Injuries and Deaths Allegedly Caused by Surgical Robots Spur Lawsuits: New York Personal Injury Lawyer Kenneth A. Wilhelm Discusses Victims' Rights

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A lawsuit (Case Number: 12-cv-237723) filed in Santa Clara County Superior Court by a woman blames her allegedly botched gynecological surgery on the da Vinci Robotic Surgical System made by Intuitive Surgical. According to a March 5 Bloomberg report, the U.S. Food and Drug Administration (FDA) is looking into the potential risks involved in this type of cutting-edge surgery.

It is very essential that consumers are given the facts and accurate information with regard to their treatment options so they can make informed decisions on matters relating to their health and well-being.

Civil litigation has resulted from an allegedly botched surgery involving the da Vinci Surgical System manufactured by Intuitive Surgical. According to a Bloomberg news article dated March 5, the cutting-edge surgical robot has been blamed in an allegedly bungled gynecological surgery in California. According to the lawsuit (Case Number: 12-cv-237723) filed in the Santa Clara County Superior Court, the plaintiff agreed to the surgery to remove growths in her uterus, which was to be performed by doctors using robotic instruments. The plaintiff states she was informed then that the surgery would cause less pain and bleeding.

Court documents (Case Number: 12-cv-237723) state that five weeks after the surgery, the 41-year-old woman felt something pop while she was in the bathroom and looked down to see her intestine protruding from her vagina. The lawsuit states that she was allegedly scarred from corrective surgery, suffers constipation as a result of damages rectal muscles and a diminished sex life.

The Bloomberg article states that the robotic systems made by Intuitive have been linked to at least 70 deaths since 2009. Also, at least 10 lawsuits have been filed in the last 14 months nationwide, which are subsequently providing new information about the potential severe complications involving the da Vinci robots, Bloomberg reports. The number of U.S. procedures done with the robots has grown to about 367,000 in 2012 compared with 292,000 in 2011 and 228,000 in 2010, the report states. These injury incidents have prompted the U.S. Food and Drug Administration (FDA) to conduct a survey of physicians about the benefits as well as complications of these devices.

“It is crucial that the FDA investigates these devices to establish what is causing these serious complications,” said New York personal injury lawyer Kenneth A. Wilhelm. “Based on this Bloomberg report, these robots are being used by surgeons to perform complicated procedures such as heart bypass, hysterectomy and prostate removal. If that is the case, the FDA must look into whether there are issues concerning their design, performance and effectiveness.”

“Patients should talk to their doctors about procedures such as robotic surgery before making the decision to undergo robotic surgery,” Wilhelm said. “As with any medical procedure or course of treatment, it is important for patients in general to discuss the procedure they are about to undergo and fully understand the risks that are involved. It is crucial that consumers equip themselves with all the information that is necessary in order to make valuable decisions that could potentially affect their long-term health and well-being.”

About the Law Offices of Kenneth A. Wilhelm

The Law Offices of Kenneth A. Wilhelm is a personal injury litigation firm with an unwavering dedication to its clients. With more than 41 years of experience, our firm strives to obtain the best compensation for those who have been injured or those who have lost a loved one due to an accident or by someone else's negligence. We handle cases dealing with personal injury, medical malpractice, wrongful death, workers' compensation, dental malpractice, motor vehicle accidents, rape, paralysis, comas, seizures, false arrest, lead poisoning, trips and slips and falls, elevator accidents, construction accidents, Erb's palsy, cerebral palsy, brain damage, blindness, hearing loss, dog bite cases, fire and smoke inhalation accidents, bicycle accidents, falls from windows or scaffolds, and many other types of accidents and injuries.

Please contact us 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). We can also help with personal injury cases in New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.

Other phone numbers for us are:

1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES

Please visit us at:

The Law Offices of Kenneth A. Wilhelm
445 Park Ave, 9th Floor
New York, NY 10022
(212) 545-7373

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