da Vinci Surgical System Lawsuits & Lawyer Attorney Help
CAN I FILE A DA VINCI LAWSUIT?
If you believe that you have suffered a health problem or lost a loved one because of an operation with a da Vinci Surgical System please contact our experienced lawyers as soon as possible for a free lawsuit consultation about the merits of your case. We have a successful history of handling medical product defect cases and are completely versed in this area of the law. Be aware that there may be legal time limits in connection with your case so it is important that you contact us as quickly as you can. This will also allow us to begin to organize an early resolution of your case.
Our legal systems allows victims of negligence, fraud, improper professional training and other consumer violations to seek damages for their medical costs, loss of wages, pain and suffering, loss of a loved one and other expenses associated with allegations that can be proven. Our lawyers are now gathering evidence in what could become a massive class-action lawsuit over medical problems suffered by victims of da Vinci surgeries.
We are offering free consultations to these victims and no legal expenses are charged in cases that are accepted unless there is a settlement or a jury award. Court records show that over 90 percent of such lawsuits that are filed wind up in settlements, rather than in jury trials.
WHAT IS THE DA VINCI ROBOT SURGERICAL SYSTEM?
Heralded as the one of the most important advances in surgical technique, the da Vinci Surgical system, or the surgical robot as it is commonly called, has proven to have a significant drawback: Human error. Any machine is only as good as the humans who operate it and there have been so many problems associated with the system that a wave of lawsuits have been filed against the manufacturer. The da Vinci plaintiffs claim that they have suffered injuries ranging from tears, or perforations of arteries and organs to the loss of loved ones due to deaths.
Presently, there is the possibility that these lawsuits could be consolidated into what is called a multi-district litigation, in which lawsuits from across the country with similar claims against the same defendant are grouped together. This allows the court system to prevent itself from being flooded with such suits and for teams of plaintiffs' lawyers to pool their skill into what could become a massive class action suit. This is common in mass drug-defect cases and frequently results in settlements or jury awards in the millions of dollars.
The da Vinci system was developed by California-based Intuitive Surgical, approved by the Food and Drug Administration in 2000 and hailed as the newest advance in surgery by allowing physicians to utilize the latest technology in order to reduce the size of surgical incisions and speed up recovery times for patients. The device allows surgeons to become more manipulative through tools that provide a greater range of motion than the human hand.
The system, or robot, is a four-armed device with one of the arms an endoscopic camera. It is marketed as providing a range of motion and surgical options that are superior to those used in traditional surgery. They don't come cheap, estimated costs are $1.25 million for the unit and about $140,000 in annual upkeep costs. You don't have to be a mathematical genius to recognize that in order to recoup these costs a lot of surgeries are necessary.
The question raised in many of these lawsuits and by numerous medical experts is whether surgeons and hospitals, in a rush to recoup their costs and turn profits have exposed patients to serious and sometimes life-threatening health problems because the surgeons were not properly or fully trained. There have also been findings by medical researchers that the da Vinci system is no better than traditional forms of surgery.
It was immediately embraced by the medical community and our technology-crazy society, which seems willing to immediately embrace the newest, fast scientific advances as they appear on the market. Some critics and conservative medical voices expressed concern that maybe things were moving a bit too fast and that the plusses and minuses of the system had not been adequately researched.
What problems were suffered by Da Vinci System Surgical Robot Victims?
For an increasing number of patients, those complications are occurring and some are now pursuing lawsuits against Intuitive Surgical over the health problems they have suffered. The Wall Street Journal outlined some of these victims in an investigative report about the da Vinci devices and told how some had to undergo additional surgeries in order to repair the damages. Among the problems that have surfaced are tears or burns to:
- Blood vessels
- Other internal organs
- Wrongful death
- Additional surgeries