This trial could carry implications for future da Vinci lawsuits and trials.
Seattle, Wash. (PRWEB) April 18, 2013
A da Vinci surgical robot trial in Washington State will be the first to examine the role of physician training in the device’s alleged failures at the operating table.* The Rottenstein Law Group, which maintains an informational website on da Vinci robot lawsuits that provides news updates and a comprehensive look at side effects and how to file a suit, will be monitoring this case to provide insight and to keep updated those who believe they or their loved ones suffered harm from a robotic surgery.
According to Bloomberg, a jury in Port Orchard, Wash., will hear testimony that Intuitive Surgical, maker of the da Vinci, did not properly train the surgeon who performed a prostate removal procedure during which the patient, Fred Taylor, eventually died because of complications. Intuitive Surgical asserts that it is fully committed to superior training opportunities for surgeons and surgical teams in the use of its products, but notes that it does not participate in determining when a surgeon is adequately prepared to operate using the da Vinci Surgical System.
“It is important to note that Kitsap County Superior Court Judge Jay Roof did find last month that Washington’s product-liability laws require device makers to properly train physicians who purchase their products,” said Rochelle Rottenstein, principal of the Rottenstein Law Group. “The questions are to what extent did Intuitive train the surgeon and to what extent are they required to do so; but also to what degree is the surgeon culpable for mastering the use of new medical technology? These could carry implications for future da Vinci lawsuits and trials.”
The surgeon has said he was inadequately trained and that he did not know of the need to create a watertight seal or warn of a risk of abdomen inflation, according to court documents (Estate of Fred E. Taylor v. Intuitive Surgical Inc., 09-2-03136-5, Superior Court, State of Washington, Kitsap County (Port Orchard)). Intuitive asserted in those documents that it instructed the surgeon that in his first four to six surgeries he should choose simple cases and patients with a low body mass index. According to Bloomberg, Taylor was obese and had a BMI of 39.
According to USA Today, the da Vinci surgical robot was used in about 400,000 surgeries in 2012.** This lawsuit is among a dozen filed nationally against Intuitive alleging injuries related to the da Vinci.
The Rottenstein Law Group, which represents clients who believe they have been harmed by the da Vinci robotic surgical system, encourages people to visit the firm’s website to download a free brochure to help them determine if they have a case.
About THE ROTTENSTEIN LAW GROUP
The Rottenstein Law Group is a New York-based firm that represents clients nationwide in mass tort actions. The firm was founded by Rochelle Rottenstein, who has more than two decades of experience as a lawyer, to represent clients hurt by defective medical devices. (Attorney advertising. Prior results do not guarantee a similar outcome.)
The Rottenstein Law Group, LLP
Rochelle Rottenstein, Esq.
321 W. 44th Street
New York NY 10036
(212) 933-9500 (office phone)
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rochelle (at) rotlaw (dot) com