One of the determinative questions is, did Intuitive implement a training program consistent with protocols and procedures it provided to the FDA?
New York, New York (PRWEB) May 21, 2013
Parker Waichman LLP, a national law firm dedicated to protecting the rights of victims injured by defective medical devices, is offering remarks on the closing argument of the plaintiff’s attorney in the case of the Estate of Fred E. Taylor v. Intuitive Surgical, 09-2-03136-5, Superior Court, State of Washington, Kitsap County (Port Orchard). A May 21, 2013, Bloomberg report noted that the plaintiff’s attorney, after noting that Intuitive Surgical had acted like a “car dealership” in how it deployed its strategy to train doctors to use its da Vinci surgical robot system, said the medical device manufacturer should pay more than $8 million to Taylor’s estate.
Intuitive, the attorney said, acted “like a car dealership,” seeking to tie automobile sales and service for customers; the company wanted to use its training system “to keep control of surgeons… hospitals… [and] surgeries,” he said, as quoted in the Bloomberg article.
The lawsuit, now nearing its end, charges Intuitive with failing to properly train surgeon Scott Bildsten, who performed a robotic prostate removal on Taylor, as Bloomberg reported on April 19, 2013. Bildsten, who had never performed robotic surgery unsupervised prior to Taylor’s prostate removal, allegedly struggled with the da Vinci for seven hours in September 2008. He eventually reverted to traditional surgery, and then emergency care, to fix a rectal laceration, according to Bloomberg. Taylor died last August of heart failure allegedly caused by complications from his da Vinci robotic surgery.
“Intuitive’s training of surgeons to operate the da Vinci robot is a key issue in this litigation,” said William J. Dubanevich, attorney at Parker Waichman LLP. “One of the determinative questions is, did Intuitive implement a training program consistent with protocols and procedures it provided to the FDA?”
Intuitive's da Vinci is currently under investigation by federal health officials. According to a report in the Missoulian April 16, 2013, the U.S. Food and Drug Administration (FDA) is looking into a spike in reported problems based on a survey the regulator gave to surgeons using the device earlier this year. The agency conducts these kinds of medical device surveys of routinely, according to the Missoulian, but an FDA spokeswoman told the newspaper that the reason for it now has to do with, “the increase in number of reports received,” about the da Vinci. At least five deaths have been included in reports filed about the da Vinci since early last year, the newspaper reported.
Parker Waichman LLP continues to offer free legal consultations to alleged victims of da Vinci surgical robot injuries. If you or a loved one experienced surgical burns, perforated or torn organs, torn blood vessels or other injuries that could be associated with the da Vinci surgical robot, please contact their office by visiting the firm's da Vinci Surgical Robot Lawsuit page at yourlawyer.com. Free case evaluations are also available by calling 1 800 LAW INFO (1-800-529-4636).
Parker Waichman LLP
Gary Falkowitz, Managing Attorney