Alabama Couple Seeks $490 Million for da Vinci Surgical Robot Hysterectomy Gone WrongApr 18, 2012 | Parker Waichman LLP
A couple in Alabama has filed a lawsuit alleging that use of the da Vinci Surgical Robot resulted in a botch hysterectomy. According to the complaint, Gwendolyn Jones and her husband, Amos, are seeking a total of $490 million in damage from Intuitive Surgical, the maker of the da Vinci Surgical Robot.
"Defendant sold it [sic] 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," the Jones' lawsuit claims.
According to the complaint, the da Vinci hysterectomy allegedly left Gwendolyn with significant injuries to her left ureter and bladder. The couple alleges that Intuitive Surgical fraudulently marketed a defective medical device.
The Jones are just the latest couple to allege the da Vinci robot caused serious injuries. Other claims have alleged use of the device led to tears and burns to blood vessels, intestines and reproductive organs. In some cases, the injuries weren't apparent until after surgery, resulting in delayed treatment. Plaintiffs allege Intuitive Surgical failed to adequately research the device or warn patients and the medical community that its use comes with substantial risk of complications and injuries.