An insurance company has filed a case against Intuitive Surgical after learning that it may have concealed vital information regarding tolling agreements pertaining to certain da Vinci lawsuits. According to court documents, they are now looking to rescind its policy to cover claims over the surgery robot.

A Jan.3 report from states that Navigators Specialty Insurance Co. recently sued the manufacturer of the da Vinci Surgical System, making them the second to do so in two months. In a lawsuit filed in November 2013, the Illinois Union Insurance Co. similarly accused Intuitive of hiding legal information about da Vinci-related suits, and only revealed information about tolling agreements being made to settle 25 legal claims involving its principal product.  Like Navigators, Illinois Union is also seeking to rescind its policy.

Company Failed to Fully Disclose da Vinci Lawsuit Information, Claims Allege

“The existence of the subject tolling agreements and the number of claimants added to the tolling agreements were never disclosed to plaintiff at any time during the application process, nor were they disclosed to plaintiff after the submission of plaintiff’s proposal,” states the claim filed by Navigators.  

According to a regulatory filing issued in October with the U.S. Securities and Exchange Commission, the da Vinci Surgical System had been named in at least 50 lawsuits filed over the surgery robot. The device has been on the market since 2000, when it was approved by the U.S. Food and Drug Administration (FDA) to aid in minimally-invasive laparoscopic, gynecologic and urologic procedures. Hospitals across the U.S. and in Europe are now using the device in thyroid and colon cancer surgeries, as well as prostatectomies and hysterectomies, to name a few. Adverse event reports filed with the FDA indicate that use of the da Vinci Surgical System has been tied to such robotic surgery complications as cut ureters, surgical burns and tears to arteries and bowel injuries.

In December, the FDA issued two separate Class II recalls of components sold with the robot. The first affected the Patient Side Manipulator, which was suggested to stall during surgery, and the second called for further inspection of an EndoWrist instrument, after it was shown to potentially detach during a procedure.

Contact an Attorney to File a da Vinci Lawsuit Today

Want more information about da Vinci lawsuits? If you or a loved one sustained the serious side effects associated with this surgery robot, call an attorney at Bernstein Liebhard LLP at (877) 779-1414.

Published January 6, 2014 by