By Robert J. Boumis  |  February 19, 2014

Category: Legal News

da Vinci hysterectomy lawsuitA group of four women who underwent robotic hysterectomy procedures using the da Vinci Surgical System have filed a joint lawsuit against the manufacturer, alleging they were severely harmed by complications caused by the robot.

The da Vinci Surgical System involves a set of robotic arms which theoretically allow surgeons to perform laparoscopic surgery to a greater degree of precision. However, a number of da Vinci robot lawsuits and several investigations by the media have suggested that robotic hysterectomy performed by the da Vinci Surgical System might have a higher rate of serious complications than complex laparoscopic procedures that are performed the old-fashioned way.

This latest da Vinci robot lawsuit was filed by four patients who suffered from robotic hysterectomy complications allegedly caused by the da Vinci Surgical System. Three of the four plaintiffs also had their spouses join the lawsuit as plaintiffs seeking restitution for loss of consortium, a legal term used to describe being “deprived the normal companionship, company, affection, regard, assistance, comfort, sexual relations, and emotional stability from their respective spouses.”

The plaintiffs come from New Jersey, Indiana, Arizona and Ohio.

According to the da Vinci robot lawsuit, all of the plaintiffs’ physicians told them that the da Vinci system would allow them to heal faster, have better outcomes, and experience less pain. Per the lawsuit, this assertion originated with the defendant, the manufacturers of the da Vinci Surgical System. Despite these assurances, the lawsuit states that the plaintiffs suffered a number of injuries, including perforations and other physical injuries to various pelvic organs during their robotic hysterectomy procedures.

The da Vinci robot lawsuit alleges that the manufacturers were aware of the risks associated with their surgical equipment, but downplayed these risks, preventing patients like the plaintiffs from having all of the information they needed to make informed medical decisions. The lawsuit asserts that the manufacturer is liable for damages, including medical costs, legal fees, and other expenses.

The da Vinci robot lawsuit joins dozens of others already pending against Intuitive Surgical, alleging that the robotic surgical tool is inherently flawed and that Intuitive has concealed this flaw in order continue selling and promoting the multimillion dollar piece of equipment. The expensive gear also requires several hundred dollars in yearly maintenance.

The da Vinci Robot Surgery Lawsuit is Charles Cosby, et al. v. Intuitive Surgical Inc., Case No. 4:14-cv-00293-DMR, in the U.S. District Court for the Northern District of California.

Were You or Your Spouse Harmed During a Robotic Hysterectomy?

If you or a loved one suffered from complications after having a surgery with the da Vinci system, you’ve almost certainly been through a trying ordeal. The sorts of complications allegedly linked to this surgical tool are serious, and may require emergency surgery to correct them. When facing such a situation, many people feel overwhelmed, or even depressed.

But you need to remember that regardless of the challenges you are facing, you still have rights, and there are steps that you can take to regain a measure of control over your situation. Keep in mind that in many districts, there could be a statute of limitations or legal time limit on starting legal action against Intuitive. You can start by visiting the Da Vinci Robot Surgery Class Action Lawsuit & Robotic Surgery Lawsuit Investigation. Here, you can enter information about your situation for a legal review by a trained expert with a background in this type  of litigation.

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4 thoughts onFour Robotic Hysterectomy Patients File da Vinci Robot Lawsuit

  1. Crystal Richardson says:

    I had robotic surgery in 2011 in Washington at the time no class actions. I had hysterectomy. It knicked my bowel twice. Landing me in a 5 month coma. Ventilator. Kidneys shut down. Several infections. Almost died. Hospital admitted guilt. I want this thing off market

  2. Tameka Davis says:

    Please include me

  3. Marguerite Fritz says:

    Include me! I too had the robotic surgery and was hospitalized 2 days after returning home for nearly 2 weeks for complications from the surgery.

  4. Tiffany Sneson says:

    I had a robotic hysterectomy

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