If a da Vinci machine robotic surgery led to burns, inordinate scarring,
or complications for someone you love, you are not alone.
Several parts for the machine have been recalled, and the liability insurer
of the robot’s manufacturer, Intuitive Surgical Inc., actually sued
that company, causing Intuitive’s stock to plummet in 2013. An independent
study in 2013 conducted by Johns Hopkins researchers had very critical
things to say about da Vinci; the publication of that study caused the
company stock to plummet further.
The FDA reported well over 3,697 adverse effects involving robotic-assisted
surgery in 2013 and nearly 200 injuries and almost 100 deaths. Patients
and families of patients who have been injured have started taking legal
action to hold Intuitive Surgical, Inc. and others to account for damages
caused by negligent and careless use of this machine.
Let’s take a quick look at some of these actions:
Loretta Quinn vs. University Hospitals et al
This OB/GYN case from 2010 was filed in Cuyahoga County. Although the case
was voluntarily dismissed without prejudice, it named multiple defendants
in addition to University Hospital.
United States ex rel. Antoon V Cleveland Clinic Foundation
This case out of the U.S. District Court for the Southern District Ohio
named Intuitive Surgical, Inc. as a defendant. The plaintiff, David Antoon,
underwent robotic surgery to treat prostate cancer and suffered impotence
and incontinence following the procedure.
Another case in Washington State also named Intuitive as a defendant. In
that case, the court ruled for the defendant.
Given the dearth of case law on this topic, injured plaintiffs may face
serious challenges obtaining justice and even understanding what went
wrong and what options they might have. How should you protect yourself?
What processes can be put in place to protect other patients from experiencing
Fortunately, our experienced, aggressive personal injury attorneys can
provide you the insight and step-by-step guidance you need to protect
your rights and advocate for fair and complete compensation. Please call
or email our team today to get clear answers about might have happened
during your surgery (or your loved one’s surgery) as well as what
steps you can take to obtain damages for pain and suffering, medical bills,
ongoing therapies, time off of work, loss or consortium and punitive damages.