Intuitive Surgical Inc. has filed a petition to transfer a da Vinci robotic surgery lawsuit alleging “unbearable pain” and other injuries caused by its product from state to federal court in Pennsylvania, court records indicate.

According to a recent report, the company filed its notice to remove the case to federal court on August 19th in the Eastern District of Pennsylvania, in which lawyers for the defendant pointed out that the plaintiffs in this case were seeking a greater amount in damages than the jurisdictional limit set by the Philadelphia Court of Common Pleas.

Intuitive also stated in its notice that the case was a civil action between citizens of different states, which would give a federal judge subject matter jurisdiction over the suit.

This da Vinci lawsuit was brought on behalf of a New Jersey man who underwent a prostate cancer surgery aided by the da Vinci Surgical System in September 2010, which allegedly caused him to suffer bleeding, bladder spasms, “unbearable pain,” nerve damage and other injuries to his physical and mental health.

Da Vinci Lawsuit Alleges Malfunctioning of Robot During Prostate Cancer Surgery

The patient was also forced to undergo several procedures to correct the complications caused by the malfunctioning of the robot during his initial surgery, this da Vinci lawsuit claims.

Court documents show that the doctor responsible for conducting the New Jersey patient’s 2010 prostate procedure had originally been named as defendant in the complaint before claims were dropped by plaintiffs this past July.

Strict product liability, negligence, negligent training, proctoring and negligent certification, fraud, breach of warranty, unjust enrichment and loss of consortium are included in the claims filed in this robotic surgery lawsuit.

Da Vinci Robot Lawsuit Filings on the Rise

In recent months, the nationwide litigation of claims filed over the da Vinci Surgical System has continued to grow. These bad robot surgery lawsuits allege cut ureters and arteries, bowel injuries and other complications caused by the remote-controlled surgery robot. Since being approved in 2000, this device has been used to aid in urologic, laparoscopic and gynecologic procedures. It has also become an increasingly popular choice in conducting prostatectomies, hysterectomies, thyroid, and even heart-related procedures.

As of July 2013, a regulatory filing from Intuitive Surgical acknowledged the company’s involvement in 33 da Vinci robot lawsuits filed in jurisdictions throughout the U.S.

File a da Vinci Robotic Surgery Lawsuit

If you or a loved one sustained the horrific injuries associated with use of the da Vinci Surgical System, the time is now to file a claim against its manufacturer. Call the attorneys at Bernstein Liebhard LLP today at (877) 779-1414.

Published August 27, 2013 by