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Da Vinci Robot Lawsuit News: Bernstein Liebhard LLP Comments on Intuitive Surgical’s Decision to Replace Defective da Vinci Surgical Instrument
Date:6/12/2013

February 28th report from Bloomberg.com, regulators recently noted an increase in reports of robot surgery complications, prompting the U.S. Food & Drug Administration (FDA) to launch a survey at hospitals where the device is used. The agency is trying to determine if the increase in adverse event reports is a sign of a problem with the da Vinci robot. Complications reported to the FDA included damage to ureters and bowels, burns to organs and blood vessels, and instances where parts of the robot broke off and fell into patients, Bloomberg.com said.***

In an April 19th filing with the U.S. Securities and Exchange Commission (SEC), Intuitive Surgical acknowledged that it had been named in more than two dozen da Vinci lawsuits involving personal injury allegations that cite either defects in the da Vinci robot and/or inadequate training on the part of Intuitive Surgical.**** Last month, the nation’s first trial of a da Vinci robot lawsuit ended in a victory for Intuitive. But according to a May 28th report from Thomson Reuters, plaintiffs’ attorneys expect hundreds of similar filings in the future. (Estate of Fred E. Taylor v. Intuitive Surgical Inc., 09-2-03136-5, Superior Court, State of Washington, Kitsap County (Port Orchard))

Court records show Intuitive Surgical filed a petition with the U .S. District Court, Northern District of California on February 19th seeking coordination of 11 state and federal da Vinci robot lawsuits before a single judge. (Cook v. Intuitive Surgical Inc., No. 12-6363 (N.D. Calif.)) According to a notice entered on March 14th, the company has settled a da Vinci lawsuit filed in the U.S. District Court, Eastern District of Louisiana, by a woman who was allegedly injured during a robot-assisted thyroid procedure. (Silvestrini v. Intuitive Surgical Systems Inc., No.
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