More Than 80 Patients Sue Over da Vinci Robot Surgery Complications

In a legal action so large it could potentially satisfy the numerosity requirements for a da Vinci robot class action lawsuit, some 83 plaintiffs have filed a complaint naming the device’s maker, Intuitive Surgical. Also named are Ohio hospital groups, including the renowned Cleveland Clinic, in a two-pronged complaint focusing on medical malpractice by surgeons and design defects in the robot.

A significant number of the plaintiffs are male patients who underwent robot-assisted prostatectomies at the Cleveland Clinic. They allege that the surgeon who recommended the procedure highlighted the benefits of the da Vinci robot surgery procedure compared to other alternatives with respect to recovery time. They were also told that removal of the organ was valuable not just to remove the cancer risk, but also to limit the potential for impotence and incontinence.

According to a number of the plaintiffs, the da Vinci robot surgery complications were those exact conditions. They alleged the benefits outlined by the surgeons were misrepresentations regarding the “lower risk of complications.” Those benefits also were highlighted in brochures distributed by Intuitive Surgical.

In addition to robot-assisted prostatectomies, some of the plaintiffs underwent hysterectomies that resulted in similar complications and adverse events. One likely reason, according to da Vinci robot surgery class action lawsuit attorneys, is the design of the device. Current used for incisions and cauterization may not be properly grounded as a result of material degradation, resulting in arcs of electricity that can pass through tissue outside of the expected surgical site.

Not all of the 83 plaintiffs suffered directly because of these alleged design defects or the alleged failure to warn of potential risks by Intuitive Surgical, and the named doctor and hospital defendants. More than a dozen are the spouses of the patients who are seeking damages for loss of consortium due to impotence, as well as care required for the now incontinent plaintiffs.

The da Vinci robot surgery complications lawsuit is Lindgren Chyi, et al. v. Intuitive Surgical Inc., et al., Case No. 13-cv-00308, U.S. District Court, Southern District of Ohio.

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