WA Jurors Reject Plaintiff Claims in da Vinci Robotic Surgery Complications Lawsuit, Rule in Favor of Intuitive
A Washington state court jury has ruled in favor of the defense in the first of 26 da Vinci Robot lawsuits to head to trial in the U.S after rejecting plaintiff allegations that the manufacturer’s failure to properly train surgeons how to use the robot caused the injuries of a 67-year old man that later turned fatal, Thomson Reuters reports.
According to an article published May 28th, 2013, jurors in Kitsap County Superior Court reached the verdict after deliberating for a day and a half over the arguments put forth by both sides. In the end, the panel voted 10-2 that Intuitive Surgical Inc. was not to blame for actions by the surgeon who operated on the patient in this case, who used the company’s da Vinci Surgery Robot for the first time unsupervised during that procedure, court filings indicate.
Jurors Find Intuitive Not Guilty of Causing Patient’s Alleged Da Vinci Robotic Surgery Complications
Attorneys for the plaintiff said throughout the five-week da Vinci Robot lawsuit trial that the “pain, suffering, anxiety, depression and humiliation” the patient experienced after undergoing a routine prostate removal surgery was a direct result of Intuitive Surgical’s overly aggressive marketing to sell more robots.
The company acted like a “car dealership” in its training of surgeons,” said the lawyers seeking $8.45 million in damages for the patient’s family. According to lawsuits now pending in courts throughout the U.S., the remote-controlled device has the potential to cause the following da Vinci surgical robot complications: surgical burns and tears to arteries and vital organs, excessive bleeding, bowel injuries, cut ureters and even death.
The da Vinci Surgery Robot was used in approximately 300,000 procedures last year, according to the Wall Street Journal. Originally approved by the U.S. Food and Drug Administration (FDA) in 2000 to aid in minimally-invasive urologic, gynecologic, and laparoscopic surgeries, the device is now also used in gastric bypass surgery, gall bladder removals and thyroid cancer surgeries.
Lawyers for the plaintiff said his clients are disappointed with the outcome of the case, according to Thomson Reuters, but are predicting more lawsuit to be filed in the future against Intuitive given the growing number of procedures being aided by the da Vinci Robot.
“This is just the tip of the iceberg,” the plaintiff’s da Vinci Robot lawyer said.
According to Intuitive Surgical, the da Vinci Surgical System is currently installed in over 2,000 hospitals around the world.
Filing a da Vinci Robot Lawsuit Alleging Complications, Injuries
If you suffered da Vinci robotic surgery complications and believe this recent verdict to be unjust, call an attorney at Bernstein Liebhard LLP to state your case against Intuitive at (877) 779-1414.