Can I File a da Vinci Surgical System Lawsuit?
North Carolina Product Liability Attorneys Represent Robotic Surgery Injury Claims
The da Vinci Surgical System is a robotic tool that surgeons may use to perform minimally invasive surgeries. However, product defects in these robots can cause severe internal injuries and surgical errors. Certain conditions can cause the robotic arms to stall in the middle of a procedure. Sometimes, the arms will jerk suddenly into place after stalling, causing potentially severe lacerations. Additionally, some patients have experienced serious burns to the internal organs, widespread infection and disfiguring scars. Due to these defects, many product liability lawsuits have been filed against the robot manufacturer, Intuitive Surgical, for dangerous product defects, false advertising and failure to adequately train surgeons to use these devices.
If you or a loved one experienced complications due to robotic surgery, then you may be able to recover compensation through a da Vinci Surgical System lawsuit. At Riddle & Brantley, LLP, our North Carolina product liability attorneys are currently reviewing cases involving injuries from these defective medical devices. We can review your claim and medical history to determine your legal options. You may be able to join a class action lawsuit or future multidistrict litigation (MDL).
What is the da Vinci Surgical Robot?
First marketed in 2000 by manufacturer Intuitive Surgical, the da Vinci Surgical System is a robotic medical device that allows doctors to perform minimally invasive surgery. The robotic system consists of four arms that a surgeon controls from a console. Its marketing suggests that the da Vinci system is superior to traditional surgery and laparoscopic procedures by increasing the doctor’s range of motion and decreasing the risk of human error. This may mean less pain for the patients as well as faster healing times and a lower risk of infection.
However, several studies challenge these claims as findings show that robotic surgery is not significantly safer or more effective than other types of procedures, but it costs significantly more. Additionally, Intuitive Surgical along with the U.S. Food and Drug Administration (FDA) issued product recalls for various components of the robotic surgical system in 2013 and 2015 after an increase in injuries and complaints. Nevertheless, there has been no recall for the da Vinci surgical robots as a whole.
What Injuries May Result from Product Defects in the Surgical Robot System?
Surgeons use da Vinci surgical robots for a range of procedures, including gastric bypass, bladder surgery, hysterectomies and the removal of the gallbladder, prostate and cancerous tumors. Any malfunction during these types of procedures can cause serious surgical errors and injuries, such as:
In some cases, these injuries may not be immediately apparent to patients. Once discovered, these complications often require additional corrective surgery, which means additional medical expenses, lost wages and other costs.
Who Can File a da Vinci Surgical System Lawsuit?
Recently, many victims of surgical errors from da Vinci robots have filed personal injury claims against Intuitive Surgical. The basis of many of these claims is the existence of product defects in the da Vinci Surgical System. These defects can cause the device to stall or malfunction, harming the patient.
Many claims also allege that negligent marketing practices by Intuitive Surgical caused or contributed to surgical errors and injuries. Before performing robotic surgery, the doctor must inform the patient of the procedure, and the patient must choose this method. In many cases, victims of surgical errors claim that they were misled about the advantages of da Vinci robotic procedures. They claim that Intuitive Surgical marketed their surgical robots as superior to other options, when this is not the case.
Finally, many lawsuits claim that the manufacturer also failed to provide adequate training to surgeons and medical staff. In some cases, doctors performed only a few supervised surgeries and attended a two-day training course before being deemed competent to operate the robots alone.
In 2012, the U.S. Judicial Panel on multidistrict litigation declined a request to consolidate many of these claims into an MDL. However, in early 2015, several victims filed a class action lawsuit in Florida claiming false advertising and deceptive business practices.
If you or someone you love underwent a procedure involving a da Vinci system and experienced complications, then you may be able to collect compensation for your injuries and damages. Contact a North Carolina product liability lawyer to learn your options for a da Vinci Surgical System lawsuit.
Injured by a da Vinci System? Contact Our NC Product Liability Attorneys
It is not always clear when surgical errors are the result of negligence or product defects. However, if you suffered injuries, infection or other damages after a da Vinci robotic surgery, then contact our product liability attorneys today. We can help you find answers about the cause of your injuries and assist you in holding the liable parties accountable for your damages.
We have offices throughout North Carolina, including locations in Goldsboro, Raleigh, Jacksonville and Kinston. Our lawyers offer free initial consultations and contingency fee arrangements. We can travel to meet with you at home, in the hospital or anywhere that is convenient. Call (800)525-7111 or contact us online to schedule a free review today.