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Da Vinci Robot Lawsuit News: Bernstein Liebhard LLP Notes Intuitive Surgical, Inc. Facing Suits By Insurers Concerning Da Vinci Lawsuits
Date:1/6/2014

System.

Da Vinci Robot Lawsuits
Intuitive Surgical revealed in an October regulatory filing that it has been named in at least 50 da Vinci lawsuits, all of which allege serious, and in some cases, fatal injuries due to the da Vinci Surgical System. The company also acknowledged the tolling agreements cited in the insurer lawsuits, stating they were intended to provide “the parties and their legal counsel with additional time to evaluate the claims, and to explore whether the claims have merit and whether they can be resolved without litigation.”*

The two insurance lawsuits come at a time when Intuitive Surgical is facing increasing controversy over its da Vinci Surgical System. Among other things, Bloomberg.com reported in November that the U.S. Food & Drug Administration (FDA) has confirmed that robotic surgery complications related to the da Vinci Surgical System had more than doubled over the past year. In an emailed response to Bloomberg, an Intuitive spokesperson maintained that the increase was related to the growth of robotic procedures, and asserted that “total adverse event rates have remained low and in line with historical trends.”**

In November, the FDA released the results of a physician survey that indicated training on the da Vinci robot might be an issue that is affecting patient safety. While the 11 physicians who responded to the survey had generally favorable opinions regarding the device, their responses indicated the da Vinci was difficult to master, and that a lack of consistent training methods was an issue.

Individuals who suffered surgical burns, torn blood vessels, organ perforation, or other serious robotic complications allegedly due to the da Vinci Surgical System may be entitled to com
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