New York, New York (PRWEB) May 01, 2013
Bernstein Liebhard LLP notes that the nation’s first trial of a da Vinci surgical robot lawsuit continues to move forward in Washington state court. According to an April 30th report from Bloomberg.com*, jurors yesterday heard from an Intuitive Surgical sales representative who testified that two-thirds of his salary was based on how many robotic surgeries were completed in his geographic territory, and that he received bonuses for every additional da Vinci robot purchased by a hospital. The witness also confirmed that he frequently accompanied surgeons using the da Vinci Surgical System for the first time. Earlier in the trial, another witness had testified that the same sales representative had been present in the operating during the prostatectomy that allegedly resulted in the Plaintiff’s death, the Bloomberg report stated.* (Estate of Fred E. Taylor v. Intuitive Surgical Inc., 09-2-03136-5, Superior Court, State of Washington, Kitsap County)
“Plaintiffs in this case, and in other da Vinci surgical robot lawsuits, have raised questioned about the aggressive tactics allegedly employed by Intuitive Surgical to market the da Vinci Surgical System. One key question is how the company's marketing tactics related to physician training,” 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 complications in hysterectomies, prostate removals and other procedures involving the da Vinci Surgical System.
Da Vinci Surgery Complications
The da Vinci Surgery System has been on the market since 2000, and was used in some 300,000 minimally invasive surgeries last year, according to a February 24th Bloomberg report. The da Vinci robot lawsuit now at trial was filed on behalf of patient who died last August, allegedly due to serious injuries he sustained in a da Vinci prostatectomy, including kidney failure, brain damage, permanent incontinence, and a 1-inch tear in his rectum. Among other things, the complaint accuses Intuitive of failing to properly train doctors on the da Vinci robot, and recommending that they perform unsupervised surgeries too quickly.
According to an April 19th filing with the U.S. Securities and Exchange Commission (SEC), Intuitive Surgical has been named in 26 lawsuits filed on behalf of patients who allegedly suffered serious da Vinci surgery complications. All of the lawsuits claim these injuries were the result of defects in the da Vinci Surgical System and/or Intuitive’s failure to provide adequate training resources to healthcare professionals. Plaintiffs further allege Intuitive failed to adequately disclose the risk of possible da Vinci surgery complications, and/or misrepresented the benefits of the da Vinci Surgical System.** 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 da Vinci robot lawsuit 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)
According to Bernstein Liebhard, the Washington trial got underway just as the da Vinci Surgical System was attracting greater scrutiny from health regulators. According to an earlier Bloomberg.com report, the U.S. Food & Drug Administration (FDA) has 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.***
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 surgical 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.
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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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Felecia L. Stern, Esq.
Bernstein Liebhard LLP