A Louisiana woman filed a da Vinci robot lawsuit against Intuitive Surgical Inc. after an allegedly botched hysterectomy tore through her bladder. The da Vinci Robotic Surgical System used by plaintiff Wanda Tiblier’s healthcare provider was one of many products models created by Intuitive Surgical Inc. with an allegedly faulty and dangerous design.
On May 28, 2013, Tiblier reportedly underwent a hysterectomy to correct irregular perimenopausal bleeding. Her physician used the da Vinci Robotic Surgical System for this medical procedure, which was marketed to doctors and hospitals across the country as “safer than other comparative methods of surgery including, laparoscopy, vaginal surgery, prostatectomy surgery, and open surgery; and ultimately cost effective.”
During the procedure, the da Vinci robot allegedly malfunctioned, and as a result, Tiblier suffered several injuries including a bladder tear, which required immediate surgery. After being discharged a few days later, Tiblier had to return for several more follow-up surgeries and must be constantly medicated for the injuries sustained during the original hysterectomy, according to her da Vinci robot lawsuit. Additionally, Mrs. Tiblier has been left with permanent nerve damage resulting in chronic pain.
According to the da Vinci robot lawsuit, “Mrs. Tiblier’s severe injuries resulting from the defects with the da Vinci Robotic Surgical System caused her to incur additional medical expenses and to undergo additional surgery, medical procedures, hospitalization, to endure past and future physical pain and suffering, mental anguish and emotional distress, to lose earnings and to have a loss of future earnings and/or a diminished earning capacity.”
in her da Vinci robot lawsuit, Tiblier accused Intuitive Surgical Inc. of design defect, breach of warranty, and failure to warn her and patients like her of the dangers of the da Vinci Robotic Surgical System.
History of the da Vinci Robot
The da Vinci Robot was adapted for commercial medical use by Intuitive Surgical Inc. in the 1990s, based on robotic technology originally developed by the United States military. The da Vinci Robotic Surgical System consists of a three- or four-armed robot that is connected to a remote console, where the surgeon then uses foot-pedals, hand controls, and a three-dimensional display to perform operations.
However, Intuitive Surgical Inc. is accused of misrepresenting the effectiveness and safety of their surgical systems and failed to inform the government, hospitals, doctors, and patients of the dangerous defects.
The main source of the da Vinci robot defect reportedly lies in the design of the electronics and insulation. While other similar surgical robots use safer bipolar or ultrasonic currents, the da Vinci robot utilizes monopolar currents and monopolar scissors to cut and cauterize the tissue during surgery. The alleged lack of proper insulation of the electronics and currents can allow excessive electrical currents to pass through a patient’s tissue, which can cause unwanted, and often dangerous, tearing in surrounding tissue during the delicate procedures.
The da Vinci robot lawsuit indicates that Intuitive Surgical Inc. was aware of the defect as early as 2000, yet did nothing to warn the general public about the potential dangers until the FDA mandated a recall of the da Vinci robot in May of 2013, the same month and year as Mrs. Tiblier’s surgery. Clearly, Intuitive Surgical Inc. did not sufficiently warn participating hospitals and physicians about their product defects in order to avoid similar surgical disasters.
Tiblier’s da Vinci robot lawsuit is Wanda B. Tiblier v. Intuitive Surgical Inc., Case No. 2:14-cv-01168, filed in U.S. District Court, Eastern District of Louisiana.
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