Botched Surgery Leads to da Vinci Robot Surgery Lawsuit

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An Ohio woman has filed a da Vinci robot surgery lawsuit, claiming she was badly injured after undergoing a procedure that used one of the devices. Robotic surgical devices are relatively common part in many gynecological surgeries, such as hysterectomies.

Plaintiff Erika Starr’s da Vinci robotic surgery lawsuit joins many others that have made similar claims against the device manufactured by Intuitive Surgical Inc. There are so many claims against the company a da Vinci robotic surgery class action lawsuit investigation has been launched.

Starr’s da Vinci lawsuit targets not only the device itself, but certain instruments used during her surgery, including the Monopolar Curved Scissors. “Specifically, as a direct result of the use of the da Vinci surgical system and its instrumentation, including the Monopolar Curved Scissors on or about March 13, 2013, Plaintiff suffered severe physical and emotional injuries, including Plaintiff Erika Starr suffering a bowel perforation and/or thermal burns and subsequent infections that caused severe and permanent physical injuries, serious physical and mental pain and suffering, medical, hospital and surgical expenses, lost wages and the impairment to earn money.”

Some da Vinci lawsuit plaintiffs say that Intuitive “has promoted its device as safe and safer than other comparative methods of surgery,” but that may not be the case. Starr’s da Vinci lawsuit points out that “As of January 2013, there were over 4,600 adverse events reported in the MAUDE (Manufacturer and User Facility Device Experience) database with the Food and Drug Administration (FDA), some of which contained information concerning patient injuries and deaths.”

Before 2013, Intuitive allegedly “was aware that patients had sustained bowel perforations, injuries and/or thermal burns and other injuries during the use of the da Vinci system and its instrumentation.” The FDA asked surgeons who used the device around the country to take a survey in early 2013 about training, equipment errors, complications, and how they chose patients.

Weeks later, the American College of Obstetricians and Gynecologists issued a statement that said “Studies have shown that adding this expensive technology for routine surgical care does not improve patient outcomes. Consequently, there is no good data proving that robotic surgery is even as good as, let alone better, than existing, and far less costly, minimally invasive alternatives.”

Starr’s da Vinci robotic surgery lawsuit accuses Intuitive of negligence, misrepresentation, fraud, breach of warranties, and unjust enrichment.

The da Vinci robot surgery lawsuit is Erika Starr, et al v. Intuitive Surgical Inc., Case No.: 1:14-cv-00225-MRB, in the U.S. District Court for the Southern District of Ohio.

Join a Free da Vinci Robot Class Action Lawsuit Investigation

If you or a loved one were injured by da Vinci robotic surgery complications, you may have a legal claim. See if you qualify to pursue compensation and join a free da Vinci robot class action lawsuit investigation by submitting your information for a free case evaluation:

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