da Vinci Robot Surgery Lawsuit Filed over Bowel Perforation

An Ohio woman has filed a da Vinci robot lawsuit against Intuitive Surgical Inc. for allegedly causing physical and emotional injuries as a direct result of using the da Vinci Surgical System, including the Monopolar Curved Scissors.

The da Vinci robot lawsuit was filed by Erika Starr and her husband Nick Griffith, who allege Starr suffered physical and emotional injuries, including “bowel perforation and/or thermal burns and subsequent infections that caused severe and permanent injuries, serious physical and mental pain and suffering, medical, hospital and surgical expenses, lost wages, and the impairment to earn money.”

Starr underwent da Vinci robotic surgery on March 13, 2013. Prior to the surgery, she was “presented with information promoting the benefit of da Vinci robotic surgery over all other methods of surgery,” the da Vinci robot lawsuit says. “Specifically, Plaintiffs were informed that due to the da Vinci robotic approach Erika Starr would heal faster, have a better outcome and have less pain.”

According to the da Vinci robot lawsuit, Starr’s surgery “resulted in her suffering a thermal injury and/or perforation to her small bowel, peritonitis, sepsis, pulmonary embolus, pericardial effusions and additional surgeries, care and treatment, prolonged hospitalization and increased medical expenses, loss of wages, and loss of enjoyment of life.”

Starr reportedly continues to suffer from chronic abdominal pain, severe abdominal issues and other issues. She has been unable to maintain normal relationships and responsibilities and was totally dependent on her husband. She also suffered emotional distress and was unable to work for a period of time.

The da Vinci robot lawsuit contends that Intuitive is allegedly aware and was aware long before March 13, 2013 of the risks and complications associated with the use of the da Vinci Surgical System and the Monopolar Curved Scissors as well as its other accessories. Starr alleges that Intuitive Surgical failed to take proper precautions including failure to make notifications to hospitals, patients, doctors and the U.S. Food and Drug Administration.

Despite being aware of the risks, Starr claims in her da Vinci robot lawsuit that Intuitive did not provide adequate warnings to physicians and patients. According to the robot surgery lawsuit, the defendant has been allegedly suppressing reports and complaints of complications and performance errors due to the use of its device prior to Starr’s surgery. Physicians are not allegedly trained on how to properly use the device.

Starr is seeking compensatory and punitive damages, and any other relief that may be deemed fair by the court.

This da Vinci Robotic Surgery lawsuit is Erika Starr and Nick Griffith v. Intuitive Surgical Inc., Case No. 1:14-cv-00225-MRB, in the U.S. District Court for the Southern District of Ohio.

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