Both the marketing tactics employed by Intuitive Surgical and the training procedures suggested by the company will be key issues in this lawsuit, as well as any others involving alleged da Vinci robot complications.
New York, NY (PRWEB) April 19, 2013
Bernstein Liebhard LLP notes that the latest witness testimony in the nation’s first trial involving a da Vinci robot lawsuit has raised new questions regarding Intuitive Surgical’s marketing of the da Vinci Surgical System. According to Bloomberg.com, the company’s director of marketing discussed a “surgical target list” contained in internal marketing documents that appeared to suggest sales representatives target urologists who had, “basic or limited laparoscopic skills who currently perform,” traditional prostate removals. That group of physicians is, “where 80 percent of your clinical time should be spent,” the document said.* (Estate of Fred E. Taylor v. Intuitive Surgical Inc., 09-2-03136-5, Superior Court, State of Washington, Kitsap County)
“Both the marketing tactics employed by Intuitive Surgical and the training procedures suggested by the company will be key issues in this lawsuit, as well as any others involving alleged da Vinci robot complications," 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 robot lawsuit consultations to individuals who allegedly suffered serious da Vinci surgery complications, including organ perforations, lacerations, blood vessel tears, and surgical burns.
Da Vinci Robot Lawsuits
Court documents indicate that the Washington case is one of about a dozen da Vinci robot lawsuits currently pending in courts around the country. The lawsuit was filed by the family of a man who died last August, allegedly due to da Vinci surgery complications he suffered as a result of a botched prostatectomy. Prior to the procedure, the doctor who operated on the deceased had never before used the da Vinci robot unsupervised, according to Bloomberg.com. Among other things, the family is trying to show that Intuitive’s marketing conflicted with representations made to the U.S. Food & Drug Administration prior to the da Vinci’s approval that the device was meant for surgeons with “basic and advanced” skills in minimally invasive surgery. In opening statements earlier this week, plaintiffs’ lawyer alleged Intuitive Surgical “watered-down” its training program for the da Vinci Surgical System in order to induce more hospitals to purchase the expensive machines.
While the Washington case is the first da Vinci lawsuit in the nation to go to trial, a notice entered in the U.S. District Court, Eastern District of Louisiana on March 14th indicates that Intuitive 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, the company filed a petition with the U .S. District Court, Northern District of California seeking coordination of 11 additional 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 surgery complications may be entitled to compensation for medical expenses, lost wages, pain and suffering, and more. A wealth of information regarding da Vinci robot lawsuits is available at Bernstein Liebhard LLP’s website. For additional information, please call Bernstein Liebhard LLP today at (877) 779-1414.
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
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.
# # #
Felecia L. Stern, Esq.
Bernstein Liebhard LLP