Intuitive Surgical Sued over Alleged da Vinci Robot Surgery Injury

A Mississippi woman has filed a da Vinci robot injury lawsuit against Intuitive Surgical Inc., claiming she was injured after undergoing a surgery that used the surgical device.

According to the robot surgery lawsuit, Dana McDonald visited Dr. Leland Gebhart with symptoms of pelvic pain, dysfunctional uterine bleeding and other gynecological problems. Prior to evaluation, McDonald was informed by her doctor that she needed to a have hysterectomy and cystoscopy performed.

Dr. Gebhart reportedly presented McDonald with information and materials that show the benefits of the da Vinci robotic hysterectomy over all other methods of hysterectomy. She was allegedly assured that this procedure would allow her to heal faster, have a better outcome, have small incisions as well as less pain.

Based on the assurances by her doctor, McDonald agreed to proceed with the da Vinci robotic hysterectomy. She went through surgery on May 15, 2012 at the Mississippi Baptist Medical Center. According to the da Vinci lawsuit, no complications were recorded during the robotic assisted surgery.

On Sept. 10, 2012, McDonald allegedly suffered a vaginal cuff dehiscence, meaning that the vaginal incision had opened up, and she reportedly had to undergo another surgery and hospitalization to have it repaired.

However, on Dec. 19, 2012, McDonald allegedly suffered another vaginal cuff dehiscence with her bowel protruding from her vagina. She underwent an additional surgery and hospitalization for repair of this second dehiscence.

According to the robot surgery lawsuit, McDonald continued to suffer from pain, fatigue, decreased energy, stamina and has undergone follow up surgeries and procedures to repair the harm caused by defendant. Through this time, she has been unable to fully support her family and has suffered severe emotional and financial distress.

Allegedly due to the injury sustained to her vaginal cuff and bowel during the da Vinci Robotic hysterectomy, McDonald has had to have multiple additional medical tests and physical consultations and has suffered pain, loss of function, emotional distress and permanent injuries.

According to the da Vinci robot lawsuit, Intuitive promotes its device as safe and safer than other comparative methods of surgery including, in the case of hysterectomies, laparoscopy, vaginal surgery, and open surgery.

The da Vinci lawsuit alleges that Intuitive “sold its device through a calculated program of intimidation and market management, forcing hospitals and physicians to purchase it in order to appear to be competitive and creating a fear in their minds that if they did not have this technology they would lose business to competitors.”

Intuitive’s da Vinci robot can allegedly cause damage to the bowel, blood vessels, arteries, ureters, bladder and vaginal cuff. The da Vinci robot lawsuit claims that the company is aware of the risks and complications associated with the use of the said robotic device. Despite this knowledge, there are no adequate warnings to physicians and patients about the risks and complications associated with the use of the da Vinci surgical system.

McDonald is suing Intuitive for defective design, negligence and fraud. She is seeking for judgment against the defendant in an amount commensurate with the evidence to compensate her for all losses, past, present and future. She also wants to deter the defendant from engaging in similar wrongful conduct in the future.

This da Vinci robot lawsuit is Dana McDonald v. Intuitive Surgical Inc., Case No. 3:14-cv-00402-HTW-LRA, in the U.S. District Court for the Southern District if Mississippi, Northern Jackson Division.

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