling agreements it had reached with a number of da Vinci lawsuit claimants to extend the statute of limitations in those cases. (Case No. 5:2013cv05801)
In October, another insurer, Illinois Union Insurance Co., filed a similar lawsuit in the Northern District of California that accused Intuitive Surgical of failing to disclose the number of da Vinci robot lawsuits that have been filed against the company. That lawsuit also alleged that Intuitive concealed tolling agreements pertaining to some of those cases. (Case No. 5:2013cv04863)
“These developments are of great interest to our Firm, as we continue to hear from individuals seeking to file da Vinci robot lawsuits for serious injuries they allegedly sustained in procedures where the da Vinci Surgical System was utilized. We expect that the product liability litigation surrounding this device will continue to grow in the coming months,” says Bernstein Liebhard LLP, a nationwide law firm representing the victims of defective drugs and medical devices. The Firm is currently offering free da Vinci lawsuit evaluations to anyone who may have suffered serious injuries, including surgical burns, torn blood vessels, and organ perforations, in procedures involving the da Vinci Surgical System.
Da Vinci Robot Lawsuits
Intuitive Surgical revealed in an October regulatory filing that it has been named in at least 50 da Vinci lawsuits, all of which allege serious, and in some cases, fatal injuries due to the da Vinci Surgical System. The company also acknowledged the tolling agreements cited in the insurer lawsuits, stating they were intended to provide “the parties and their legal counsel with additional time to evaluate the claims, and to explore whether the claims have merit and whether they can be resolved without litigation.”*
The two insurance lawsuits come at a time when Intuitive Surgical is facing increasing controversy over its da Vinci Surgical System. Among other things, Bloomberg.com reported in November that the U.S. Food & Drug Administration (FDA) has confirmed that robotic surgery complications related to the da Vinci Surgical System had more than doubled over the past year. In an emailed response to Bloomberg, an Intuitive spokesperson maintained that the increase was related to the growth of robotic procedures, and asserted that “total adverse event rates have remained low and in line with historical trends.”**
In November, the FDA released the results of a physician survey that indicated training on the da Vinci robot might be an issue that is affecting patient safety. While the 11 physicians who responded to the survey had generally favorable opinions regarding the device, their responses indicated the da Vinci was difficult to master, and that a lack of consistent training methods was an issue.
Individuals who suffered surgical burns, torn blood vessels, organ perforation, or other serious robotic complications allegedly due to the da Vinci Surgical System may be entitled to compensation for medical bills, lost wages, pain and suffering, and other damages. Learn More about filing a da Vinci robot lawsuit at Bernstein Liebhard LLP’s website. For a free, no-obligation case review, please call 800-511-5092.
*sec.gov/Archives/edgar/data/1035267/000103526713000040/isrg-2013930x10q.htm, Intuitive Surgical SEC Filing, October 18, 2013
Bloomberg.com, November 9, 2012
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 11 consecutive years.
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Felecia L. Stern, Esq.
Bernstein Liebhard LLP
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